02/17/2009 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
FEBRUARY 17, 2009
6;30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
-~ ~ II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
~. '~ A. Recognition of Police Canine Gunnar's Retirement from Service
IV. CONSENT AGENDA
(Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion)
~ ~J A. APPROVE MINUTES
-P,~ B. PERSONNEL ITEMS
p, ~3 C. APPROVE Check Registers
~'~ D. APPROVE Parade Permit, Shows License, and use of space in the Community Center for the coronation
of Miss Eagan Ambassador Program for the July 4'h Funfest Committee and waive fees
P. 1!~ E. APPROVE Massage Therapy Establishment License for Terri Goembel, 3356 Sherman Court, Suite 103
~ 17 F. APPROVE Tree Maintenance Contractor Licenses for The F.A. Bartlett Tree Expert Company and
Outdoor Specialties
~. ~~j G. AUTHORIZE staff to prepare request for proposals for architectural and construction management
services related to design of a fire safety campus
~ ~ 9 H. DECLARE the current Fire Safety Trailer surplus property and authorize its disposal
~aD I. APPROVE the agreement to transfer ownership of K-9 "Gunnar" to Daniel Tocko
(~at~LJ. APPROVE Tower Lease Termination Agreement
~~ K. APPROVE Preliminary Engineering Agreement with MnDOT for Project 669.2 (Duckwood Drive/Federal
Drive - Overpasses & Interchanges)
~oZb L. APPROVE Change Order #3 for Contract 08-06 (Northwood Parkway - Overpass & St~eet Improvements)
~Q~' M. APPROVE Final Subdivision for Red Pine Crossing (cont. from 12-17-08)
,~ ~.N. DIRECT Ordinance Amendment to Chapter 11 regarding non-conforming uses.
~~ O. APPROVE Resolution to Eliminate Certain Parcels from TIF District #2-4 in the Northeast Eagan
Redevelopment District
-~.°~P. APPROVE renewal of a one-year contract with Lifeworks Services, Inc. for the pr~vision of limited
janitorial services in designated park buildings and authorize the Mayor and City Clerk to execute the
appropriate documents
~~' Q. APPROVE negotiated allocation of service hours to Thomson Rueters in lieu of E-TV rent.
V. PUBLIC HEARINGS
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
P L~ A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
D. O~D BUSINESS
1. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Consider Discontinuation of District
~ ~~ E. NEW BUSINESS
G. OTHER BUSINESS
H. ADJOURN
•'~. ADMINISTRATIVE AGENDA
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
Cit of ~a ~~ ~e~o
Y ~
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 13, 2009
SUBJECT: AGENDA INFORMATION FOR FEBRUARY 17, 2009 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the February 17, 2009 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
February 17, 2009, Eagan City Council Meeting
RECOGNITIONS AND PRESENTATIONS:
A. Recognize the retirement of Canine "Gunnar" for his six years of service to the
Eagan Police Department.
FACTS:
• Gunnar was "commissioned" as a police canine in 2003.
• Sergeant Dan Tocko and Gunnar were trained by the St. Paul Police Canine Unit.
• In Gunnar's tenure with the police department, he has apprehended felons, located
missing children, and found a large amount of narcotics.
• Gunnar is approximately eight-years old and has suffered from medical issues.
• Upon his retirement, he will live with Sergeant Tocko.
ATTACHMENTS:
None
Agenda Infortnation Memo
February 17, 2009 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 February 3, 2009 regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the February 3, 2009 regular City Council meeting are enclosed on pages ~
through ~.
~
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
February 3, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Lee Moeller discussed his concern over
chemicals used in the Postal Service buildings and stated he felt an investigation should be conducted to
verify what chemicais would be used in the new Postal Service building to be located in Eagan. Mayor
Maguire explained that the City does not have jurisdiction over the USPS and suggested that Mr. Moeller
contact Congressman John Kline's office.
A regular meeting of the Eagan City Council was held on Tuesday, February 3, 2009 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and
Hansen. Also present were City Administrator Tom Hedges, Community Development Director John
Hohenstein, City Planner Mi~Ce Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty,
and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges announced that a Closed Session would be held regarding easements for the
alum dosing station sediment basin project, and the acquisition of property for the relocation of Fire
Station 2 and a web domain site.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the January 20, 2009 regular City Council meeting
and the minutes of the January 13, 2009 Special City Council meeting as presented.
B. Personnelltems.
1. It was recommended to approve the hiring of a person to be named as Utility Billing/Special
Assessments Clerk.
2. It was recommended to approve the hiring of Nathan Rank as a part-time seasonal Building
Attendant II at the Civic Arena.
3. It was recommended to approve the hiring of Seborn Yancy as a Fitness Attendant at the
Community Center.
4. It was recommended to approve the hiring of Jeff Anderson as a part-time cablecaster for E-TV.
C. It was recommended to ratify check registers dated January 15, January 22 and January 28, 2009
as presented.
D. It was recommended to approve the renewal of a Tree Maintenance Contractor License for
Precision Landscape and Tree, Inc.
E. It was recommended that a$1000 donation from Cub Foods to the Police Department be accepted.
F. It was recommended that a$1000 donation from Cub Foods to the Fire Department be accepted.
G. It was recommended to receive the Draft Feasibility Report for Project 981, (Rahncliff / Cliff Lake
Road / Rahn Road - Street Improvements) and schedule a public hearing to be held on March 3,
2009.
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City Council Minutes
February 3, 2009
Page 2
H. It was recommended to receive the Draft Feasibility Report for Project 964, (Yankee Doodle Road /
Yankee Drive - Street Improvements) and schedule a public hearing to be held on March 3, 2009.
I. It was recommended to approve the plans and specifications for Contract 09-01 (Citywide Street
Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,
March 12, 2009.
J. It was recommended to authorize the preparation of detailed final plans and specifications for
Contract 09-04 (Fish Lake Alum dosing Station and Sediment Basin - Water Quality Improvements)
that may be let within 2 years after said authorization, and the acquisition of right-of-way and
easements through quick-take Eminent Domain, if necessary.
