06/16/2009 - City Council Regular
AGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
JUNE 16, 2009
6:30 P.M.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
P 1 A. Dorothy Peterson - Service to the Advisory Parks Commission
B. Recognize Showcase Eagan Event
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be
D~ pulled for discussion)
A. APPROVE MINUTES
e M B. PERSONNEL ITEMS
4 tD C. APPROVE Check Registers
(1 D. APPROVE 2009 - 2010 Massage Therapy Establishment License renewals
f Id E. APPROVE 2009 - 2010 Amusement Device License renewals
~,13 F. APPROVE 2009 - 2010 Body Art Establishment License renewals
P G. APPROVE Tree Maintenance Contractor License for Castle Rock Contracting an Tree Service LLC
H. APPROVE Fireworks Permit for RES Specialty Pyrotechnics Inc. and waive the license fee as requested by
D the July 4th Funfest Committee
1 •~0 I. APPROVE off-sale liquor license for SUPERVALU, Inc., dba Cub Liquors, 1016 Diffley Road, Suite 800
-PdI J. RETAIN consultant to complete a Comprehensive User Rate Study for Water, Sanitary Sewer, Storm
Drainage / Water Quality, and Street Lighting Utility Rates
P QK. APPROVE amendment to Development Deposit Agreement with Revestors for Red Pine Crossing regarding
timing of payment of fees
19c* L. APPROVE extension for Preliminary Subdivision of Sammy Sweet Cheeks
f a9 M. MODIFICATION of conditions of approval for Home Depot's Planned Development Amendment
.f Ll N. APPROVE sponsorship for Halloween Hodgepodge from Genisys Credit Union.
,P O. APPROVE sponsorship for Market Fest from Rasmussen College.
P.33 P. APPROVE sponsorship for Eagan Market Fest from Thisweek Newspapers and Thisweek Live
.p.3cfQ. AUTHORIZE the preparation of specifications and advertisement for bids for replacement treadmills for the
Eagan Community Center.
Q R. Item Removed
S. AWARD Bid for Contract 09-11 (Traffic Signal Painting)
.37 T. APPROVE Change Order No. 1, Contract 09-01 (City-Wide Street Overlays)
3& U. APPROVE Purchase Agreement for the acquisition of domain name
-Q 1 V. 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT
VI. PUBLIC HEARINGS
VII. OLD BUSINESS
10. L{-C) A. AMENDMENT to 2009 General Fund Operating Budget
VIII. NEW BUSINESS
A. ORDINANCE AMENDMENT - Chapter 10, Section 10.11, Subd. 7(C) Potentially Dangerous or Dangerous
Dogs
IX. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE
X. ECONOMIC DEVELOPMENT AUTHORITY
A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
D. OLD BUSINESS
E. NEW BUSINESS
Pc I 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve updated Scope of Service for AUAR Update
by SRF Consulting
F. OTHER BUSINESS
G. ADJOURN
XI. ADMINISTRATIVE AGENDA
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. CLOSED SESSION
XIV. ADJOURNMENT
A City of Eaaali In
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 12, 2009
SUBJECT: AGENDA INFORMATION FOR JUNE 16, 2009 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the June 16, 2009 City Council agenda, the following items are in
order for consideration.
l
Agenda Memo
June 16, 2009 City Council Meeting
RECOGNITIONS AND PRESENTATIONS
A. RECOGNITION of Dorothy Peterson for service to the Advisory Parks Commission.
ACTION TO BE CONSIDERED:
Recognize Dorothy Peterson for her nine years of volunteer service to the Advisory Parks
Commission.
FACTS:
• Dorothy Peterson has been an active member of the Advisory Parks Commission since
2000.
• During her nine years on the APrC she served one year as secretary, 4 years as Vice
Chair and led the Commission as the Chair from 2006-2009.
• Several projects that occurred during Dorothy's service on the APrC include:
1. Patrick Eagan Park Master Plan
2. 20/20 Vision - Park System Plan
3. Holz Farm Master Plan
4. Central Park Master Plan and Community Center construction
5. Grandfather tree moving project
6. Acquisition, development and naming of Thresher Fields (North Park)
7. Implementation of Tree mitigation fund policy
8. Design and construction of a skate park, bike park and disc golf course
9. Master plan and development of Moonshine Park
10. Implementation of Eagan Art House and programs under the umbrella of P&R
11. Alternative funding considerations to replace park dedication fees
12. Study of Eagan Core Greenway and green space initiatives
13. Annual review of Parks and Recreation CIP projects
14. Annual review of fees and charges
15. Hundreds of development proposals reviewed for parks, trails, forestry and water
quality compliance.
• Prior to her 9 years of volunteer service on the APrC, Dorothy worked in the Parks and
Recreation Department. She started full time in 1981 after demonstrating her leadership
expertise in recreation programming on a part time basis.
• Dorothy retired from the City of Eagan in 1999.
ATTACHMENTS:
• None.
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
III. RECOGNITIONS AND PRESENTATIONS
B. Recognize Showcase Eagan Event
ACTION TO BE CONSIDERED:
Recognize the Showcase Eagan (Staff) Coordinating Committee for a successful 2009
Showcase Eagan event.
FACTS
• The biennial Showcase Eagan event was held June 4, 2009, both outside and inside
the Eagan Civic Arena.
• The event involved 40 different community groups and every City department in a
tradeshow-environment for Eagan residents to discover all there is to do and join in
Eagan, and for citizens to interact with City staff and understand City services.
• More than 1,200 Eagan residents attended and 100% of the community groups
surveyed afterwards said they would participate again.
• The event was first begun in 2007 to address survey results in 2005 which showed
that although 95% of Eagan residents felt the quality of live in Eagan was excellent or
good, the 5% who did not, tended to be new residents and apartment dwellers who
were perhaps not yet as connected to their community.
• While open to all residents, special efforts are made with apartment managers and
new residents (as identified by new water hookups) to invite them to participate.
• In 2008, following the 2007 Showcase, approval ratings rose three points. 98% of
residents rated the quality of life as excellent or good.
• 18 City staff, representing all City departments, planned the June event, beginning in
February.
• On behalf of the entire planning committee, Co-Chairs of the event, Communications
Director Tom Garrison and Community Development Office Supervisor Sarah
Brandel, are present this evening.
• They would be happy to answer any questions about this year's event or receive
feedback for the next Showcase Eagan to be held in 2011.
ATTACHMENTS:
• None.
3
Agenda Information Memo
June 16, 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 June 2, 2009 regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes o the June 2, 2009 regular City Council meeting are enclosed on pages
through
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 2, 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. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, June 2, 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 Jon
Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty
and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted that there will be a Closed Session to discuss pending litigation.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the May 19, 2009 regular City Council meeting and
the Tuesday, May 12, 2009 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of a person to be named as Skate School
coordinator.
2. It was recommended to accept the resignation of Joshua Berndtson, Custodian at the
Community Center and authorize his replacement.
3. It was recommended to accept the resignation of Police Officer Paul Tupy and authorize his
replacement.
4. It was recommended to approve the hiring of Thomas Schellinger as a seasonal street
maintenance worker.
5. It was recommended to approve the hiring of Craig Spande, Kevin Stevenson and Joshua
Garcia as seasonal park laborers.
6. It was recommended to approve the hiring of Andrew Koppang, Robert Edwards and
Matthew Carchedi as seasonal ballfield attendants.
7. It was recommended to approve the hiring of Richard LeMay as a seasonal park attendant.
8. It was recommended to approve the hiring of Andy Barry as a seasonal part-time Building
Attendant III at the Civic Arena.
9. It was recommended to approve the hiring of summer seasonal staff for Recreation.
C. It was recommended to ratify check registers dated May 14, 2009, and May 21, 2009 as presented.
D. It was recommended to approve a license for Sara Padrnos to operate a Massage Therapy
Establishment (Massage Solutions) at 3348 Sherman Court, Unit 103.
E. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as
it relates to the screening of building and ground-mounted mechanical equipment.
F. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for
Heritage of Highview, consisting of four single-family lots on approximately 1.7 acres on properties
located at 1416 and 1420 Highview in the SE % of Section 04.
City Council Minutes
June 2, 2009
Page 2
G. It was recommended to award Contract 09-12 (Diffley and Rahn Road - Intersection / Roundabout
Improvements) to Max Steininger, Inc., for the base bid of $958,813.31 and authorize the Mayor and
City Clerk to execute all related documents.
H. It was recommended to approve the plans and specifications for Contract 08-13 (Sibley Terminal
Industrial Park Storm Drainage Improvements) and authorize the advertisement for a bid opening to
be held at 10:30 a.m. on Thursday, July 16, 2009.
1. It was recommended to approve specific additions and modifications to the '09-10 Winter Trail
Maintenance Program as endorsed by consensus at the May 12 Council Workshop.
J. It was recommended to authorize staff to issue a building permit for the Cedar Grove Transit Station
prior to the recording of the final plat for the property.
K. It was recommended to adopt a Resolution approving a Premise Permit for Eagan Hockey
Association to conduct a pull-tab operation at Ansari's Restaurant located at 1960 Rahn Cliff Court.
PUBLIC HEARINGS
There were no Public Hearings.
OLD BUSINESS
There were no Old Business items.
NEW BUSINESS
CONDITIONAL USE PERMIT AND FINAL PLAT - LAFARGE NORTH AMERICA
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow
outdoor storage of trucks, tractor trailers and equipment located at 855 Apollo Road. City Planner Ridley
gave a staff report.
The applicant was present and available to answer questions.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of trucks, tractor trailers and equipment located at 855 Apollo Road,
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. Fencing shall be provided to screen the outdoor storage from public right-of-way per the plan
received April 30, 2009.
3. The outdoor storage shall be limited to the items identified on the Site Plan received April 30,
2009, and storage shall occur in the designated parking areas as indicated on the Site Plan
received April 30, 2009.
4. The applicant shall plat and record the properties under common ownership to achieve a
minimum of 35% green space by October 1, 2009.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Final Plat (Eagan
Materials Terminal Filing No. 1) to create one lot on approximately 5 acres located at 855 Apollo Road.
Aye: 5 Nay: 0
PLANNED DEVELOMENT AMENDMENT - THE HOME DEPOT
City Administrator Hedges introduced this item regarding a Planned Development Amendment to modify
the permitted size, location , type and duration of outdoor displays, to extend the duration of seasonal
sales, and to allow an 8' fence height enclosure of the seasonal sales area on property at 3220 Denmark
Avenue. City Planner Ridley gave a staff report.
10
City Council Minutes
June 2, 2009
Page 3
Russ Brinkman, Regional Manager of Home Depot, stated he and The Home Depot are in favor of
making the seasonal sales area permanent for aesthetic and operational reasons. He further stated he
would appreciate a longer time period for seasonal sales from within the new permanent structure.
A discussion was held and it was the consensus of the Council that year around sales could take place
within the expanded permanent outdoor sales area.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to modify the permitted size, location, type and duration of outdoor displays, to
extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales
area on property at 3220 Denmark Avenue (L1 B1, Lexington 2nd Addition) subject to the following
conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder's office.
2. Dead and diseased, damaged or missing landscape plantings shall be replaced by June 30,
2009.
3. The outside display areas shall be delineated with paint markings on the pavement consistent
with the Site Plan dated May 12, 2009.
4. The expanded outdoor sales area shall be reconfigured not to exceed 9.600 square feet as
shown on the Site Plan dated May 12, 2009.
5. The fence enclosing the expanded outdoor sales area shall not exceed 8' in height. Items placed
in the area shall not exceed the height of the enclosure.
6. Prior to its use for sales in 2010, a permanent enclosure shall be constructed for the expanded
outdoor sales area. The enclosure shall be architecturally compatible with the existing garden
center utilizing brick pillars and decorative fencing.
7. Pre-built sheds shall be displayed inside the garden center or the fenced expanded outdoor sales
area. Three assembled sheds may be displayed and shall not exceed 120 s.f.
8. All signage shall meet City Code requirements.
9. All pallets shall be relocated to inside the fenced expanded outdoor sales area or inside the
garden center area.
10. The site shall be kept in a neat and orderly manner and the display of items shall not interfere
with pedestrian safety, vehicular movement, emergency access and existing business activities.
11. This Amendment is intended to supplement and amend the Final Planned Development
Agreement as it pertains to specific standards for outside display and seasonal sales. All other
conditions in the Final Planned Development Agreement shall remain in effect.
5 YEAR CIP - PART III, PUBLIC WORKS INFRASTRUCTURE (2010 - 2014)
City Administrator Hedges introduced this item regarding the 5-year Capital Improvement Plan for Public
Works Infrastructure, Part III (2010-2014). He noted that the City Council had reviewed and discussed the
proposed CIP at their May 12 Special City Council meeting. Public Works Director Colbert presented a
brief overview of the plan.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the 5-year
Capital Improvement Plan for Public Works Infrastructure, Part III (2010-2014) and authorize the initiation
of the public improvement process for the 2010 programmed improvements. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
7
City Council Minutes
June 2, 2009
Page 4
ADMINISTRATIVE AGENDA
1. Director of Public Works Colbert discussed the Federal Transportation Funding Program.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt Resolutions supporting
Federal Transportation Funding applications and authorize the Mayor and City Clerk to execute all related
documents. Aye: 5 Nay: 0
2. Director of Public Works discussed the possibility of retaining a firm to conduct a utility audit.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the retention of
Troy and Banks, Utility Telecommunications Consultants, to perform a Utility Audit on behalf of the City of
Eagan and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:25
p.m.
Date Administrative Secretary / Deputy Clerk
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Approve hiring of full time Skate School Coordinator at the Civic Arena
ACTION TO BE CONSIDERED:
To approve the hiring of Amy Vorhaben as Skate School Instructor, replacing former Skate
School Instructor who resigned September 2008.
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated May 29, 2009 and June 4, 2009 as presented.
ATTACHMENTS:
• Check registers dated May 29, 2009 and June 4, 2009 are enclosed without page number.
16
Agenda Memo
June 16, 2009
City Council Meeting
CONSENT AGENDA:
D. 2009 - 2010 Massage Therapy Establishment License Renewals
ACTION TO BE CONSIDERED:
Approve 2009 - 2010 license renewals for the following massage therapy establishments:
• The Bodywork Studio, 3352 Sherman Court #103
• Solimar Wellness Spa, 1121 Town Centre Drive
• Lifetime Fitness, 1565 Thomas Center Drive
• Keep In Touch Massage, 3424 Denmark Avenue
• Tranquility For You, 1960 Cliff Lake Road, Suite 124
• Cole's Salon, 2131 Cliff Road
• Affordable Therapeutic Massage, 4120 Lexington Way, Suite 170
FACTS:
• The above massage therapy establishments have applied for renewal of their licenses for
2009 - 2010.
• All requirements of the application have been met and staff deems them in order for
approval.
• There are currently 13 licensed establishments in the City, therefore I am anticipating
more renewal applications to be submitted prior to the June 30 expiration.
ATTACHMENTS:
• None. The renewal applications are available for review in the Administration
Department.
