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05/18/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING May 18, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS Q C), A. Recognize the Retirement of Sgt. Kevin McGrath after 27 Years of Service to the City IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) 3 A. APPROVE MINUTES 1'13 B. PERSONNEL ITEMS P)(0 C. APPROVE Check Registers P.1"1 D. APPROVE Tree Contractor License for Natural Contours Tree Care, 4305 Orion Lane % 11? E. APPROVE action to not waive the monetary limits on municipal tort liability P F. ACCEPT amendment to the 2010 Dakota County Drug Task Force Grant and approve a resolution authorizing execution of the agreement. to G. APPROVE Applications for Exempt Permits for Dakota Woodlands to hold three raffles to be held on DD July 4, 2010, July 28, 2010 and October 8, 2010 at the Eagan Community Center r•3°iH. APPROVE change order for Fire Safety Center Project 0902 361. ACCEPT donation of 400 books from Kay Brown Gustafson to be distributed to the community parr. Authorize the city attorney to prepare an ordinance amendment to Chapter # 10 of Eagan City Code specific to Potentially Dangerous Dogs. Pig K. APPROVE Public Message Agreement with Clear Channel Communications P4S L. APPROVE Change Orders No. 4 & 5 for Contract 09 -12 (Diffley Road & Rahn Road — Intersection Reconfiguration / Roundabout) f'4�6 M. APPROVE Contract 10 -05, Farnum Drive (Streetlight Improvements) N. APPROVE Consultant for Upgrade of South Water Treatment Plant. PYR O. APPROVE Telecommunication Lease Agreements with Clear Wireless LLC for City Water Reservoirs (Deerwood, Sperry & Lexington Diffley) P4� P. Receive Petition to Vacate Easements and Schedule a Public Hearing for June 15, 2010 (Stonehaven) V. PUBLIC HEARINGS f Sl A. RIGHT -OF -WAY VACATION —Wescott Woodlands VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION 40k$p City of Eap In TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 14, 2010 SUBJECT: AGENDA INFORMATION FOR MAY 18, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 18, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 18, 2010, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Recognize the retirement of Sergeant Kevin McGrath for his twenty -seven years of service to the citizens of Eagan. FACTS: • Sergeant McGrath was hired on in 1983. • He had many responsibilities within the police department and acted as a community service officer, patrol /K9 officer, general investigator, narcotics detective and sergeant. • Sergeant McGrath's last day with the City will be May 21, 2010. • Police Chief McDonald will address the council with more details. ATTACHMENTS: None Agenda Information Memo May 18, 2010 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 May 4, 2010 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the May 4, 2010 Regular City Council meeting are enclosed on pages through Lc-),-. �R MINUTES OF A REGULAR MEETING OF THE 1 /' EAGAN CITY COUNCIL Eagan, Minnesota May 4, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Cheryl Kolb - Untinen and Naomi Untinen requested information regarding a City Code amendment that would allow chickens to be kept on property smaller than five acres. Staff will provide Council and Ms. Unitinen with information regarding previous discussions in regard to keeping chickens. A regular meeting of the Eagan City Council was held on Tuesday, May 4, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community and Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted an item would be added under Recognitions and Presentations; an additional item would also be added under Commission Appointments; and the order of the agenda was proposed to be changed to appoint Advisory Commission members prior to Public Hearings. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Chief of Police McDonald discussed the Eagan Police Department's role in the search for the suspect that murdered Maplewood Police Sergeant Joseph Bergeron this past week. A moment of silence was observed for Sergeant Bergeron. The Council recognized Sharon Boeckman, Walt Fletcher, Dorothy Peterson, and Glenda Holz for their volunteer hours at Holz Farm. The recent receipt of the Local Government Innovation Award from the Humphrey Institute at the University of Minnesota for the City's creative public /private partnership with Thomson Reuters on the Eagan Television studio was recognized. Mayor Maguire thanked Tom Garrison, Director of Communications for his guidance in making the partnership a reality. CONSENT AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the April 20, 2010 regular City Council meeting and the April 27, 2010 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of the following Seasonal Employees in the Parks, Forestry and Engineering Departments: Dave Tripp and Richard Lemay as ball field attendants; Ben VonDeLinde, Charlie Krause, and Jeff O'Donnell as Park Maintenance workers; Maura Marko as a Forestry Tech; Ray Vogtman as a Tree Inspector; Mark Danielson and Alex Kabokov as engineering interns;Mike Griffin, Water Quality seasonal intern; Ryan Neumann as a park laborer. 