K. It was recommended to approve the final payment for Contract 08-04 (Citywide - Street Overlays) in
the amount of $68,512.67 to McNamara Contracting, Inc., and accept the improvements for
perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve the 2009 Parks and Recreation Department CIP for park
improvements.
M. It was recommended to approve the renewal of a one year contract with Dakota County for the
provision of Sentence to Service work crews and authorize the Mayor and City Clerk to execute the
appropriate documents.
N. It was recommended to approve the 2009 Use Agreement and authorize the Mayor and City Clerk to
sign the agreement with Blue Cross / Blue Shield (BCBS) that allow use of BCBS property for
community soccer games and related activities.
O. It was recommended to schedule a Special City Council Workshop on Tuesday, February 24, 2009.
PUBLIC HEARINGS
There were no public hearings.
NEW BUSINESS
PRELIMINARY SUBDIVISION (ESTEN NORVIN OAKS) - ESTEN RUSTEN
City Administrator Hedges introduced this item regarding a Preliminary Subdivision of .87 acres to create
two single family lots for property located at 4870 Rusten Road. City Planner Ridley gave a staff report.
Councilmember Bakken moved, Councilmember seconded a motion to approve a Preliminary Subdivision
of .87 acres to create two single family lots for property located at 4870 Rusten Road in the SE %4 of
Section 31, subject to the following conditions: Aye: 5 Nay: 0
1. The property shall be platted.
2. A garage shall be constructed on Lot 1 to meet City Code requirements prior to release of the
mylars for recording of the Final Subdivision.
3. This development shall be responsible for a cash park and trails dedication based on the
rates in effect at the time of Final Subdivision.
4. An individual lot tree preservation plan shall be submitted at the time of building permit
application for Lot 2, Block 1.
5. A cash dedication in lieu of on-site water quality ponding shall be required for this
development, consistent with City policies and city Code §4.33.
6. Prior to application for final subdivision, the applicant shall have the wetland delineated and
assessed by a Certified Wetland Delineator, according to City Code §11.67.
COMPREHENSIVE GUIDE PLAN AMENDMENT - MVTA
City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment
that would change the land use designation from MnDOT right-of-way, to SA, special Area, for property
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City Council Minutes
February 3, 2009
Page 3
located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-way. City Planner Ridley gave a
staff report.
Beverly Miller, Representing the MVTA discussed the plans for the proposed transit facility.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to direct staff to submit to the
Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use
designation from MnDOT right-of-way, to SA, Special Area, for property located at Cedar Grove Parkway
and Nicols Road on MnDOT right-of-way in the NE %4 of Section 19. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT - PEANUT'S PLACE
City Administrator Hedges introduced this item regarding a conditional use permit to allow a dog daycare
and grooming facility with overnight boarding of dogs and outdoor runs located at 1904 Shawnee Road.
City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow a dog daycare and grooming facility with overnight boarding of dogs and outdoor runs
located at 1904 Shawnee Road, legally described as Lot 4, Block 2, Cedar Industrial Park, in the SW %4 of
Section 17, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not
exceed 50. The number of overnight boarding kennels shall not exceed 30.
3. Staff hours of operation for boarded animals shall be 6:00 a.m. to 8:00 p.m. every day.
4. Customer service hours shall be 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. to
6:00 p.m. Saturday and Sunday.
5. Inspection by the Animal Control Officer shall occur prior to opening,
6. The applicant shall maintain a current kennel license.
7. The premises shall be open for inspection by the City and the City shall have the right to inspect
the premises.
8. All signage is subject to City Code requirements.
9. The perimeter of the site shall be secured with a six-foot privacy fence.
10. The applicant shall provide a revised Site Plan removing outdoor play area from emergency
vehicle access areas, subject to approval by the City Fire Marshal.
11. The designated bathroom area for the animals shall be cleaned daily.
12. A portion of the outdoor play area shall have a canopy/shade area from May 1 through October 1.
ORDINANCE AMENDMENT - AIRPORT NOISE ATTENUATION ORDINANCE
City Administrator Hedges introduced this item regarding requirements for sound attenuation
construction methods and an Ordinance Amendment to City Code, Chapter 11, adopting land use
standards and policy boundaries relating to airport noise attenuation. Community Development
Director Hohenstein gave a staff report.
Council held a discussion relative to the level of construction to achieve noise attenuation standards.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a
recommendation by the Advisory Planning Commission to apply the requirements for sound
attenuation construction methods under the ordinance to properties that have previously received
sound attenuation treatments under the original MAC sound insulation program, if those homes are
demolished and replaced by new homes. Aye: 5 Nay: 0
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City Council Minutes
February 3, 2009
Page 4
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Ordinance
Amendment to City Code, Chapter 11, adopting land use standards and policy boundaries relating to
airport noise attenuation for property in the vicinity of the Minneapolis - St. Paul International Airport.
Aye:5 Nay:O
LEGISLATIVE / INTERGOVERNMENTA~ AFFAIRS UPDATE
There were no items to be discussed.
The regular City Council meeting was recessed at 7:14 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular City Council meeting reconvened at 7:25 p.m.
ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:30
p. m.
Date
Administrative Secretary / Deputy Clerk
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Agenda Information Memo
February 20, 2009 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Engineering Technician/iTtilities-
ACTION TO BE CONSIDERED:
To approve the hiring of James Hauth as an Engineering Technician in the Utilities Division.
Item 2. Utility Billing/Special Assessments Clerk-
At the February 3, 2009 City Council meeting, the hiring of a person to be named as Utility
Billing/Special Assessments Clerk was approved. The name of the person who was hired for
that position is Holly Norrish. This item is informational only; no action is required.
Item 3. Administrative Intern-
ACTION TO BE CONSIDERED:
To approve the hiring of Matthew Kline as an Administrative Intern.
Item 4. Hearing Conservation Policy--
ACTION TO BE CONSIDERED:
To approve the Hearing Conservation Policy as presented.