1I
Agenda Memo
June 16, 2009
City Council Meeting
CONSENT AGENDA:
E. 2009-2010 Amusement Device License Renewals
ACTION TO BE CONSIDERED:
Approve 2009 - 2010 amusement device license renewals for the following:
• Coinstar Entertainment Services (devices at both Cub Food locations)
• Theisen Vending (devices at Holiday Inn Express and Cedarvale Bowl)
• Awe Vending and Amusement (devices at Piccolo's Pizza)
FACTS:
• The above companies have applied for renewal of their amusement device licenses for
2009 - 2010.
• All requirements of the applications have been met and staff deems them in order for
approval.
ATTACHMENTS:
None. The applications are available for review in the Administration Department.
is
Agenda Memo
June 16, 2009
City Council Meeting
CONSENT AGENDA:
F. 2009-2010 Renewal for Body Art Establishment
ACTION TO BE CONSIDERED:
Approve 2009 - 2010 license renewal for Leroy Jones, The Canvas Tattoo Studio II,
4130 Blackhawk Road, Suite 113.
FACTS:
• Leroy Jones has applied to renew the Body Art Establishment License for The Canvas
Tattoo Studio II located at 4130 Blackhawk Road, Suite 113.
• This body art establishment has been in operation since December of 2008.
• The license period runs from July 1 to June 31.
• All requirements of the application have been met and staff deems the license renewal in
order for approval.
ATTACHMENTS:
None. The application is available for review in the Administration Department.
13
Agenda Memo
June 16, 2009
City Council Meeting
CONSENT AGENDA:
G. Tree Maintenance Contractor License for Castle Rock Contracting & Tree Service
ACTION TO BE CONSIDERED:
Approve Tree Maintenance Contractor License for Castle Rock Contracting & Tree
Service, 4455 280th Street West, Castle Rock
FACTS:
• Perry Collins has applied for a tree maintenance contractor license on behalf of Castle
Rock Contracting & Tree Service.
• All requirements of the application have been met and staff deems the license in order for
approval.
ATTACHMENTS:
None. The application is available for review in the Administration Department.
I4
Agenda Information Memo
June 16, 2009, Eagan City Council Meeting
H. APPROVE FIREWORKS PERMIT FOR RES SPECIALTY PYROTECHNICS
INC. AND WAIVE THE LICENSE FEE AS REOUESTED BY THE JULY 4TH
FUNFEST COMMITTEE
ACTIONS TO BE CONSIDERED:
To approve the fireworks permit for RES Specialty Pyrotechnics Inc. and waive the license fee as
requested by the July 4th Funfest Committee.
FACTS:
? The July 4th Funfest Committee, along with the City of Eagan, is sponsoring the July 4th
fireworks display.
? RES Specialty Pyrotechnics, Inc. has applied for the fireworks permit and it has been
deemed in order by the City's fire chief and fire marshal.
? The July 4th Funfest Committee is requesting that the $100.50 permit fee be waived.
ATTACHMENTS (2):
Fireworks permit enclosed on pagesl Lp through
Letter requesting fee be waived from July 4th Funfest Committee enclosed on page
/s
FROM :RES FAX NO. :9528732859 May. 29 2009 10:56AM P2
1 Pr4rillif
Pormlt Foe:
City of p
3830 Pilot Knob Road MAY 2 9 2009
'Eagan MN 55122 Date Received:
Phone: (651) 675-5675 Fax: (651) 675-5694 staff:
2009 FIREWORKS / PYROTECHNICS APPLICATION
ADpilcatlon must be completed and returned al legal 15 days prior to date of display and Include:
• Proof of a $1,000,000 Bond or Carlifirala of lnt;urrrnca.
• A diagram of the ground, or indoor display facilities, drawn to scale or with di' arse:inns included, illustrating the point at which the
firoworks/pyrolochnic special effects are to be discharged; location of ground pieces; location of all buildings, highways, streets, communication lines
and othor possible overhead obalruciinns; and [fit- lines behind which the audience will he restrained. For proximate audience (e.g. indoor displays),
Ih.4 diagrarn must also include the fallout radius for each pyrotechnic device used during the display.
• Names and agcs of all assistants participating in the display.
• Pyrotochnics plan-requires: Certifications Ihgl are set, scenery, and rigging materials are inherently flame-rctardant or havo boon treated to achieve
flame retardancy. (NFPA 1126: 4-3,2)
Date of Display: July 4th. 2009 Time of Display: i 10:00 EM
Display Address: Fin Cbtnuiity mac
APPLICANT / Name: C i t y of E E a 4th of t ily (hmrittre Phune:-
SPONSORING
ORGANIZATION Address / City / Zip: 383O .Pi lr t 1 rh W uj 4 t"N 55122
AUTHORIZED Name:ecfalty Trtc_ Phone: 952-873113
AGENT Psgitgdmics
Address / City / Zip:_ -21595 286th Sbnat. T11 P1a;ro, j 56011
SUPERVISING Name: F tr Hwan Certificate Number: B0199
OPERATOR `
Mariner & place of storage of fireworks / pyrotechnic special effects prior to display, N/A Elliv fi t$y_ c Sklo J
Typo of fireworks / pyrotechnic special effects prior to display: `'Att. Lim
Typo. of fireworks / pyrotechnic special effects to be discharged: awe AttachEd List
Quantity:
Permit Fee: .I 1Q includes $.50 state surcharge)
*If a fire watch is needed, an additional fee will be assessed in accordance with the City's foe schodulo
The State of Minnesota requires that this display be conducted under the direct supervision of a pyrotechnic operator
certified by the State Fire Marshal.
I,Y understand and agree to comply with all provisions of this application and the
r cents of ih iss bi%iq autho ty, and will ensttro that the fireworks/pyrotechnic spacial effects are discharged in a manner that will not
1U er 'sons p c or nstitutc an i
5/29/09
j X Date: x
Applicant /Agent
Discharge of ti listed fireworks on the date and above location is hereby approved subject to the following conditions, if any:
Date:
Fl Chief / ire Marshal
FROM :RES FAX NO. :9528732859 May. 29 2009 10:56AM P3
Sl I
Applicant instructions:
1. This application must be completed and returned at least 15 days prior to date of display.
2. Fee upon application is and must be made payable to City of Eagan.
Name of applicant (Sponsoring Organization): Eagan 4th of July Committee, City of Eagan
Address of applicant; 3830 Pilot Knob Road, Eagan, MN 55122
Name of authorized agent of applicant: RES Specialty Pyrotechnics Inc.
Address of agent: 21595 286th Street, Belle Plaine, MN 56011
Telephone number of agent: 952-873-3113
Date of display: July 4th 2009 Time of display: approx. 10:00 PM
Location of display: Eagan Community Conter
Manner and place of storage of fireworks/pyrotechnic special effects prior to display: NIA - Delivered
Day of Show.
Type & number of fireworks/pyrotechnic special effects to be discharged: See Attached List
Minnesota State law requires that this display be conducted under the direct supervision of a
pyrotechnic operator certified by the State Fire Marshal.
Name of supervising operator: Erv Haman Certificate B0199
I understand and agree to comply with all provisions. of this application and the requirements of the issuing
authority, and will ensure that the fireworks/pro. special effects are discharged in a manner that will not
IN ,
titute n an
endanger persons or prope y or
Signature of applicant (or age ate of application: 5129/09
Required attachments; The following attachments must be included with this application:
1. Proof of a bond or certificate of insurance in the amount of at least $1,000,000.00
2_ A diagram of the grounds. or facilities (for indoor displays), et which the display will be hold. This diagram (drawn to scale or with
dimonslons Included) must show the point at which the fireworks/pyrotechnic special effects are to be discharged; the location of ground
pieces; the location of all hiiildings, highways, streets, communication lines and other possible overhead obstructions: and the lines
behind which the audience will he restrained. For proximate audience (e.g. indoor) displays, the dlagrarri must also show the fallout
radlus for each pyrotechnic device used during the display.