2. It was recommended to approve the hiring of the following seasonal employees for the Parks and Recreation Department: Katie Stein, Jennifer Stanull, Peggy Horan, Angela Tumini, James City Council Minutes May 4, 2010 Page 2 Glewwe, Abigail Guetzlaff, Jonathan Hardegger, Kristen Riehle, Kristine Wietecha, Weston Sternitzke, Kaitlin Keeney, Danielle Gartner, Holly Krawza, Benjamin Williams, Christopher Schmacher, Hannah Blenkush, Max Apple, Caitlyn Huonder, Erin Coyne, Andrew Weil, Kayla Csargo, Timothy Styx, Nicholas Brannan, Benjamin Huhner, Michael Petesch, Kelly Moeller, Naomi Muckler, Dane Plifka, Mara Plifka, Laura Young, Nicole Meehan, Katherine Nylund. C. It was recommended to ratify the check registers dated April 15, 2010 and April 22, 2010 as presented. D. It was recommended to approve an amendment to the original Park Dedication and Use Agreement between the City of Eagan and Faithful Shepherd School and authorize the Mayor and City Clerk to sign the appropriate documents. E. Item removed. F. It was recommended to adopt a resolution approving internal financing of Ice Arena Gross Revenue Bonds, Series 2010. G. It was recommended to declare leather fire helmets surplus and authorize their sale. H. It was recommended to approve a resolution accepting a donation from Wal -Mart for $1,000 for the purchase of a television and DVD for the Fire Safety Trailer, and approve a budget adjustment increasing revenues and expenditures in the General Fund by $1,000 for the donation and its related expenditure. I. It was recommended to receive an application from the Coachman Oaks Homeowners Association and direct City staff to request formal application for Housing Improvement District consideration for their property. J. It was recommended to defer the City's Metropolitan City Entitlement Status for federal fiscal years 2011 through 2013 and remain a participant in the Dakota County Urban County designation for DCBG and HOME funding and authorize the Mayor to execute the appropriate documents. K. It was recommended to approve a one -year extension of the Preliminary Subdivision approval for Diffley Plaza 2nd Addition, for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, C1, 2, 4, D1 and E1. 2. The property shall be platted. 3. The applicant shall revise the site plan to provide the correct building setbacks. 4. The applicant shall revise the elevations to provide the overall height of the buildings. 5. The building materials for the buildings on Lots 1 and 3 must meet City code requirements. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. Trash Enclosures shall comply with City ordinance requirements. 8. The applicant shall revise the lighting specifications to provide a maximum pole height of 15 feet. 9. The applicant shall revise the Lighting Plan so that all the property lines are depicted. 10. The applicant shall provide a landscape Plan that incorporates the approved April 2003 Berm Landscaping Plan and properly screens parking lot areas per city ordinance requirements. 11. The Landscape Plan shall be revised to match the plant schedule with the plantings shown on the plan. 12. The Landscape Plan shall be revised to remove proposed plantings from within the drainage and utility easements. 13. Building signage shall comply with City sign ordinance requirements. 14. All building signage shall be uniform in design, font, size and color. 15. All erosion / sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 16. All personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion / sediment Control Inspector / Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 5— City Council Minutes May 4, 2010 Page 3 17. The applicant shall provide evidence of cross easements for circulation, in a form acceptable to the City Attorney. 18. The applicant shall provide evidence that the lot to be subdivided is permitted to take access to the private street, in a form acceptable to the City Attorney. 19. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. 20. A sidewalk for pedestrian connection shall be provided between the public sidewalk on Johnny Cake Ridge Road and Lot 4, Block 1, Diffley Plaza (Kowalski's). This sidewalk shall be covered by a private easement between this development and the property owners of Lot 4, Block 1, Diffley Plaza, in a form acceptable to the City Attorney. L. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial of arequest for a Comprehensive Land Use Plan Amendment that would change the land use designation from Sa /MD (Special Area /Medium Density), to SA/HD (Special Area / High Density), to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition; and, to Adopt the Findings of Fact, Conclusions and Resolution of Denial of a request for a Planned Development Amendment to amend the Preliminary Planned Development to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. M. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $1,732,702 from the Municipal State Aid (MSA) Construction account. N. It was recommended to proclaim May 16 through May 22, 2010 as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve a Construction Agreement with Dakota County for the 2010 County road overlays and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve the plans and specifications for Contract 09 -13 (Duckwood Drive — Street & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 10, 2010. Q. It was recommended to authorize a variance to the Construction Activity Noise Regulations to allow construction activity 24 hours a day, 7 days a week, for McNamara Contracting, Inc. in completion of State Project 1981 -23 (TH 3 — Overlay) for the following schedule: • May 19 — through May 26 (continuous) • May 26 through June 18, for a maximum of 10 days. R. It was recommended to approve a grant from the Minnesota Department of Administration in the amount of $100,000 and confirm the location for a memorial site within Central Park. S. it was recommended to approve a Tree Maintenance Contractor License for Raul Gracia, Tree Amigos Service and Landscaping, LLC, 341 Larson Avenue E., St. Paul. T. It was recommended to proclaim