ATTACHMENTS:
~ Enclosed on pages ~ through /°~ is a copy of the Hearing Conservation Policy.
City of Ea~an
Hearin~ Conversation Policy
In conjunction with Federal Regulations/OSHA Standard 29 CFR, Part 1910.95
Purpose
The purpose of this Hearing Conservation Program is to protect employees against the
effects of occupational noise exposures at The City of Eagan. The program shall be
administered whenever employee noise exposures equal or exceed an 8-hour time-
weighted average sound level (TWA) of 85 decibels on the A scale (dBA), slow
response. Administrative and Engi~eering controls will be utilized when the levels
exceed 90 dBA for an 8-hour TWA, and if the hazard still exists then the use of personal
protective equipment shall be provided and used to reduce noise levels. The City will
comply with Federal OSHA guidelines and provide for a Hearing Conversation Program.
Definitions
A Scale: The setting on a sound level meter that most closely resembles
the way the human ear hears.
Audiogram: A test of an individual's hearing threshold level as a function of
frequency.
Baseline Audiogram: The audiogram against which future audiograms are compared.
Cochlea Is a snail shell-like cavity, which contains the essential receptor
organs of hearing.
dBA: Decibel level using the A Scale.
Decibel (dB): Unit of ineasurement of sound.
Dosimeter: An instrument that integrates a function of sound pr~ssure over
a period of time in such a manner that it directly indicates a
noise dose.
Hertz (Hz): Unit of ineasurement of frequency numerically equal to cycles
of a sound wave per second. The total range of frequencies for
humans is from about 20 Hz to about 20,000 Hz.
Noise: Sound that bears no information and is unwanted by the listener.
Sound: A pressure wave in the atmosphere that the human ear can
detect.
Sound Level Meter: An instrument designed to measure a frequency-weighted value
of the sound pressure level.
Time-Weighted
Average Sound Level Weighted average sound level over a given amount of time,
"Action Level": usually 8 hours.
~
Hearing Conservation Areas "HCA's": Any City identified physical buildings,
locations and work areas that require hearing protection to be worn. To include but not
limited to any well houses, pump houses, lift stations (when pumps are operating),
compressor rooms or locations wlzere compressors are being utilized and any other
identified areas at the Civic Arena, Cascade Bay, Community Center, Central
Maintenance Facility and Utility plants.
The components of this policy will include:
1. Noise Monitoring
2. Engineering Controls
3. Hearing Protection
4. Audiometric Testing
5. Training and Communication
6. Record keeping and Posting
1. Noise Monitoring
The City of Eagan will conduct initial and periodic noise monitoring to adequately
measure employee's exposure to noise. This monitoring will be conducted with
appropriate instruments, both area and personal instrumentation and in compliance with
manufacturer's recommendations and other reliable standards.
Employees will be directed to participate, and may observe the noise monitoring. Testing
will take place in all areas identified in the initial survey. Based on survey results, areas
will be identified as Hearing Conservation Areas. Results of noise monitoring will be
maintained with the Safety Coordinator or Human Resources.
2. Engineering Controls
When feasible, the City will implement engineering controls or provide hearing
protection to employees in order to reduce noise exposure in identified areas or reduce
noise exposure when operating identified equipment, to a level that is below the Action
Level.
3. Hearing Protection
A variety of hearing protectors will be provided to all employees exposed to Hearing
Conservation Areas or when operating identified equipment, at no cost. Hearing
protection will be mandated in the following situations; when employees are exposed to
noise at or above the exposure limit, those exposed above the Action Level - despite not
having a baseline audiogram, employees who have experienced a Standard Threshold
Shift (STS), and employees who will have an audiometric exam within 14 hours.
The City is responsible for ensuring a variety of hearing protectors are always available
and are appropriate for the type of noise exposure.
~~
4. Audiometric Testing
Audiometric testing will occur upon hire, in order to obtain a valid baseline and annually
at no cost to employees. Test results will include; employee name, job title, date of
audiogram, examiner's name, date of last calibration, employees' most recent noise
assessment, and measure of background sound pressure levels in the audiogram test
room.
Exams will be conducted by licensed or certified audiologist, otolaryngologist, or other
physician, ar by a technician meeting requirements of 29 CFR 1910.1095(g)(3). Results
will be evaluated and compared to baseline results. If the results indicate a change in the
Standard Threshold Shift has occurred, as defined in 29 CFR 1910.95(g)(10)(I-ii), The
City reserves the right to re-test the employee within 30 days and accept the retest results
or adjust the results for the contribution of presbycusis (aging) by applying Appendix F
of 29 CFR 1910.95.
If the STS is still valid, the following procedure will be enacted:
~ If the employee has not been wearing hearing protection, they will be fitted,
trained, and required to wear them.
• If already using hearing protection, the employee will be re-fitted, retrained, and
provided with protection offering greater attenuation.
~ The City reserves the right to have the employee undergo additional testing if the
City suspects a medical pathology of the ear is caused or aggrevated by wearing
the hearing protections.
• Per OSHA standards, hearing levels at 25 dBA or more above audiometric zero,
the case will be required on the OSHA 3001og.
• If subsequent audiograms reports show the threshold shift has not persisted,
employees will be informed in writing that they are no longer required to wear
hearing protection except in designated areas and when operating identified
equipment.
Human Resources will schedule and coordinate all pre-employment and annual
audiograms.
5. Training
Training will be provided upon hire, upon introduction to an identified HCA or when
initially operating identified equipment, and annually. Training may also be mandated at
the supervisor's direction/discretion or when there are identified hazards or when
standards change.
In conjunction with the Safety Coordinator, the Department is responsible for ensuring all
employees receive appropriate training on a timely basis. Training records will be
documented and maintained for at least 3 years by the Safety Coordinator or Human
Resources Department.
6. Posting and Recordkeeping.
A copy of the hearing conservation standards will be posted in identified locations that
are easily accessed by employees.