3. Names and ages of all assistants that will he participating in the display.
The discharge of the listed fireworks on the date and at the location shown on this application is hereby
approved, subject to the following conditions, ' any: _ ,
Signature of fire chief/county sheriff. _ Date:_ - -0
Signature of issuing authority: Date:
17
FROM :RES FAX NO. :9528732859 May. 29 2009 10:57AM P4
City of. Eagan
July 411', 2009
Lead Technician DUB License #
Erv Hani,an 9/17/49 B0199
Assistants
Dan Palmer 7/10/79 n/a
Paul Haman 5/1/80 n/a
Bun Raby 3/6/77 n/a
Jon Slavi.k. 1]/10/82 n/a
Product List
3" Shells 130
4" Shells 100
5" Shells 44
Multi Shot Cakes 4
EAGAN'S
July 4th FUNFEST
www.eaganfunfest.com
June 11th 2009
City of Eagan
Permits and Licensing
To whom it may concern,
Thank you to the City of Eagan for their continual support of the Funfest Event
and our Committee.
We are placing a written request, asking the fee associated with our firework
pyrotechnics, please be waived for the Eagan July 4th Funfest Fireworks display.
The Fireworks display is scheduled for 10:00 pm Saturday, July 4th, 2009. Please
advise our Chairman, Raleigh Seelig of your decision on this matter.
You may contact Raleigh:
Phone: 651-452-4669
Funfest office address: 1774 Bluestone Drive Eagan, MN 55122
E-mail: r.Seelig@comcast.net
Thank you for your attention to our request.
Sincerely,
Cory Hilden
Secretary
th Eagan's July 4 Funfest
1/
Agenda Information Memo
June 16, 2009, Eagan City Council Meeting
1. APPROVE OFF-SALE LIQUOR LICENSE FOR SUPERVALU, INC.,
DBA CUB LIQUORS, 1016 DIFFLEY ROAD, SUITE 800
ACTION TO BE CONSIDERED:
To approve the off-sale liquor license for SUPERVALU, Inc., dba Cub Liquors, 1016 Diffley
Road, Suite 800.
FACTS:
? An off-sale liquor license has been applied for by SUPERVALU, Inc. The officers of the
corporation are as follows: Michael Jackson, President; John Breedlove, Vice President;
Rachael Friedenberg, Assistant Secretary and John Boyd, Treasurer.
? The off-sale liquor store will be located in the Diffley Marketplace retail center.
? Eduard Fisher, owner of Amber Liquor, has expressed concerns to staff about the opening
of this store given the proximity to his off-sale liquor store located at 4250 Lexington
Avenue South. As requested, Kory Krause, with MGM Wine and Spirits and spokesperson
for the Association of Eagan Liquor Stores, was also notified about the June 16 Council
meeting.
? All required documents have been submitted, reviewed and deemed in order by City staff
and the Police Department.
ATTACHMENTS (0):
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
J. Retain consultant to complete comprehensive user rate study for water,
sanitary sewer, storm drainage, water quality and street lighting utilities.
ACTION TO BE CONSIDERED:
To retain Springsted, Inc. to complete a comprehensive user rate study for water, sanitary
sewer, storm drainage, water quality and street lighting utilities.
FACTS:
• State Statutes § 103G.291 subd. 4 mandates that cities implement a water
conservation rate structure by January 1, 2010. The law states the rate structure
must encourage conservation and may include increasing block rates, seasonal
rates, time of use rates, individualized goal rates, or excess use rates.
• Additionally, a long-term financing source for water quality projects such as rain
gardens has not been established, and funding for such projects through water
quality user rates can be evaluated through the study.
• For at least the past 15 years, utility rates have been calculated internally by staff.
• The City issued an RFP for the rate study in May. Six firms responded: two
financial advisors, two utility rate specialists, one engineering consultant, and one
accounting and consulting firm.
• Proposals ranged in cost from $25,000 to $87,000.
• A staff panel comprised of Public Works Director Colbert, Chief Financial
Officer Pepper, and Accountant Ryan Stevens evaluated the proposals and
selected three firms as finalists for interviews.
• Interviews were conducted on June 10 and it is the panel's unanimous
recommendation that Springsted, Inc. be retained for the study at a not-to-exceed
cost of $39,650.
ATTACHMENTS:
• None.
6L)
Agenda Memo
Eagan City Council Meeting
Consent Agenda
June 16, 2009
K. APPROVE amendment to Development Deposit Agreement with
Revestors for Red Pine Crossing regarding timing of payment of fees
ACTION TO BE CONSIDERED: To approve an amendment of the Development
Deposit Agreement with Revestors for Red Pine Crossing regarding timing of the
payment of the contract administration fee.
FACTS:
• The City approved a Planned Development and Preliminary Subdivision for the
Revestor's Red Pine Crossing development on April 4, 2006. The City also
authorized the creation of the Southeast Eagan Renewal and Renovation TIF
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 City cannot certify the TIF district to Dakota County until the Final
Subdivision is recorded. While there is no statutory provision defining the time
period between approval of a district and its certification, the City's development
consultant and bond attorney have advised that an issue may be raised in a future
audit of the district if the creation and certification are a substantial time apart. As
a consequence, the City has informed the developer that it is necessary to record
the subdivision to permit the district to be certified, if the district is to remain in
place.
• The City Council approved the Final Subdivision on October 17, 2006. It has
been extended a number of times since that date as the developer has been taking
the steps necessary to record the documentation. The executed Development
Deposit Agreement associated with the project calls for the payment of a contract
administration fee to cover City costs for overseeing site and public
improvements prior to the City's release of the mylars for recording.
• In consideration of the current financial market, the developer has asked that the
City consider collecting this fee at a date closer to the commencement of
construction on the project. Provided the appropriate documentation is in place,
that approach would be acceptable to City staff. The City Attorney has prepared
an amendment to the Deposit Agreement to that effect.
ATTACHMENTS:
• Location map on pages
• Amended Deposit Agreement on pages L1 through
a
Eagan Boundary
Right-of-way
Location Map Park Area Area
Building Footprint
• . .
1 ? • y 7a!!! y • f
¦ a . +.y
1 . s . . i
r a a ®sw
•
ti +
..r , . s
as , eTM • • ¦
~ a P` Z ® !
err v' ® . ® ® .
• d
Subject Site
It' - ~
LLLLLL
*
All
® ww~
1000 0 1000 2000 Feet
Development/Developer: Red Pine Crossing
Application: Development Deposit Agreement Amendment
Case No.:
a3 N
q THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E
~j ty of Ea u The City of Eagan and Dakota County do not guarantee the accuracy of this information and are
not responsible for errors or omissions. S
Community Development Department
AMENDMENT TO DEVELOPMENT DEPOSIT AGREEMENT
THIS AMENDMENT TO DEVELOPMENT DEPOSIT AGREEMENT ("Amendment")
is made and entered into this day of June 2009 by Revestors Group 4, L.L.C., a Minnesota
limited liability company (hereinafter "Developer and Owner").
WHEREAS, the Developer and Owner has applied to the City for approval of the plat
and subdivision known as "Red Pine Crossing;" and
WHEREAS, as part of the application process, the Developer and Owner were required
to enter into a Development Deposit Agreement dated December 21, 2005 (hereinafter the
"Deposit Agreement;") and
WHEREAS, under the terms of the Deposit Agreement, the Developer and Owner are
required to provide the full Contract Management Deposit of $14,760.00 prior to release of the
plat for recording; and
WHEREAS, the Developer and Owner has requested that the City authorize an initial
deposit of $2,500.00 and the balance of $12,260.00 to be provided by the Developer and Owner
prior to the issuance of the building permit or any additional work being performed at the
development; and
WHEREAS, the City is willing to approve the partial payment provided the Developer
and Owner enter into this Agreement.