June, 2010 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. ORGANIZATIONAL BUSINESS A. ADVISORY COMMISSION APPOINTMENTS FOR 2010 -2011 Voting was done by written ballot, initialed by each member of the Council, and the following citizens were appointed to Advisory Commissions: A City Council Minutes May 4, 2010 Page 4 Energy and Environment Advisory Commission (EEAC 2 -vear Terms 1.Bruce Goff 2. Salman Mitha 3. Wade Olsen 4. Amir Nadav 1 -year Terms 1. Jeff LeClair 2. Guillermo Etienne 3. Kari Palmer 1 -year Alternate 1. James Casper Advisory Planning Commission (APC 2 -year Terms 1. Daniel Piper 2. Thomas Heaney 3. Peter Dugan 1 -year Alternate 1.Andrew Jansma Airport Relations Commission (ARC 2 -year Terms 1. Carol Whisnant 2. Chad Stambaugh 3. Luke Olson 1 -year Alternate 11EFT VACANT Advisory Parks and Recreation Commission (APrC 2 -vear Terms 1. Jennifer Dahlquist 2. Michael Palmer 3. LEFT VACANT 1 -year Alternate 1. LEFT VACANT City Council Minutes May 4, 2010 Page 5 Gun Club Lake Watershed Management Organization (WMOI 3 -year Term 1.Jeff Sluiter Councilmember Fields moved, Councilmember Tilley seconded a motion to ratify the appointment of members to the City Council's Advisory Commissions and Gun Club Lake WMO with terms beginning in May, 2010. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to appoint Councilmember Bakken as the Council liaison to the Energy and Environment Advisory Commission. Aye: 4 Nay: 0 Abstain: Bakken PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed the five delinquent false alarm bills which totals an accessible amount of $895. Mayor Maguire opened the public hearing. There being no one who wished to be heard, he closed the public hearing and turned discussion back to Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye:5 Nay:0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed the delinquent weed cutting bills, noting the assessable amount is $3,439.76. Mayor Maguire opened the public hearing. There being no one who wished to be heard, he turned discussion back to Council. Councilmember Fields moved, Council Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent week cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT BOARD UP BILLS City Administrator Hedges discussed the delinquent board up bills, noting the assessable amount is $155.21. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for the delinquent board up bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 City Council Minutes May 4, 2010 Page 6z...: CERTIFICATION OF REFUSE REMOVAL BILLS City Administrator Hedges discussed the delinquent refuse removal bills, noting the assessable amount is $1386.31. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent refuse removal bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed the delinquent utility bills noting the assessable amount of $224,289.36. He further discussed an objection to an assessment that was submitted last year which failed to get certified to the County by City staff. It was noted that the property had been sold and the title company had failed to note the pending assessment. It was the consensus of Council that the delinquent account should be certified with the Council and let the property owner and the title company resolve the issue. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CEDAR GROVE TRANSIT STATION (MVTA) RIGHT -OF -WAY VACATION City Administrator Hedges introduced this item regarding the vacation of public right -of -way formerly known as Old Sibley Highway and Old Sibley Memorial Highway, reserving the drainage and utility easements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the vacation of public right -of -way formerly known as Old Sibley Memorial Highway, reserving the drainage and utility easements, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT — CHAPTER 3, "MUNICIPAL AND PUBLIC UTILITIES — RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS ", REGARDING DELINQUENT ACCOUNT PENALTIES City Administrator discussed an Ordinance Amendment to Chapter 3 regarding municipal and public utilities rules and regulations, rates, charges and collections. He noted that the City Attorney's office suggested that the language in the City Code pertaining to delinquent utility accounts be changed to be referenced as a penalty and not as an interest charge. City Council Minutes May 4, 2010 Page 7 r1 r Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to Chapter 3, "Municipal and Public Utilities — Rules and Regulations, Rates, Charges and Collections ", regarding delinquent account penalties. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT, VARIANCE AND FINAL PLAT — MINNESOTA VALLEY HUMANE SOCIETY City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow a kennel with an outdoor play area upon a portion of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No. 3. City Planner Ridge gave a staff report. Councilmembers held a brief discussion. Lynae Gieske, Director of the Minnesota Valley Humane Society, was present to answer questions of the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a kennel with an outdoor play area upon a portion of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No. 3, 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. Inspection by the Animal Control Officer shall occur prior to opening. 3. The applicant shall maintain a current kennel license. 4. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 5. All signage is subject to City Code requirements. 6. The perimeter of the outdoor play area shall be secured with an eight -foot privacy fence per the Site Plan received March 31, 2010. 