Records of noise monitoring will be maintained for 30 years beyond an employees'
termination date in their medically related personnel file. Copies of reports will be made
available to the employee upon their request. Results are considered medical records and
are considered private data and will only be made available accarding to 29 CFR
1910.20.
I~
Agenda Information Memo
February 17, 2009 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated February 5, 2009 and February 12, 2009 as presented.
ATTACHMENTS:
• Checlc registers dated February 5, 2009 and February 12, 2009 are enclosed without page
number.
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Agenda Memo
February 17, 2008
City Council Meeting
CONSENT AGENDA:
D. Parade Permit, Shows License, and Use of Space in the Community Center for the
Coronation of Miss Eagan Ambassador Program and Waive Fees - July 4th Funfest
Committee
ACTION TO BE CONSIDERED:
Approve Parade Permit, Shows License and use of space at the Community Center
for the Miss Eagan Ambassador Program, and waive fees, for the July 4th Funfest
Committee.
FACTS:
• The July 4th Funfest Committee has applied for a Parade Permit for the annual parade to
be held eastbound on Yankee Doodle Road from Highway 13 turning northbound at
Central Parkway and terminating at the turn into Central Park Community Center. The
Police Chief has reviewed the proposed parade route.
• The Committee also applied for a Shows License to hold the annual Funfest which
features the parade, carnival, street dance, food booths, fireworks and events to be held
July 3`d and 4th. The Police Chief also reviewed this application.
• In addition, the Committee is requesting use of space at the Community Center to hold
the Miss Eagan Coronation which will be held June 30th - July 2"d. Attached is their
written request which outlines which rooms and the timeframes they will need.
• The rental cost of the rooms they.are requesting would be $3,436, however they are
requesting this fee be waived, along with the $25 Parade Permit fee and the $25 Shows
License fee.
ATTACHMENTS:
• The written request from the July 4t1i Funfest Committee for use of the Community
Center is attached as page ~~. The applications are available for review in the
Administration Department.
~~
The Miss Eagan Funfest Ambassador Program is requesting a fee waiver for the annual
coronation during the 4th of July Funfest.
We are requesting that the Oaks Banquet facility and the South, Central and North
meeting rooms are open for our use from 06/30/2009 - 07/02/2009 .
06/30/2009: 3pm - close (We would like the stage set up at 3pm, we will be decorating
the stage and having rehearsals. The South, Central and North meeting rooms will be
used as dressing rooms.)
07/Ol/2009: 1 lam - close (All day rehearsal, interviews and talent competition in the
evening. The South, Central and North meeting rooms will be used as dressing rooms.)
07/02/2009: 2pm - close (Final night rehearsal and coronation to begin at 7pm, The
South, Central and North meeting rooms will be used as dressing rooms.)
The Lone Oak Room and Board Room will also be needed on 07/O1/2009 & 07/02/2009.
07/Ol/2009: Needed from 2pm-close
07/02/2009: Needed from 2pm-close
The set up in the Oaks Banquet room has not yet been determined.
~~
Agenda Memo
February 17, 2009
City Council Meeting
CONSENT AGENDA:
E. Massage Therapy Establishment License for Terri Goembel, 3356 Sherman
Court, Suite 103
ACTION TO BE CONSIDERED:
Approve a License for Terri Goemble to operate a Massage Therapy Establishment at
3356 Sherman Court, Suite 103, dba Cloud Nine Massage LLC
FACTS:
Terri Goembel has applied for a massage therapy establishment license to operate at
3356 Sherman Court, Suite 103.
All requirements of the application have been met and the license fee and background
investigation fee paid.
The Police Department conducted a background investigation and found no reason to
deny the application.
ATTACHMENTS:
None. The application is available for review in the Administration Department.
/ ~"
Agenda Memo
February 17, 2008
City Council Meeting
CONSENT AGENDA:
F. Tree Maintenance Contractor Licenses for F.A. Bartlett Tree Expert Company and
Outdoor Specialties.
ACTION TO BE CONSIDERED:
Approve Tree Maintenance Contractor Licenses for F.A. Bartlett Tree Expert
Company and Outdoor Specialties.
FACTS:
The F.A. Bartlett Tree Expert Company, 5505 N. Highway 169 in Plymouth, and
Outdoor Specialties, 560 Lone Oak Road, has applied for tree contractor licenses. Both
companies have held licenses in Eagan previously.
All requirements of the applications have been met and staff finds no reason to deny.
ATTACHMENTS:
• The applications are available for review in the Administration Department.
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Agenda Information Memo
February 17, 2009 Eagan City Council Meeting
G. AUTHORIZE STAFF TO PREPARE REQUEST FOR PROPOSALS FOR
ARCHITECTURAL AND CONSTRUCTION MANAGEMENT SERVICES
RELATED TO DESIGN OF A FIRE SAFETY CAMPUS.
ACTION TO BE CONSIDERED:
Authorize staff to develop request for proposals for architectural services and
construction management services for the design of a fire safety campus.
FACTS:
The City Council has reconfirmed the need for a Fire Safety Campus as a
Top goal for 2009/2010
Selection of an Architect will assist the City in selection of a site for the fire
Campus
Council Standing Committees, both Public Works & Finance have
Recommended the fire campus project proceed during 2009/2010
The next phase is to retain the services of an Architectural Firm
ATTACHMENTS:
• None
f~
Agenda Information Memo
February 17, 2009 Eagan City Council Meeting
H. DECLARE THE CURRENT FIRE SAFETY TRAILER SURPLUS
PROPERTY AND AUTHORIZE ITS DISPOSAL
ACTION TO BE CONSIDERED:
To declare the current Fire Safety Trailer surplus and authorize its disposal.
FACTS:
• At the January 13, 2009 Special City Council Meeting, Council provided
direction to accept the offer by the Eagan Rotary Club to purchase a new Fire
Safety Trailer to be used by the Fire Department for our Fire Safety Program.