NOW, WHEREFORE, the Developer and Owner agree as follows:
1. The Developer and Owner shall, contemporaneously with the execution of
the Agreement provide an initial deposit of $2,500.00.
2. Prior to obtaining a building permit or conducting any further work at the
development, the developer and owner shall provide the balance of
$12,260.00.
3. Except as modified herein, all of the terms of the Deposit Agreement
remain in full force and effect.
DEVELOPER AND OWNER:
REVESTORS GROUP 4, L.L.C., a
Minnesota limited liability company
By:
Its:
oC~
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2009, by the of Revestors Group 4,
L.L.C., a Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
(RBB: 206-24567)
2
Agenda Information Memo
June 16, 2009, Eagan City Council
L. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (SAMMY
SWEET CHEEKS)
ACTION TO BE CONSIDERED:
To approve a one-year extension of the Preliminary Subdivision approval for Sammy Sweet
Cheeks, consisting of two single-family lots on approximately 1.0 acre located at 2888 Sibley
Hills Drive.
FACTS:
? The City Council approved the Preliminary Subdivision on July 17, 2007.
? A one year extension was granted on July 1, 2008.
? The applicant is requesting a one-year extension at this time due to financial issues from the
current economic climate and employment changes.
? This request would extend the approval until July 17, 2010.
ATTACHMENTS (2):
Location Map, pagea_
Letter from Jeff Hill, pag
Eagan Boundary
N Right-of-way
Location Map Parcel Area
park Area
Building Footprint
F -_oil
p ter. .p.. + -1 f M s.up,
Subject Site _ r ' ° 1 ' r
e
`----~1li ~ ~ goat • i
Y o
will, g l
I y4® ~ b S
`oopE 0 I
t e'
~ d•
F t~+ a S ; d oe
19.
91
Y
• ' is e. ea I o
4f 0 to
4Y er Ay ® • ~ ~ t' 8
® li• ~ I 9 w ` ~ 0
44 4W*
C:::7
w lei
Z III r 111%
4° ~W
® y ® s
o. is
p wp?
® a po
all
loe
=son Ems
,e`i'~ f: Ara
1000 0 1000 2000 Feet
Development/Developer. 2888 Sibley Hills Drive
Application: Preliminary Subdivision
Case No.: 04-PS-07-05-07 a
7-
Map Prepared using ERSI ArcVtew 3.1. Parcel base map data provided N
by Dakota County Office of GIS and is current as of April 2005.
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
City of Eap W E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
community Develoement Department not responsible for errors or omissions.
MAY. 2 7 2009
May 27, 2009
RE: Sammy Sweet Cheeks Lot Division
Dear Councit Members and all concerned:
I am requesting another extension of time iu. rderxo file the division. I can burden
you with miry excuses as to why it has not been completed. The main reason is that I
have had fjpgaial issues do to current economic climate and employment changes. I
have been out d'town training and working for much of the past year and also had
numerous crises with family health matters. I now have the ability to complete the
division if granted an extension. I hope you look favorably upon this request and want
you to know that I am available in person or by phone if you desire further information.
Sincerely,
Jeffrey Hill
651-329-4639
sammysweetcheeks@ usfamily.net
Agenda Information Memo
June 16, 2009, Eagan City Council Meeting
M. MODIFICATION OF CONDITIONS OF PD AMENDMENT APPROVAL -
THE HOME DEPOT
ACTIONS TO BE CONSIDERED:
To approve a modification of the conditions of approval related to outside displays for the
Planned Development Amendment for Home Depot located at 3220 Denmark Avenue to
reinsert condition #3.
REQUIRED VOTE FOR APPROVAL: At least three votes
FACTS:
? At the Council meeting on June 2, 2009, Home Depot received approval of a PD
Amendment related to seasonal outdoor sales and outdoor displays.
? As a part of the action, the Council amended the conditions of approval to take into
account the fact that the applicant agreed to move from a temporary enclosure for the sale
of certain items in 2009 to a permanent enclosure for those items in time for the 2010
sales season.
? Upon further review of the action with Planning staff, it was noted that one of the
conditions that had been deleted, Condition #3, relative to the use of paint markings to
delineate the location of outdoor displays, actually related to the outdoor displays that are
expected to continue, separate from the new permanent enclosure, for such things as
propane storage and a limited number of plant racks.
? To ensure compliance with the size limits and permitted locations for the outdoor
displays that will continue, it is necessary to reinstate that condition.
ATTACHMENTS (IA.:
Location Map, page tfirettglr-
Eagan Boundary
Right-of-way
Location Map Parcel Area
Park Area
FV-A Building Footprint
L NMI
-
iam
amp a
mac.. i®
F
p e4
B~ 41
Subject Site
!Tr
g 6A
wE«n s .
9 #
it's
Fe
AA B®B ®A A® A®A A®A
1000 0 1000 2000 Feet
Development/Developer. Home Depot
Application: PD Amendment
Case No.: 10-PA-02-04-09
png q~j 30 N
City of Ealall THIS MAP IS INTENDED FOR REFERENCE USE ONLY The E
66 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.
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
N. APPROVE sponsorship for 2009 Halloween Hodgepodge event from
Genisys Credit Union.
ACTION TO BE CONSIDERED:
Accept a partnership contribution of $2,500 and 1,300 trick or treat bags from Genisys
Credit Union as a partner for the 2009 Halloween Hodgepodge event.
FACTS
• The Halloween Hodgepodge event has been a very successful evening for children of
all ages to enjoy the Halloween season at the Eagan Community Center.
• Genisys Credit Union approached the City of Eagan for opportunities to donate
money or supplies that would help enhance this popular event.
• Donation/sponsorship dollars were budgeted for 2009 to allow this community
program to be hosted by interested local partners.
• Genisys Credit Union will donate 1,300 trick or treat bags to be distributed to
participants along with a $2,500 cash contribution for the event.
ATTACHMENTS:
• None.
cl
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
0. APPROVE sponsorship for 2009 Eagan Market Fest event from
Rasmussen College.
ACTION TO BE CONSIDERED:
Accept a partnership contribution of $1,500, pedometers to be given away for Health &
Wellness Night and volunteer support from Rasmussen College as a partner for the 2009
Eagan Market Fest event.
FACTS
• The Eagan Market Fest has been a very successful growing community event hosted
at Central Park over the last few years.
• Rasmussen College approached the City of Eagan for opportunities to donate money,
supplies or volunteers that would help enhance this popular event.
• Donation/sponsorship dollars were budgeted for 2009 to allow this community
program to be hosted by interested local partners.
• Rasmussen College has asked to contribute $1,500, a limited number of pedometers
to be given away during the Health and Wellness Night of Market Fest as well as
volunteer support to help during the event.
ATTACHMENTS:
• None.
3D~
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
P. APPROVE sponsorship for 2009 Eagan Market Fest event from
Thisweek Newspapers and Thisweek Live.
ACTION TO BE CONSIDERED:
Accept an advertising sponsorship from Thisweek Newspapers and Thisweek Live for
the 2009 Eagan Market Fest event.
FACTS
• The Eagan Market Fest has been a very successful growing community event hosted
at Central Park over the last few years.
• Thisweek Newspapers and Thisweek Live approached the City of Eagan for
opportunities to partner with and/or sponsor the enhancement of this popular event.
• Donation/sponsorship dollars were budgeted for 2009 to allow this community
program to be hosted by interested local partners.
• Thisweek Newspapers and Thisweek Live will enter into a partnership agreement for
joint advertising for the summer long Market Fest event.
ATTACHMENTS:
• None.
33
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
Q. AUTHORIZE the preparation of specifications and advertisement for bids for
replacement fitness equipment for the Eagan Community Center.
ACTION TO BE CONSIDERED:
Authorize the preparation of specifications and advertisement for bids for replacement
fitness equipment for the Eagan Community Center.