7. The outdoor play area shall have a roof and provide shade during the months of May through October as shown on the Site Plan received March 31, 2010. 8. The designated bathroom area for the animals shall be cleaned daily. 9. The applicant shall enclose the trash and /or recycling containers in an enclosure that meets City Code requirements. 10. The landscaping shall be installed by October 30, 2010, per the Landscape Plan received March 17, 2010. 11. The lighting shall be installed per the Photometric Plan received March 17, 2010. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a 4'8" Variance to the required front yard setback to allow a building expansion upon property located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No. 3, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be re- platted prior to the effectiveness of the Variance. 2. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 3. The addition shall be located per the Site Plan received March 31, 2010. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Plat to create one lot on approximately 1.41 acres located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and Outlot A, Eagandale Center Industrial Park No. 3, subject to the following conditions: Aye: 5 Nay: 0 City Council Minutes May 4, 2010 Page 8 •� 1 1. This Final Plat shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This development shall dedicate 5 -foot drainage and utility easements along all property lines and where necessary to accommodate existing or proposed utilities for drainage ways within the plat The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. PLANNED DEVELOPMENT AMENDMENT — PROPERTY CLAIM SOLUTIONS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor storage of company pick -up trucks and one trailer upon the property at 2005 Pin Oak Drive. City Planner Ridley gave a staff report. The applicant was not present. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow outdoor storage of company pick -up trucks and one trailer upon the property at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2nd Addition subject to the following conditions. Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be located in designated storage areas as indicated on the Site Plan received March 17, 2010. 3. Additional landscaping shall be installed by June 30, 2010 to provide screening and soften the views of the storage items from the right -of -way. The applicant shall submit a landscape plan for approval by City Staff prior to installation. 4. Outdoor storage shall be limited to standard sized pickup trucks or passenger vehicles. INTERIM USE PERMIT — MAX STEININGER INC. City Administrator Hedges introduced this item regarding an Interim Use Permit to allow a temporary contractor storage yard located at 3089 Neil Armstrong Blvd. City Planner Ridley gave a staff report. Greg Steininger, representing the applicant, was present to answer questions of the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to allow a contractor's storage yard located at 3089 Neil Armstrong Blvd., Lot 2, Block 1, Amoco 2nd Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit (IUP) shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The permit shall terminate upon the earlier of either cease of use or three years from the date of City Council approval. 3. The IUP shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permits are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The location and items to be stored shall be consistent with the Site Plan dated February 1, 2010. 5. The landscape berm shall be constructed per the Site /Grading Plan dated February 1, 2010, no later than October 1, 2010. City Council Minutes May 4, 2010 Page 9 6. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's codified land disturbance and erosion control regulations. 7. All parking and storage areas shall be properly maintained to prevent deterioration. LEGISLATIVE / INTERGOVERNMENTAL AFFARIS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a request for a temporary on -sale Liquor License for the Twin Cities Good Time Softball League. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a temporary on- sale liquor license for the Twin Cities Good Time Softball League. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:40 p.m. Aye:5 Nay:0 Date JC� Administrative Secretary / Deputy Clerk Agenda Information Memo May 18, 2010, Eagan City Council Meeting Personnel Items Item 1. Appointment of Sergeant Steve Bolluyt to Lieutenant and authorize his replacement. ACTION TO BE CONSIDERED: Authorize the Appointment of Sergeant Steve Bolluyt to Lieutenant and authorize his replacement. FACTS: • At the January 5, 2010 Eagan City Council Meeting, the Mayor and Council accepted the resignation of Lieutenant Greg Johnson and authorized the replacement of the position. • After Lieutenant Johnson's retirement, the police department administered a promotional process and is recommending Sergeant Bolluyt be promoted to Lieutenant effective July 19, 2010. • Sergeant Bolluyt's promotion to Lieutenant created a sergeant vacancy. • The police department is requesting authorization to fill the sergeant vacancy created by Bolluyt's promotion. • Anticipating a vacancy, the police department previously administered a sergeant promotional process and identified a list of candidates. • The above actions were previously discussed with the City Administrator. Item 2. Accept the resignation of Sergeant Kevin McGrath and authorize his replacement. ACTION TO BE CONSIDERED: Accept the resignation of Sergeant Kevin McGrath and authorize his replacement. FACTS: • Sergeant Kevin McGrath