• The Council also indicted that they were comfortable with the suggested
cooperative funding proposal that will have the Rotary Club reimburse the
City of Eagan $35,000 in 2009 for the Fire Safety Trailer and the remainder of
the cost ($15,000) in 2010.
• With the purchase of the new trailer, the Fire Department has no use for the
current 1995 Fire Safety Trailer.
• The Fire Department is proposing advertising the trailer for sale through a
sealed bid process on the League of Minnesota Cities website.
• The trailer would be advertised in "as is condition".
• In the event the trailer cannot be sold, it will be disposed of by some other
means per City policy.
ATTACHMENTS:
None
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Consent Agenda Information Memo
February 17, 2009 Eagan City Council Meeting
I. RETIRE POLICEN CANINE ~~GUNNAR" AND TRANSFER
OWNERSHIP TO SERGEANT DAN TOCKO.
ACTION TO BE CONSIDERED:
Retire Police Canine "Gunnar" and Transfer Ownership to Sergeant Dan Tocko for a fee
of $1.00.
FACTS:
• The Eagan Police Department has a canine program consisting of two German
Shepherd's.
• Sergeant Dan Tocko was identified as a canine handler in March 2003.
• His canine partner "Gunnar" is approximately eight years old and has suffered
some medical issues necessitating the need for retirement.
• Previous dogs retiring from the department's canine program have been sold to
department personnel for $1.00.
• An agreement, previously drafted by the city attorney's office, releases the city of
any future responsibility related to Gunnar.
• By approving the agreement, Sergeant Tocko assumes ali future health care
and/or other unforeseen liabilities related to Gunnar. The agreement takes effect
February 17, 2009.
• Due to a generous donation from the Eagan Citizen's Crime Prevention
Association (ECCPA), a new canine handler was identified and will be on patrol
with Gunnar's replacement later this year.
ATTACHMENTS:
Agreement on pages ~ ~ through~
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AGREEMENT
THIS AGREEMENT, made this 17TH day of February, 2009, by and between the CITY
OF EAGAN, a Minnesota municipal corporation, organized under the laws of the State of
Minnesota, hereinafter referred to as "CITY" and DANIEL TOCKO, a resident of Dakota
County, Minnesota, collectively known as "the Parties".
WHEREAS, the CITY owns a dog by the name of GUNNAR which is currently part of
the CITY' S K-91aw enforcement program;
WHEREAS, GUNNAR is getting older and should be retired from K-9 duty;
WHEREAS, DANIEL TOCKO, desires to purchase GUNNAR and the CITY desires to
sell GITNNAR to DANIEL TOCKO.
NOW, THEREFORE, the Parties hereto do hereby agree as follows:
1. The CITY shall sell GITNNAR to DANIEL TOCKO for One Dollar ($1.00) and the
promises herein.
2. The CITY will transfer all rights, responsibilities and liabilities for GLJNNAR to
DANIEL TOCKO effective February 17, 2009.
3. DANIEL TOCKO agrees to purchase GUNNAR from the CITY for One Dollar
($1.00) and the promises herein.
4. DANIEL TOCKO agrees to accept all rights, responsibilities and liabilities for
GLJNNAR effective on February 17, 2009.
5. The CITY warrants that it has provided GUNNAR all reasonable health care
appropriate for a K-9 through February 16, 2009.
6. DANIEL TOCKO agrees to hold the CITY harmless for any damages incurred by
purchasing GUNNAR and shall defend and indemnify the CITY for any cause of
action or damages arising from DANIEL TOCKO' S ownership of GITNNAR as of
February 17, 2009.
G:/Admin/Agreements/Dan Tocko Agreement.doc
Page 1 of 3
`~-I
NOW, WHEREFORE, the Parties have caused this Agreement to be executed as of the
day and year first above-written.
CITY OF EAGAN,
a Minnesota municipal corporation
By: Mike Maguire
Its: Mavor
ATTEST:
(SEAL)
By: Maria Petersen
Its: Citv Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF llAKOTA j
On this day of , 2009, before me a Notary Public within and for
said County, personally appeared MIKE MAGUIRE and MARIA PETERSEN to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor
and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and
that the seal affixed on behalf of said municipality by authority of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
municipality.
Notary Public
G:/Admin/Agreements/Dan Tocko Agreement.doc
Page 2 of 3
~~
DANIEL TOCKO
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2009, by DANIEL TOCKO, a resident of Dakota County, Minnesota.
Notary Public
G:/Admin/Agreements/Dan Tocko Agreement.doc
Page 3 of 3
~ ~
Agenda Information Memo
February 17, 2009, Eagan City Council Meeting
J. APPROVE TOWER LEASE TERMINATION AGREEMENT
ACTION TO BE CONSIDERED:
To approve a tower lease termination agreement with the landlord of the former
Burnsville Eagan Community Television studio property and forward to the Burnsville
City Council for concurrence.
FACTS:
• The former BECT's lease with Pinnacle Properties for studio space, at 4155 Old
Sibley Memorial Highway, expired December 31, 2008.
• A communications tower containing radio equipment formerly used by Eagan
Police and Public Works still exists on the site.
• As part of the wrap-up to exit the location the cities of Burnsville and Eagan, as
partners in the former BECT, would be obligated to take down the tower and
remove the cement pad at their expense.
• However, the owner of Pinnacle Properties has expressed interest in seeing if he
can lease tower space as an additional source of income.
• An agreement has been reached that if Pinnacle is able to lease space on the tower
prior to September 30, 2009, it may acquire the tower for $1 and the cities shall
bear no cost to remove the tower or pad, a savings estimated at up to $14,000.
• Prior to September 30, Pinnacle may still request the cities to remove the tower at
their cost, but failure to notify the cities by that date automatically conveys the
tower to Pinnacle with no further liability to the cities.