FACTS
• Staff proposed the replacement of some tread mills, cross trainers and bikes in the
approved 2009 budget for the ECC fitness center.
• The estimated cost for the replacement tread mills is very close to the threshold
requiring formal competitive bids therefore specifications will need to be prepared
so that bids can be solicited.
• Once the bids have been received the Council will be asked to review them and
make a recommendation.
• The schedule for the bid process would be:
o Advertise - weeks of June 15 and 22
o Bids due - July 9
o Council action - July 21
o Delivery - September 1 (during shut down week)
• The budget currently provides for the purchase of this replacement fitness
equipment through renewal and replacement funds.
ATTACHMENTS:
• None.
Agenda Information Memo
June 16, 2009
S. CONTRACT 09-11, TRAFFIC SIGNAL PAINTING
ACTION TO BE CONSIDERED: Receive the bids for Contract 09-11 (City Owned &
Maintained Traffic Signals - Painting/Reconditioning) and award the contract to Hiller Bros
Const. for the Base Bid in the amount of $14,150.00, and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Contract 09-11 provides for the reconditioning and painting of City-owned and maintained
traffic signals located at the following intersections:
o TH 13 and Blackhawk Road
o TH 13 and Silver Bell Road
• On June 3, 2008, the City Council approved the 5-year Capital Improvement Plan for Public
Works Infrastructure, Part III (2009-2013) and authorized the initiation of the public
improvement process for the 2009 programmed improvements.
• On May 27, 2009, bids were received for this project. A copy of the bid summary is
enclosed.
• All bids have been reviewed for compliance with the bid specifications and accuracy on unit
price extensions and summations. The bid from Hiller Bros Const has been reviewed by the
Street Division and found to be the best value for the city and is in order for favorable
Council action.
ATTACHMENT:
• Bid Summary, page
~v
BID SUMMARY
Bidder: Bob Hiller - Hiller Bros. Construction, Inc.
250 N. Cordova Ave.
Le Center, MN 56057
TH 13 BLACKHAWK RD HILLER
TOTAL QUOTE
REMOTE PED PUSHBUTTON
STATION EA 1 $100.00
MAST ARM POLES EA 4 $1,800.00
SIGNAL HEAD (3 SECTION) EA 15 $1,875.00
PEDESTRIAN HEAD EA 6 $300.00
MAST ARM (20 FT TO 55 FT LIN
LENGTH) FT 185 $1,850.00
LUMINAIRE POLE AND ARM (TYPE
LD) EA 3 $450.00
TOTAL $6,375.00
TH 13 SILVER BELL RD. HILLER
TOTAL QUOTE
PEDESTAL POLES EA 2 $200.00
MAST ARM POLES EA 4 $1,800.00
SIGNAL HEAD (3 SECTION) EA 22 $2,750.00
SIGNAL HEAD (5 SECTION) EA 1 $175.00
PEDESTRIAN HEAD EA 6 $300.00
MAST ARM (20 FT TO 55 FT LIN
LENGTH) FT 210 $2,100.00
LUMINAIRE POLE AND ARM (TYPE
LD) EA 3 $450.00
TOTAL $7,775.00
GRAND TOTAL. 1 $14,150.00
3~
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
T. CONTRACT 09-01, CITYWIDE STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 09-01
(Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Contract 09-01 provides for the street improvements of-
• Lone Oak/ Waters Area (Streets - City Project 972)
o Washington Drive/ 81S` Street/ Federal Drive ( Project 974)
o Hampton Heights/ Stoney Point/ Blackhawk Glen (Project 980)
o Opperman Drive (Project 1001)
o Blue Gentian Road (Project 1003)
the trail improvements on Opperman Drive (Project 1001) and sidewalk
improvements on Federal Drive (Project 974).
• On March 16, 2009, the City Council awarded the base bid for Contract 09-01 for
these improvements.
• Change Order # 1 provides for the installation of a modular block retaining wall along
the new sidewalk adjacent to Federal Drive (Project 974). This wall was not
anticipated with the original contract but is needed to provide boulevard turf slopes
that can be maintained. It was determined that this was the more economical solution
as compared to acquisition of necessary slope easements and restoration of heavily
landscaped and fenced pool area from adjacent private property.
• The change order provides for a total ADD of $4,750.00 (0.28% 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.
37
Agenda Information Memo
Consent
Eagan City Council Meeting
June 16, 2009
U. PURCHASE OF cityofeagan.org AND city-of-eagan.com DOMAINS
ACTION TO BE CONSIDERED:
To approve the purchase of the "cityofeagan.org" and "city-of-eagan.com" domains and
authorize the Mayor and City Clerk to execute the necessary documents to transfer the
domains to the City.
FACTS:
? The City of Eagan owns the domain "cityofeagan.com" and uses that domain to direct
residents to the City web site.
? A private citizen owns the domains "cityofeagan.org" and "city-of-eagan.com" and has
operated a web site using those domains.
? There has been confusion among residents when attempting to access the City web site.
? Other issues and problems have been encountered by the City and residents due to the
similarity of the City's domain and the domains of the private citizen.
? The City had contacted the private citizen to resolve the issues and problems, and an
agreement has been reached to allow the City to purchase the "cityofeagan.org" and
"city-of-eagan.com" domains, for the price of $2,000.00.
ATTACHMENTS:
None.
Agenda Memo
June 16, 2009 Eagan City Council Meeting
V. 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT
ACTION TO BE CONSIDERED:
To receive and accept the 2008 Comprehensive Annual Financial Report (CAFR).
FACTS:
• The CAFR for the year ended December 31, 2008 has been completed and the audit
by Kern, DeWenter, Viere, Ltd. (KDV) has been performed.
• KDV has expressed an unqualified (or "clean") opinion-the best opinion that can
be given-on the financial statements.
• A brief PowerPoint presentation reviewing the charts and tables included in KDV's
"Management Letter" will be made by Matt Mayer and Janel Bitzan of KDV.
• Mr. Mayer, Ms. Bitzan, and Chief Financial Officer Pepper will be available to
answer questions.
ATTACHMENTS:
• 2008 CAFR (without page number)
• KDV's "Management Letter" (without page number)
• KDV's "Report on Minnesota Legal Compliance" (without page number)
39
Agenda Information Memo
June 16, 2009 Eagan City Council Meeting
VII. OLD BUSINESS
A. Amendment to 2009 General Fund operating budget.
ACTION TO BE CONSIDERED:
To amend the 2009 General Fund operating budget by reducing both revenues and
expenditures by $592,000.
FACTS:
• At its June 9 special meeting, the City Council received a presentation on
recommended General Fund budget adjustments and directed staff to place the
item on the June 16 agenda.
• Under the assumption that the Governor will unallot Market Value Homestead
Credit (MVHC) payments to the City in 2009, the $710,500 loss to the General
Fund is suggested to be made up through re-allocation of the overall levy,
reducing the levy amounts going to the Major Street Fund, the Equipment
Revolving Fund, and the Facilities Renewal & Replacement Fund, and increasing
the levy amount to the General Fund.
• In re-evaluating other revenues, staff has estimated that non-tax revenues will be
down $592,000 from original budget estimates due to the lagging economy and
lower interest rates earned on investments.
• Accordingly, a baseline adjustment of departmental expenditures downward in the
amount of $592,000 is proposed. Some detail is included in the attachment; not
all of the specifics of the reductions have been finalized at this point.