submitted his resignation effective May 21, 2010. • He will be retiring after 27 years of service to the City of Eagan. • Because of a recent sergeant promotional process, a list of candidates has been developed. • The filling of Sergeant McGrath's vacancy was previously discussed with the City Administrator. N Item 3. Authorize the appointment of Detective Richard Evans to Sergeant. ACTION TO BE CONSIDERED: Based upon the resignation of Kevin McGrath, authorize the appointment of Richard Evans to Sergeant effective June 6, 2010. FACTS: Detective Rich Evans has been with the Eagan Police Department since August, 2000. • Currently, he is assigned to investigation. Item 4. Authorize the appointment of Officer Andrew Speakman to Sergeant. ACTION TO BE CONSIDERED: Based upon the sergeant vacancy created by Steve Bolluyt's promotion to lieutenant, authorize the appointment of Andrew Speakman to sergeant effective July 19, 2010. FACTS: • Andrew Speakman has been with the Eagan Police Department since March, 2003. • Currently, Andrew Speakman is assigned to Patrol. Item 5. Approve the hiring of Seasonal Employees ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks division. Name Division Job Title Lukas Lee Cascade Bay Bldg /Grounds Att II Joseph Morrison Cascade Bay Bldg /Grounds Att II Sarah Osojnicki Cascade Bay Coordinator Jamie Sletten Cascade Bay Guest Services I Evan Guetzlaff Cascade Bay Guest Services I Hanna Engebretson Cascade Bay Guest Services I Allison Merkley Cascade Bay Guest Services I Hanna Pahr Cascade Bay Guest Services I Melanie Anderson Cascade Bay Guest Services I David Eddy Cascade Bay Guest Services I Wesley Kimball Cascade Bay Guest Services I Kelsey Nelson Cascade Bay Guest Services I Emily Kimball Cascade Bay Guest Services I Kayla Berntsen Cascade Bay Guest Services I Cooper Rapp Cascade Bay Lifeguard Lucas Peterson Cascade Bay Pool Attendant Zachary Truskowski Cascade Bay Pool Attendant Hunter Stai Cascade Bay Pool Attendant Alyssa Weinstein Cascade Bay Pool Attendant Teresa DiGregorio Cascade Bay Pool Attendant Brittni Schlegel Cascade Bay Pool Attendant Jonathon Dale Cascade Bay Pool Attendant Ashley Davis Cascade Bay Pool Attendant Alyssa Giancana Cascade Bay Pool Attendant Alexandra Emmons Cascade Bay Pool Attendant Laura Brenberg Parks Park Attendant Katelyn Lutovsky Parks Park Attendant Daniel Streefland Parks Park Maintenance Brandon Hinke Parks Park Maintenance Jennifer Saver Recreation Evening Program Asst Michelle Finlon Recreation Preschool Assistant Amber Orr Recreation Preschool Teacher Sara Morse Recreation Rec Assistant Puppets Julie Anderson Recreation Recreation Assistant Madeline Bires Recreation Recreation Assistant Tyler Mangan Recreation Recreation Assistant Sarah Swenson Recreation Recreation Assistant T -ball Leah Beekman Recreation Recreation Leader Aaron Bray Recreation Recreation Leader Mark Burkhardt Recreation Recreation Leader Claire Opsahl Recreation Recreation Leader Kelsey Reger Recreation Recreation Leader Murphy Smith Recreation Recreation Leader Puppets Lauren Whitacre Recreation Recreation Leader /Site Coord Kim Maczko Recreation Start Smart Rec Leader 1S Agenda Information Memo May 18, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 29, 2010 and May 6, 2010 as presented. ATTACHMENTS: • Check registers dated April 29, 2010 and May 6, 2010 are enclosed without page number. 1(V Agenda Memo City Council Meeting May 18, 2010 CONSENT AGENDA: D. Tree Maintenance Contractor License for Natural Contours Tree Care ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for John Schaffenberger, Natural Contours Tree Care, 4305 Orion Lane FACTS: • John Schaffenberger has applied for Tree Maintenance Contractor license for 2010 and all requirements of the application have been met and the fee has been paid. • Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. 17 Agenda Information Memo May 18, 2010 Eagan City Council Meeting E. APPROVE ACTION TO NOT WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ACTION TO BE CONSIDERED: To approve action to not waive the monetary limits on municipal tort liability. FACTS: Each year at the time of renewal of the City's property /casualty insurance policies, the City Council is asked by the League of Minnesota Cities Insurance Trust (LMCIT) to take formal action to "waive" or "not waive" the statutory tort limits to the extent of the insurance coverage being purchased. Minnesota Statutes provide the maximum liability of any municipality on any claim to be $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009 and $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009. These limits do not cover MN Statutory Liquor and Federal Laws (Civil Rights and Disabilities). In addition, the City is annually provided an option to purchase excess liability coverage, in effect raising the statutory limits. However, because the statutory limits have been upheld in numerous court cases and because of the relatively high premium costs, Eagan has chosen over the past number of years not to purchase any excess liability coverage. Eagan has also historically elected to waive the statutory tort limits. The combination of waiving the tort limits and not purchasing excess liability means that a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000, regardless of the number of claimants. The LMCIT adds 3.5% to the liability premium, if a city chooses to waive the tort limits. That additional premium amounts to approximately $6,000 annually for Eagan. /d Our current insurance agent and staff are now suggesting that Eagan change its historical position and choose not to waive the statutory