ATTACHMENTS:
• None
~
Agenda Information Memo
February 17, 2009 Eagan City Council Meeting
K. PROJECT 9'71, DUCKWOOD DRIVE, FEDERAL FUNDING
AGREEMENT FOR PRELIMINARY ENGINEERING
ACTION TO BE CONSIDERED: Approve a federal funding agreement for preliminary
engineering for Project 971 (Duckwood Drive - Ring Road Extension- Bridge and Street
Improvements) with the Minnesota Department of Transportation (Mn/DOT) and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
• The City's Comprehensive Transportation Plan includes the development of a"Ring Road"
circulator around the intersections of Pilot Knob Road, Yankee Doodle Road and I-35E. The
City has been coordinating the development and improvement of related infrastructure to
accommodate this transportation element for the past 15 years. The Northwood Parkway
Overpass component of the Ring Road was completed in October 2008. The remaining
component is the Duclcwood Drive extension. This will require a significant capital
expenditures (est. $13.6 million).
• Project 971 provides for the extension of Duckwood Drive over I-35E from Pilot Knob Road
to Federal Drive, reconfiguration of the existing Pilot Knob Road/Duckwood Drive
intersection, modifications to the I-35E ramps west of Pilot Knob Road, and bituminous trails
on both sides of Duckwood Drive.
• The City has been successful in securing approximately $1 million in federal funding for
which will be applied towards preliminary engineering and right of way acquisition for the
Central Area Ring Road Improvements. To date, approximately $360,000 was applied to the
final design of the Northwood Parkway Overpass. An approximate balance of $620,000 in
federal funds remains for this and future stages of Duckwood Drive. Before detail designs
can begin, a traffic study is necessary to help determine the cost effectiveness of the proposed
additional ramps from Duclcwood Drive to I-35E
• An agreement between the City of Eagan and Mn/DOT has been prepared providing for
federal participation in the completion of a traffic study and preliminary engineering of the
Duckwood Drive - Ring Road Extension- Bridge and Street Improvements. As set forth in
the agreement, the City's financial share of preliminary engineering is 0% while Mn/DOT's
financial share of preliminary engineering is 100%.
• The Agreement has been reviewed by the Public Works Department and City Attorney's
office and found to be in order for favorable Council action.
~J
Agenda Information Memo
February 17, 2009 Eagan City Council Meeting
L. CONTRACT 08-06, NORTHWOOD PKWY - I-35E OVERPASS
ACTION TO BE CONSIDERED: Approve Change Order No. 3 for Contract 08-06
(Northwood Pkwy - I-35E Overpass) for the Northwood Parkway bridge over I-35E and
authorize the Mayor and City Clerlc to execute all related documents.
FACTS:
• Contract 08-06 provides for the extension of Northwood Parkway over I-35E from
Pilot Knob Road to Denmark Avenue, reconfiguration of the existing Northwood
Parkway/ Denmark Avenue intersection with a roundabout, bituminous trail or
sidewalk on each side of Northwood Parkway, and decarative street lighting.
• Change Order No. 3 provides for various item, including:
• Guardrail removal necessary for installation of signing on I-35E (ADD
$687.50).
• Force account work to remove and replace the Regional Traffic Management
System cable in MnDOT right-of-way (ADD $1,653.93).
• Force account work for raising an existing hydrant to meet final slope grades
(ADD $2,300.99).
• Force account work for raising an existing manhole by 1.5 feet to meet finai
slope grades (ADD $586.92).
• Force account work for additional concrete walk construction efforts for the
Byerly's service entrance door to insure positive drainage (ADD $492.54).
• Force account work to modify, re-fabricate, and install a portion of ornamental
rail on the Northwood Parkway bridge (ADD $7,597.32).
• Fabrication of extra ornamental rail cantilever ends not shown in the original
plans (ADD $1,841.44):
• The reduction of payment for liquidated damages for project completion beyond
the contract specified date (DEDUCT $10,000).
• This change order provides for a total net ADD of $5,160.64 (0.14% of original
contract). The City's bridge design firm of SRF Consulting Group Inc. will
reimburse the City for $7,500 of the additional ornamental railing costs. All
remaining costs/credits 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.
O~~
Agenda Information Memo
February 17, 2009 Eagan City Council Meeting
1VI. FINAL SUBDIVISION (RED PINE CROSSING)
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (Red Pine Crossing) to create two lots upon 9.82 acres
located south of Red Pine Lane and east of Hwy. 3 in the SE 1/4 of Section 36.
REQUIRED VOTE FOR APPROVAL: Majority of Council members present
FACTS:
- The developer has indicated that the closing on the Letter of Credit is scheduled
to be held on Tuesday morning.
- All documents and Agreements except the Letter of Credit (expected by Tuesday
afternoon) are in hand; therefore, this action will only be in order for approval if
the Letter of Credit is received.
- The Preliminary Subdivision and Preliminary PD were approved Apri14, 2006.
- A Final Subdivision and Final PD were approved October 17, 2006. However, the
plat was never recorded.
- The applicant recently submitted a revised final plat which makes an adjustment to
the lot line between the two parcels in this development.
- The applicant's narrative explaining this change is attached. The purpose of the
adjustment is to accommodate greater building depth on Lot 2 for a grocery store
tenant.
- The adjustment maintains approximately the same area for Lot 2.
- The building would be shortened in length to maintain the same building footprint
area with the added depth.
- Staff has revised the pertinent Agreeinents and other documents to reflect this change
in the plat.
60-DAY STATUS: Not applicable
ATTACHMENTS (6):
Location Map, page ~
Applicant's Narrative, ag~
Original Plat, page~
Revised Plat, page~
Original and Propose property lines overlaid on original site plan, page~
Original and Proposed property lines overlaid on revised site plan, page~
~~
Eagan 6oundary
^ Right-of-way
Parcel Area
~ .
Park Area
~! Building Footprint
y ~
>
~
lL
l!~
~
~ I I ~ L_L_L_L_l~
L. ~
~
L.L_
1000 0 1000 2000 Feet
Development/Developer: Red Pine Crossing
Application: Final Subdivision
~ N
~~
.. ~ Clt~ 0~ ~~~all ~ E
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
December 8, 2008
In this revised Final Subdivision submittal the internal property lines of Red Pine Crossing development
previously approved by the Eagan City Council are being revised to reflect a desired building footprint
change in the grocery portion of Building C. This internal property line is needed to separate the TIF
c~ualifying pcoperty fi-om the non-qualifying portion of this project site.