ATTACHMENTS: L/
• Summary of 2009 Budget Adjustments is on page 7"l
0
28-May-09
2009 Budget Adjustments
2009 Approved Revenue Estimate 27,729,200
Revenue Shortfall:
MVHC (710,500)
Other (592,000) (1,302,500)
Reallocation of Tax Levy 710,500
2009 Revised Revenue Estimate 27,137,200
2009 Approved Expenditure Appropriations 27,729,200
Changes to 4-27-2009:
Personnel Adjustments (196,200)
Positions Eliminated:
2 Officers
Crime Analysts
Bldg Maintenance
Fire Relief 50,000 (146,200)
4-27-2009 Expenditure Projection 27,583,000
Cummulative
Additional Expenditure Reductions 445,800
1 FTE Parks and Recreation (Completed) (43,000) 402,800
2 FTE's (135,.000) 267,800
Fuel Savings (195,000) 72,800
Department Operations (46,000) 26,800
(20,000) 6,800
(30,000) (23,200)
(5,000) (28,200)
(43,000) (71,200)
I/l
Agenda Information Memo
June 16, 2009, Eagan City Council Meeting
NEW BUSINESS
A. ORDINANCE AMENDMENT - CHAPTER 10, SECTION 10.11, SUBD. 7(C)
POTENTIALLY DANGEROUS OR DANGEROUS DOGS
ACTIONS TO BE CONSIDERED:
To approve an ordinance amendment to Chapter 10, specifically as it relates to dangerous dog
hearings and direct the City Attorney to publish the amendment in the legal newspaper.
FACTS:
? On May 19, 2009, the City Council directed the City Attorney's office to prepare an
ordinance amendment to Chapter 10 that will allow the City to collect a deposit of $1,000
when a dog owner desires to appeal a dangerous dog designation by the means of an
administrative hearing. This change is in keeping with recent statutory changes made
regarding dangerous dogs.
? At the time the hearing is requested, a $1,000 deposit will be collected from the dog
owner. The actual hearing expenses will be deducted from the deposit with the remaining
balance to be refunded to the dog owner if the dangerous dog designation is upheld. If
the hearing officer overturns the designation, the entire $1,000 will be refunded.
? Since the legislature has given authority to collect hearing expenses for dangerous dog
appeals, such hearings may be outsourced to an administrative hearing officer in lieu of
the City Clerk depending upon the circumstances at the time the hearing is requested.
ATTACHMENTS (1):
? Draft ordinance amendment enclosed on pages 4 3 through
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE
CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING
SECTION 10.11 REGARDING APPEAL HEARING FEE; AND BY ADOPTING BY REFERENCE
EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Ten is hereby amended by changing Section 10.11, Subd. 7(C)
to read as follows:
Subd. 7. Potentially dangerous or dangerous dogs.
C. Appeal. Any owner of a dog declared potentially dangerous or dangerous may appeal the
declaration by serving upon the city clerk, within 14 days of receipt of the notice declaring
the dog potentially dangerous or dangerous, inclusive of the date the notice is received, a
written notice of appeal. The dog owner shall deposit the sum of $1,000.00, as and for
hearing expenses with the City Clerk at the time of filing a written notice of appeal for a
dangerous dog declaration.
The appeal hearing shall be heard by the hearing officer within 14 days of receipt of the
owner's written request to appeal to determine the validity of the potentially dangerous or
dangerous dog designation. The appeal hearing shall be conducted in an informal manner
and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly
applied. The hearing need not be transcribed, but may be transcribed at the sole expense of
the party who requests transcription.
After considering all evidence submitted and within ten (10) days after the hearing, the
hearing officer shall make written Findings of Fact and Conclusions on the issue of whether
the dog is a potentially dangerous or dangerous dog. The findings and conclusions shall be
delivered to the dog's owner by hand delivery or registered mail as soon as practical.
An owner's right to appeal or otherwise contest a potentially dangerous or dangerous dog
declaration shall be deemed waived if the owner fails to serve a written request for appeal
as required herein or fails to appear at the scheduled appeal hearing date.
If a dangerous dog designation is upheld by the hearing officer, the dog owner shall pay the
City's actual expenses of the hearing, not to exceed $1,000.00 which has been deposited by
the dog owner at the time of filing request for appeal.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Maria Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
2
Lq
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
JUNE 16, 2009
A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
1. Approve EDA Minutes
D. OLD BUSINESS
E. NEW BUSINESS
1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Updated
Scope of Service for AUAR Update by SRF Consulting Services
F. OTHER BUSINESS
G. ADJOURN
Agenda Information Memo
Eagan Economic Development Authority Meeting
June 16, 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.
• MINUTES - The minutes of the April 7, 2009 EDA meeting are enclosed on
pages 4-1^-5,L)
1
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
April 7, 2009
A meeting of the Eagan Economic Development Authority was held on Tuesday,
April 7, 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 Fields moved, Commissioner Bakken seconded a motion to
approve the agenda as presented. Aye: 5 Nay: 0
CONSENT AGENDA
Commissioner Bakken moved, Commissioner Fields seconded a motion to
approve the Consent Agenda as presented. Aye: 5 Nay: 0
1. It was recommended to approve the minutes of the March 16, 2008 EDA
meeting as presented.
OLD BUSINESS
There were no Old Business items.
NEW BUSINESS
NORTHEAST EAGAN REDEVELOPMENT DISTRICT
EXTENSION OF DEVELOPMENT TIMEFRAME FOR BLUE GENTIAN
CORPORATE CENTER
Community Development Director Hohenstein discussed the proposed extension
of the timeframe for the first phase of development of the Blue Gentian Corporate
Center in Redevelopment District #2-5 noting that given the effect of the current
economy on development activity, the extension may be in order.
Commissioner Hansen moved, Commission Bakken seconded a motion to
approve an extension of the timeframe for the first phase of development of the
Blue Gentian Corporate Center in Redevelopment District #2-5 and to authorize
the EDA President and staff to execute the necessary documents.
Aye: 5 Nay: 0
47
CEDAR GROVE REDEVELOPMENT DISTRICT
CHECK POINT AND UPDATE ON REVISED PRELIMINARY CONCEPT PLAN
FOR PHASE I OF CORE AREA REDEVELOPMENT
Community Development Director Hohenstein discussed issues and questions
raised by citizens in the Cedar Grove area in regard to the revised preliminary
concept plan for Phase I of the core area redevelopment.
Rebecca Kurtz, Elhers and Associates discussed the financial aspect of the
project should it be delayed and tax increment revenue that would be generated
should the project move ahead as currently proposed.
Mark Ulfers of the CDA discussed proposed affordable housing within the Cedar
Grove redevelopment area.
Kelly Doran of Doran Pratt discussed pedestrian connections, streetscaping,
building elevations, and the proposed hotel.
Parks and public space was discussed by Parks and Recreation Director Juli
Seydell-Johnson.
Director Hohenstein discussed the various definitions of the village concept.
Eight citizens spoke. Their comments and questions included the following:
• Expectations regarding the previous concept layout based on Lennar
realtor representations
• Interest in additional active park space, particularly a central green area
within the redevelopment itself
• Concern over safety of Woodhaven Park and its adequacy to meet all of
the needs of the area
• Support for affordable housing and senior housing
• Support for Doran Pratt as experienced and qualified developers
• Questions about crime rates in and around affordable housing projects
• Concerns were raised about the nature of the Youth Supportive Housing
project
• Perception that proposed first phase development does not reflect all
features of previously approved concept plan
• Questions as to whether the hospitality market could support an additional
hotel in the area
• Mayor Maguire's previous comments regarding the importance of
proceeding with market supportable projects to support TIF expenditures
0
• Adequacy of current street system and proposed street improvements to
meet traffic needs of development
• Whether there will be adequate parking at new transit station
• The height of the proposed apartment buildings
• The amount the City is planning to spend to redevelop the area, how
much has already been spent, and where the funds came from
• Whether more can be made of the proximity between the redevelopment
area and the Mall of America
• Whether the first phase and future phases will have anchors to draw other
development and visitors to the area
Staff, the developer and Commissioners responded to the concerns and
questions of the citizens and Commissioners discussed the additional detail
provided by the staff and developer.