tort limits for the insurance year beginning July 1, 2010. This change would mean that an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. Staff has not done a survey, but in discussing the question with both the old and new agents there does not appear to be a consistent conclusion reached by the various cities insured by the LMCIT as to either purchase excess liability coverage and /or to waive or not waive the tort limits. Individual City philosophies and financial situations are most important in informing the decision. While staff has not requested a complete legal analysis, the City Attorney does not have an issue with the potential change and sees it as a matter of public policy for the City Council to decide. ATTACHMENTS: (None) /7 Consent Agenda Information Memo May 18, 2010 Eagan City Council Meeting CONSENT AGENDA: F. Accept an amendment to the 2010 Grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement. ACTION TO BE CONSIDERED: To approve the resolution and accept an amendment to the 2010 grant on behalf of the Dakota County Drug Task Force. FACTS: • One municipality has always acted as its fiscal agency. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for book keeping, budgeting and grant administration. • On January 5, 2010 the Council accepted a grant and approved a resolution authorizing the execution of a grant agreement from the State of Minnesota Office of Justice Programs on behalf of the Dakota County Drug Task Force. The grant was for $260,000. • In this amendment the Office of Justice Programs has awarded an additional $50,000 to the Dakota County Drug Task Force for 2010. This funding will be used to reimburse the County for adding an additional deputy to the task force to focus on gang investigations. • There are 3 copies of the grant amendment attached for the Mayor and City Clerk to endorse. ATTACHMENTS: Copy of the 2010 grant amendment on pagesm �'� Grant Agreement Amendment Page 1 of 1 Minnesota Department of Public Safety ( "State ") Commissioner of Public Safety Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101 -2139 Grant Program: Narcotics and Gang Task Force 2010 Grant Agreement No.: 2010 -NGTF -00398 Grant Amendment No.: 1 Grantee: Grant Agreement Term: City of Eagan Effective Date: January 1, 2010 3830 Pilot Knob Road Expiration Date: December 31, 2010 Eagan, Minnesota 55122 -1897 Grant Matching Requirement: Grantee Agreement Amount: Original Agreement Amount $0 Original Agreement Amount $260,000.00 Previous Amendment(s) Total $0 Previous Amendment(s) Total $0 Current Amendment Amount $0 Current Amendment Amount $50,000.00 Total Agreement Amount $0 Total Agreement Amount $310,000.00 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. The Original Grant Agreement is amended to replace state funds and the Narcotics and Gang Task Force 2010 Grant Program Guidelines with federal funds and the Justice Assistance Grants (JAG) Grant Program Guidelines, Exhibit B, which is attached and incorporated into this Grant Agreement. The CFDA number for the federal funds is CFDA 16.738. The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference. 1. ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A. 15 and 16C.05. Signed: 3. STATE AGENCY By: (with delegated authority) Title: Date: Date: Grant Agreement No. 2010 -NGTF- 00398/6300 -2101 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: DPS Grant Agreement Amendment (09/08) a Distribution: DPS/FAS Grantee State's Authorized Representative Grant Agreement Amendment Page 2 of 2 Special Conditions: 1. Time Limitations on Funding Use: $i30;90A 88 $155,000.00 is available from January 1, 2010 through December 31, 2010. WOO 00 $155,000.00 is available from July 1, 2010 through December 31, 2010. DPS Grant Agreement Amendment (09/08) �4> of Pue4es� o < P t 9OF MINNE'50 Grantee: REVISED EXHIBIT A OFFICE OF JUSTICE PROGRAMS City of Eagan Grant Number: 2010 -NGTF -00398 Program: ALL PROGRAM COMPONENTS f r � 'BUDGET LiNEITEM. AWARD_ Personnel $60,000.00 Contract Services $52,000.00 Office Expenses $19,200.00 Program Expenses $40,000.00 Other Expenses $111,600.00 Confidential Funds $37,200.00 TOTAL $2607000.00 $310;000.00 a3 EXHIBIT B Office of Justice Programs (OJP) Narcotics and Gang Task Force 2010 RFP Justice Assistance Grants (JAG) Grant Program Guidelines The Office of Justice Programs will require each grantee to abide by the following requirements in addition to those contained in the Terms and Conditions: Financial Requirements: 1) The grantee's eligible expenditures under this grant contract must be incurred by the grantee by the expiration date of the grant agreement. The grantee will report on all expenditures, interest earned, and interest expended pertaining to this grant contract in WEGO. Final expenditure report must be received no later than 30 days after the Expiration date of this grant contract. 2) The grantee shall submit a written budget revision request via WEGO before any expenditure may be made based on the revised budget. Submission of a budget revision is necessary if a) a line item will deviate by $200 or 10 %, whichever is higher, from the approved budget, or b) a new line item that was not part of the approved budget will be created. 3) The grantee shall have until 30 days after the expiration date of the grant agreement to liquidate all unpaid obligations related to the program which were incurred on or before the last day of the grant period and to submit a report of all funds received and disbursed. If a report is not submitted within this time period, expenses claimed on the report may be disallowed and OJP may request a refund of those funds from the grantee if the funding was advanced to the grantee. 