The change in the grocery store portion of Building C's footprint is in response to the requests of several
of the potential grocery teilants considering the site. This change would revise the building to be 140
feet deep at its main mass instead of 100 feet deep as originally designed. The revised grocery footprint
is shortened in width to compensate for the changed depth resulting in the same Building C footprint
area. Likewise the proposed internal property line is deeper at the grocery store and thinner south of it
resulting in approxiinately the same sized Lot 2 property.
The attached sheets SCO 1 and SC02 diagram the before and after property lines and the changes in the
Building C footprint at the grocery store. At this time we area only requesting this revision to the final
subdivision submittal. When a final tenant is determined, we will sub~nit the related building plan
changes for a PD Amendment review.
In summary, the change in the plat ofthe subdivision allows for a revised grocery store tenant depth but
does not change the square footage of Building C or Lot 2. Equally importantly, the revised Subdivision
does not impact the quality or character of this exciting project. Revestors Group is dedicated to
providing Red Pine Crossing as an attractive and productive mixed-use development for the City of
Eagan and this neighborhood.
~~~~~~~~~~~ ' ~~ ~~ ~} ~~¢a~~a
4~kg.~
P:NROJECTS~200S\05018\TEXTCITY REVIEW (SITE, CUP)~RE\RSED FINAL SIJBDIVISIONNARRATNE.DOC
~~ ~ ~~ ~~ ~~
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Agenda Information Memo
February 17, 2009 Eagan City Council Meeting
N. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it
relates to non-conforming uses.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
- The 2008 Minnesota State Legislature modified non-conforming use standards.
- The City Attorney has opined that the City Code should be amended to reflect the
changes made in State Statute.
- As an amendment to Chapter 1 l, a Public Hearing before the APC will be necessary
before this item returns to the City Council.
ATTACHMENTS: None
~~
Agenda Information Memo
February 17, 2009, Eagan City Council Meeting
O. APPROVAL OF RESOLUTION TO ELIMINATE CERTAIN PARCELS
FROM TIF DISTRICT #2-4 IN NORTHEAST EAGAN
REDEVELOPMENT DISTRICT
ACTION TO BE CONSIDERED:
To approve a resolution to decertify certain parcels located in Tax Increment Financing
District 2-4.
FACTS:
At its meeting of June 3, 2008, the City Council held a public hearing to consider
the decertification of certain parcels in Redevelopment TIF District 2-4 in
northeast Eagan and recertification of those parcels as Redevelopment TIF District
2-5.
City staff and Ehlers & Associates are preparing to certify that district at this time.
In reviewing the documentation from the hearing and actions on June 3, it was
discovered that the resolution to decertify that portion of the district was not acted
on at the time of the public hearing. The action before the City Council at this
time will complete that process.
ATTACHMENTS:
• Resolution on pages ~~I" 3~
CITY OF EAGAN
COUNTY OF DAKOTA
STATE OF MINNESOTA
BEING A RESOLUTION APPROVING THE ELIMINATION OF
PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 2-4
WITHIN THE NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2
OF THE CITY OF EAGAN.
W~IEREAS, on February 19, 2002, the City of Eagan (the "City") created its Tax Increment
Financing District No. 2-4 ("District No. 2-4") within the Northeast Eagan Development District No. 2
(the "Project"); and
WHEREAS, District No. 2-4 included the following parcels (the "parcels") which were
previously certified in District 2-4:
Parcel Numbers as Adopted in Parcel numbers after Plat
TIF 2-4 in 2008
100020001026
100020002025
100020002026
100020003025
100020003026
100020003032
100020004025
100020004026 10-14570-011-01
100020004032
100020005025
100020005026
100020005032
100020006025
100020006032
100020007025
100020007032 100020007032
100020001031 100020001031
100020001029 100020001029
100020002029 100020002029
105332008000 105332008000
105332008100 105332008100
105332008200 105332008200
105332007100 105332007100;and
WHEREAS, the City (AUTHORITY) desires by this resolution to cause the elimination of the
parcels within District No. 2-4 thereby reducing the size of District No. 2-4; and
~`-~
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan that the
parcels are hereby eliminated from District No. 2-4 and the City's staff shall talce such action as is
necessary to notify the County Auditor of the reduction in the geographic area of District No. 2-4 caused
by the elimination of such parcel.
DATED: February 17, 2009
Mayor
ATTEST:
City Administrator
(Seal)
~~
Agenda Memo
February 17, Regular City Council Meeting
P. APPROVE renewal of a one-year contract with Lifeworks Services Inc. for
the_provision of limited .ianitorial services in desi~nated park buildings, and
authorize the Mavor and City Clerk to egecute the appropriate documents.
ACTION TO BE CONSIDERED:
Approve the renewal of a one year contract with Lifeworks Services Inc. for the
provision of limited janitorial services in designated park buildings, and authorize the
Mayor and City Clerk to execute the appropriate documents.
FACTS:
• Lifeworks provides unskilled employment opportunities for physically and
mentally challenged adults.
• The City of Eagan has contracted annually with Lifeworks Inc for the past 16
years to provide limited janitorial services, on a variable part-time basis, at park
buildings designated by City staff. The efforts of Lifeworks are intended to
supplement City staff.
• The "Not to Exceed" contract total of $1,898 for 2009 has been incorporated into
the approved 2009 Parks and Recreation Department operational budget. This
represents an increase of 0% from 2008.
• Lifeworks provides an on-site supervisor, insurance and assumes liability for its
staff.
• The contract may be canceled by either party when appropriate notice has been
given to the other party.