Commissioner Tilley noted that the transit station will be one of the key draws for
the area and that it is unlikely that this station will create the parking problems
observed at the Apple Valley station because of its location among the Cedar
Avenue transit stops and the size of the area being served.
Commissioner Hansen stated that it is important to remember the vision for the
area as phases are proposed and developed and that the City will continue to
pursue more aspects of the vision in future phases.
Commissioner Fields indicated that she has been very supportive of the Youth
Supportive Housing project and believes there to be misconceptions about it,
because it is not a homeless shelter. She asked CDA Executive Director Mark
Ulfers to describe the project further. Mr. Ulfers provided an overview of the
project, its programs and the population it will serve.
Commissioner Bakken noted that the impact of delay on the TIF district revenues
will not be small. He also stated that the need for adequate park space within the
development needs to be balanced with the need to create sufficient tax base to
pay district expenses. He said that the Council and the EDA have a duty to
balance the interests of the residents of the immediate area with those of the
broader community. He indicated that the Phase I proposal is not all that he
wants, but that he supports moving ahead with what is feasible at this time.
EDA President Maguire thanked everyone for coming and raising their questions,
so they could get good responses to the issues. He stated that the Council/EDA
has indicated that it supports this project as a first phase of the core area
redevelopment. Moving forward, he said the City will insist on sidewalks
throughout the area and will continue to pursue sustainable affordable housing
scattered throughout the redevelopment. He agreed with the comments about
the quality of the developers. He stated that the challenge with concept plans is
that there is a risk of falling in love with a picture, when it is important to
0
remember the principles that make up the vision. He said that there is also the
risk casting the good as the enemy of the perfect. He said that the three uses
shown in the proposed Phase I are part of the previously approved concept plan
for the core area, but they were laid out differently. Consolidating the pieces that
are market supportable now into the area at the east end of the development will
permit flexibility for the development of the west end of the development.
He said that turning down a proposal that includes elements that the City has
pursued in the past will put off development indefinitely at a time when we want
the developers and the development community to stay invested in the plan and
in future phases of the plan. He said that it is important to get the good things we
can now to move forward in the short term and to get closer to perfect over the
whole project.
Commissioner Bakken said that Phase I has meat, body and muscle, but that the
overall project is still missing a soul, which can be provided by a central gathering
space. He indicated that by the time the final approval of the first phase is
considered, the need for a public gathering space should be addressed.
No action was necessary, because the item was informational.
OTHER BUSINESS
There were no Other Business items.
ADJOURNMENT
Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn
the meeting at 11:20 p.m.
Date Thomas Hedges, Executive Director
Agenda Memo
Eagan Economic Development Authority Meeting
November 5, 2007
1. CEDAR GROVE REDEVELOPMENT DISTRICT - AUTHORIZE
UPDATE OF REDEVELOPMENT AREA AUAR
ACTION TO BE CONSIDERED: To Authorize Preparation of Update of Alternative
Urban Areawide Review for the Cedar Grove Redevelopment Area.
FACTS:
? In 2003, the City prepared an Alternative Urban Areawide Review (AUAR) of the Cedar
Grove Redevelopment District. An AUAR is an environmental analysis document,
sometimes used in larger, mulit-use developments in lieu of an EAW/EIS process.
? AUARs are to be updated every five years, which in the case of Cedar Grove,
corresponds to the City's decision to move forward with a revised development
masterplan.
? The City previously authorized an update of the AUAR in November of 2007, to
correspond with the expected implementation of the Doran Pratt Prelimijnary Concept
Plan. As the development and financial markets tightened during 2008 and City and
developer discussed which aspects of the plan could go forward and how the plan
elements might evolve as the market changed, the AUAR update was put on hold.
? While the proposed first phase development elements are within the ranges anticipated by
the original AUAR, it is now timely to move forward with the new analysis to have the
updated AUAR completed in advance of proposed future phases of the project.
? Staff has asked SRF, the firm that prepared the original AUAR to submit a scope of work
and estimate of cost for the update.
ATTACHMENTS:
? Scope of Services for AUAR Update on page through ;
®CONSULTING GROUP, INC. MINNEAPOLIS
FARGO
E N G I N E E R S I PLANNERS I D E S I G N E R S MADISON
SRF No. 0076311
June 3, 2009
Mr. Jon Hohenstein
Community Development Director
CITY OF EAGAN
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
SUBJECT: ADDITIONAL SCOPE OF SERVICES FOR AUAR UPDATE
CEDAR GROVE REDEVELOPMENT AREA
Dear Mr. Hohenstein:
Based on your request, we are pleased to submit this proposal to provide additional professional
services for the Cedar Grove AUAR Update, as detailed below.
SCOPE OF SERVICES
We propose to carry out the additional work described as follows:
Task IA: Additional Project Management and Communications:
16 hours; $1,920
Prepare for, attend, and follow up for one (1) additional meeting with the City to review updated
land use scenario and related issues.
Carry out additional project management activities including project remobilization.
Re-initiate communication with appropriate local and state resource agencies to identify issues or
questions.
www.srfconsulting.com
One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4443 ( 763.475.0010 Fax: 763.475.2429
An Equal Opportunity Employer
Mr. Jon Hohenstein -2- June 3, 2009
Task 3A: Additional Traffic Operations Data Collection and Sensitivity Analysis:
38 hours; $4,000
Collect a.m. and p.m. peak hour turning movement counts at the following intersections:
¦ TH 13/Silver Bell Road
¦ Beau D'Rue Drive/Cedarvale Boulevard/Silver Bell Road
¦ Blackhawk Road/ Silver Bell Road
¦ Cedarvale Boulevard/Rahn Road
¦ TH 77 West Ramp/Diffley Road
¦ TH 77 East Ramp/Diffley Road
¦ Nicols Road/Diffley Road
Conduct sensitivity analysis for the critical peak hour for one land use scenario.
Additional cost for remaining work on previously scoped tasks, to account for change in
rates:
$760
SCHEDULE
We will complete this work within a mutually agreed-upon time schedule.
BASIS OF PAYMENT/BUDGET
We propose to be reimbursed for our services on an hourly basis at the approved City rates for
actual time expended, for the out-of-pocket expenses (printing, reproduction, etc.) at cost and
mileage will be billed at a rate not to exceed the IRS allowance for business miles. Invoices
would be submitted on a monthly basis for work performed during the previous month, with
payment due within 30 days.
The cost of the additional work detailed above is estimated at $6,680, which includes both time
and expenses.
CHANGES IN THE SCOPE OF SERVICES
It is understood that if the scope or the extent of work changes, the cost will be adjusted
accordingly. Before any out-of-scope work is initiated, however, we will submit a budget
request for the new work and will not begin work until we receive authorization from you.
5'~)
Mr. Jon Hohenstein -3- June 3, 2009
NOTICE TO PROCEED
A signed copy of this proposal or a separate letter of authorization returned to this office will
serve as notice to proceed. Our fax number is 763-475-2429.
Sincerely,
SRF SULTING G P, INC.
Beth A. Bartz
Principal
lto,-7 0 )?t-,-L
Nancy C. Frick
Senior Associate
BAB/NCF/smf
APPROVED:
(signature)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
H:\Projects\631 I\EP\Project Management\6-3-09 budget supplement.doc
all
Agenda Information Memo
Eagan Economic Development Authority Meeting
June 16, 2009
F. OTHER BUSINESS
G. RECESS TO EXECUTIVE SESSION
The EDA is being asked to recess to executive session to discuss the possible acquisition
of properties located in the Cedar Grove Redevelopment District.
H. ADJOURNMENT
The EDA meeting will adjourn at the conclusion of the executive session.