4) The grantee shall retain all financial records for a minimum of six (6) years after the date of submission of the final financial status report, or until completion of an audit which has commenced before the expiration of this six -year period, or until any audit findings and/or recommendations from prior audit(s) have been resolved between the grantee and OJP, whichever is later. Reporting Requirements: 1) Grant Manual: The grantee shall report to the OJP as specified in the Office of Justice Programs' Grant Manual. 2) Financial Reporting: The grantee shall submit a financial reporting form to OJP using the Web- Enabled Grant Operations System (WEGO) at least quarterly utilizing within 30 days after the end of the reporting period. 3) Progress Reporting The. grantee shall use WEGO to submit a quarterly narrative of the progress achieved towards the accomplishment of the goals and objectives and within 30 days after the end of each reporting period. 4) Statistical Reporting: The grantee shall also submit a Quarterly Statistical Report of services provided in WEGO and within 30 days after the end of each quarter. 5) Requirement Changes: OJP may modify or change all reporting forms at their discretion during the grant period. 6) Additional Requirements: The grantee shall submit such other reports and attend meetings and training as OJP shall reasonably request. a� EXHIBIT B Other Provisions: 1) Evaluation: OJP shall have the authority, during the course of this grant period, to conduct an evaluation of the performance of the grantee. 2) Special Requirements: OJP reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the grantee's successful implementation of the program. OJP will notify the Grantee in writing of any special administrative requirements. Justice Assistance Grants (JAG) Federal Provisions: Payments under this grant contract will be made from federal funds obtained by the State through 42 USC 5631(a), CFDA number 16.738. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 1) Supplant: Grantee may not use funds received under this grant contract to supplant or substitute state and local public funds that would otherwise be available for criminal justice system activities. 2) Audits: The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circular A -133. An explanation of the Federal Audit Requirements is attached and incorporated and made a part of this grant contract. 3) Data: The Grantee agrees to comply with the confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The Grantee agrees to comply with 28 CFR Part 23 and use the Global Justice Data Model specifications and guidelines if federal funds are used to support criminal intelligence systems. Information is available at www.it.ojp.gov /gjxdm. 4) Debarment and Suspension: Executive Order 12549 on Debarment and Suspension, and the implementing regulation, requires that the Grantee certify it has not been debarred or otherwise excluded from participating in any other transaction with a federal department or agency. 5) Lobbying: Federal Restrictions on Lobbying imposed by 31 U.S.C. Section 1352, requires that no federally appropriated funds will be used, directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of the federal Office of Justice Programs. 6) Publications: Any written, visual, or audio publications, with the exception of press releases, whether published at the the grantee's or OJP's expense, shall contain the following statement: "This project was supported by Grant No. 2008 -DJ -BX -0734 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the EXHIBIT B author and do not represent the official position or policies of the United States Department of Justice." 7) "Pay -to- Stay" Programs: The Grantee will not use these funds to operate a "pay - to- stay" program in any local jail nor will the Grantee subaward funds to local jails which operate "pay -to- stay" programs. 8) Other Federal Requirements: This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: A) 28 CFR Part 69, New Restrictions on Lobbying, and 28 CFR Part 67, Government -Wide Debarment and Suspension and Government -Wide Requirements for Drug -Free Workplace through the submission of a certification form committing the Grantee to compliance. B) 28 CFR 42.302 et.seq. through the submission of a certification form regarding the Grantee's Equal Opportunity Employment Plan compliance. The Grantee will provide an Equal Employment Opportunity Plan if required to maintain one, where the application is for $500,000 or more. C) 28 CFR Part 46 and all federal Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. D) 42 USC Section 3789g and 28 CFR Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particular, section 22.23. E) The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. F) The Grantee will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance programs. El EXHIBIT B G) The Grantee assures that it will comply, and all its subcontractors will comply, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. H) The Grantee assures that in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Grantee or its subcontractors, the Grantee will forward a copy of the finding to the State. I) The Grantee will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. M Agenda Memo City Council Meeting May 18, 2010 CONSENT AGENDA: G. Exempt Permit for Dakota Woodlands to hold three raffles to be held at the Eagan Community Center ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permits for Dakota Woodlands to hold raffles on July 28, 2010 at Green Mill Restaurant, 