ATTACHMENTS:
None
~~
Agenda Information Memo
February 17, 2009, Eagan City Council Meeting
Q. APPROVE NEGOTIATED ALLOCATION OF VIDEO SERVICE HOURS
TO THOMSON REUTERS IN LIEU OF E-TV RENT
ACTION TO BE CONSIDERED:
To approve an agreement between the City of Eagan and Thomson Reuters for a
negotiated number of hours of internal video services by Eagan Television staff in lieu of
rent.
FACTS:
• On July 15, 2008, the Eagan City Council approved a Memorandum of
Understanding with Thomson Reuters to locate Eagan's community television
(public access) studio on the corporate campus of Thomson Reuters (TR).
• The agreement called for TR to build out the studio spaces at its cost, and-in lieu
of rent for Eagan Television (E-TV) to provide a negotiated number of hours of
internal video services to TR.
• That negotiation has now occurred and the City has agreed for E-TV staff to
provide up to 1,300 hours annually of internai video services in lieu of rent.
• Video services includes such things as video shooting, editing, TV studio work,
and post-production graphics that E-TV staff are well equipped to provide during
the daytime hours which is not the peak public access usage time.
• The terms also include $1,000 a month for utilities and duplication and other
graphic service needs.
~ The agreement also provides for quarterly review by both parties to ~nake sure
expectations are met and if any subsequent tweaks or adjustments are necessary.
ATTACHMENTS:
• None
J ~
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
February 17, 2009
A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
1. Approve EDA Minutes
D. OLD BUSINESS
1. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Consider
Discontinuation of District
E. NEW BUSINESS
F. OTHER BUSINESS
G. ADJOURN
Agenda Information Memo
Eagan Economic Development Authority Meeting
February 17, 2009
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.
• MINUT S- The minutes of the February 3, 2009 EDA meeting are enclosed on
pages
~~
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
February 3, 2009
A meeting of the Eagan Economic Development Authority was held on Tuesday,
February 3, 2009 at the Eagan Municipal Center. Present were President
Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Tilley and
Commissioner Hansen. Also present were Executive Director Hedges,
Community Development Director Hohenstein and City Attorney Dougherty.
ADOPT AGENDA
Commissioner Tilley, Commissioner Bakken seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
CONSENT AGENDA
Commissioner Bakken moved, Commissioner Tilley seconded a motion to
approve the Consent Agenda as presented. Aye: 5 Nay: 0
1. It was recommended to approve the minutes of the January 6, 2008 EDA
meeting as presented.
OLD BUSINESS
There were no Old Business items.
NEW BUSINESS
PUBL.IC HEARING FOR RESOLUTION TO SUBMIT MINNESOTA
INVESTMENT FUND APPLICATION FOR BIOTHERA EXPANSION
Community Development Director Hohenstein discussed the proposed use of
DEED Minnesota Investment Fund financing for Biothera's expansion.
Steven Karel discussed the proposed expansion of Biothera.
Councilmember Fields moved, Councilmember Hansen seconded a motion to
close the public hearing and approve a resolution authorizing execution of a
Minnesota Investment Fund Application for expansion of Biothera at 3388 Mike
Collins Drive. Aye: 5 Nay: 0
"~'
ORGANIZATIONAL BUSINESS
President Maguire moved, Commissioner Fields seconded a motion to appoint
the following as officers for 2009. Aye: 5 Nay: 0
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
OTHER BUSINESS
There were no Other Business items.
ADJOURNMENT
President Maguire moved, Commissioner Bakken seconded a motion to adjourn
the meeting at 7:25 p.m.
Date
Thomas Hedges, Executive Director
~
Agenda Memo
Eagan Economic Development Authority Meeting
February 17, 2008
1. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT -
DISCONTINUATION OF DISTRICT
ACTION TO BE CONSIDERED: To direct the preparation of a resolution and
findings of fact for the discontinuation of the Southeast Eagan Redevelopment TIF
District.
FACTS:
• The City authorized the creation of the Southeast Eagan Renewal and Renovation
District on May 16, 2006 to provide a funding mechanism to assist with the
extraordinary costs associated with the assembly and redevelopment of properties
in the area of Red Pine Lane and Biscayne Avenue.
• The boundaries of the district are defined by lot lines created by the Red Pine
Crossing subdivision. That being the case, the TIF Plan cannot be accepted by
Dalcota County for certification until the subdivision is recorded. Revestors, the
developer of Red Pine Crossing, has requested several extensions for recording of
the subdivision, while they pursue the anchor tenant for the development. The
extensions have been given to permit the developer time to secure an anchor
grocery tenant and in consideration of the effects of the credit and development
markets on the project.
• Despite these factors, City staff has advised the developer of the need to take
these steps in a timely manner.
• Ehlers and Associates and the City's bond counsel have researched the potential
effect of a substantial delay between the approval of a TIF district and its
certification. Their conclusion is that a future TIF audit may raise concerns if too
substantial an amount of time has passed between the original approval of a
district and its ultimate certification to the County. Unless the final subdivision is
approved at this time and recording is completed in the near future, certification
of the district could be as much as three years after the original certification date.
• The most recent extension of the timeline for approval of the final subdivision
occurred on December 16, 2008, at which time the Council set a deadline of
February 17, 2009, by which time the developer was to have submitted all
documents necessary in order to permit the subdivision to be recorded and the
district to be certified.
• The lone remaining item outstanding at the time of packet preparation is the
development letter of credit. The developer has indicated that the closing for the
LOC is scheduled for the morning of February 17.
ATTACHMENTS: ,~.
• Location map on page_~
" 1" ~"
Eagan Boundary
a Right-of-way
~ Parcel Area
~ Park Area
~ ~ Building Footprint
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a
1000 0 ~000 2000 Feet
Southeast Eagan TIF' District
~ N
CI~~ O~ LQ~I(111 THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
community neveiopment oepanment not responsible for errors or omissions. ~
Agenda Information Memo
Eagan Economic Development Authority Meeting
February 17, 2009
F. OTHER BUSINESS
There is no other business to come before the EDA at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED: To adjourn the Economic Development
Authority meeting.
~~