1940 Rahncliff Court; July 4, 2010, and October 8, 2010 at the Eagan Community Center, 1501 Central Parkway. FACTS: • Dakota Woodlands has applied for three Exempt Permits with the Gambling Control Board to hold three raffles as listed above. • All requirements of the application have been met and staff recommends approval. ATTACHMENTS: • A copy of the proposed resolution is attached as page. • A copy of two letters from Dakota Woodland is attached as pages 3b and31 • The application is available for review in the Administration Department. RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT DAKOTA WOODLANDS WHEREAS, Dakota Woodlands has applied for an Exemption from Lawful Gambling Permit with the Minnesota Gambling Control Board; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for Dakota Woodlands to conduct raffles as follows: July 4, 2010 at the Eagan Community Center, 1501 Central Parkway. July 28, 2010 at Green Mill Restaurant, 1940 Rahncliff Court. October 8, 2010 at the Eagan Community Center, 1501 Central Parkway. Motion by: Seconded by: Those in Favor: All Those Against: None Date: May 18, 2010 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of May, 2010. Maria Petersen, City Clerk -�9 qDtkf& ZUU�(1 �Ci�C�f'LGI/�. 3430 Wescott Woodlands Eagan, MN 55123 (651) 456 -9110 www.dakatawoodlands.org May 11, 2010 Eagan City Council City of Eagan Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 City Council Members: It is my understanding that the procedure for a nonprofit organization to apply for a state Application for Exempt Permit (LG220) to hold a raffle in the city of Eagan, includes your review of our exempt permit and acknowledgement that the gambling premises is within Eagan's city limits and a city official must sign the form. We hope that both of these raffles will pass without a waiting period and can be forwarded to the state. We've not run a raffle in the past. This year, we have two opportunities. The first raffle will be on July 4th. It will be at the City of Eagan's Fun Fest. Lennar who is a sponsor of the Fun Fest is partnering with us to have a lucky person, win a playhouse, modeled after one of their homes of Stonehaven. We're thrilled that they want to partner with us to raise funds for families who are homeless. We are working out the details with them about selling raffle tickets at the Fun Fest and our shared booth. We will draw the lucky ticket prior to the fire works and the winner doesn't need to be present to win. We will also post the winner name on our website(s). Dakota Woodlands is therefore applying to hold the raffle on the fourth of July. The second is a small raffle is a part of an event that we've held for the last four years, but haven't done a raffle with the event in the past. I have consulted with the state's lawful gambling division. I learned that since the wonderful playhouse will be valued over $1500, we will need to carry permits for both of the events. (And any other events that might come up throughout the year) We are submitting our second application today, as well. The second event is our 5`h annual Flying Home Event. This year's event will be held at the Eagan Community Center on October 8, 2010. It is also a celebration of our 30'' anniversary. The event is a gala featuring live and silent auctions of packages of items including decorated birdhouses. We will be raffling a collection of wine and perhaps another item. If you have any questions, please feel free to contact me at (651) 456 -9110 or by email reyne(didakotawoodlands.orlz. Thank you for your time and consideration Fe Director Board of Directors 3D Revne Branchaud -Linsk - Executive Director President Vice President Secretary Treasurer Greg Clausen Sarah Cuthill Gina Foster Mike Grosso Scott Lynch Arch Mrkvicka Jodie Thellin Skyberg Sarah Pitzl Sam Endres Jacqueline Miller Sherry Ringberg Mike Robbins Gina Thompson Jenni Wood Our mission Is to empower homeless women to create stable futures for their families. DDakc ta W (JUJdLGind i 3430 Wescott Woodlands Eagan, MN 55123 (651) 456 -9110 www.dakotawoodlands.org May 12, 2010 Eagan City Council City of Eagan Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 City Council Members: Today, we learned of another wonderful opportunity for Dakota Woodlands. Bill Keller from the Green Mill of Eagan, has offered to do a benefit golf tournament for us on July 28`h. He wants to include a raffle. We'd be very grateful for your consideration of this request at your May 18`h City Council meeting as well. It is my understanding that the procedure for a nonprofit organization to apply for a state Application for Exempt Permit (LG220) to hold a raffle in the city of Eagan, includes your review of our exempt permit and acknowledgement that the gambling premises is within Eagan's city limits and a city official must sign the form. We hope that this raffle will pass without a waiting period and can be forwarded to the state. We've not run a raffle in the past. This year, we have three opportunities. In addition to the Eagan Fun Fest Lennar Homes opportunity and our Flying Home Event in October, we'd like your stamp of approval for this event. If you have any questions, please feel free to contact me at (651) 456 -9110 or by email re ne (a)dakotawoodlands.org. Thank you for your time and consideration Sincerel , R e Branchaud -Lips xecutive Director Board of Directors Revne Branchaud -Linsk - Executive Director President Vice President Secretary Treasurer Greg Clausen Sarah Cuthill Gina Foster Mike Grosso Scott Lynch Arch Mrkvicka Jodie Thellin Skyberg Sarah Pitzl Sam Endres Jacqueline Miller Sherry Ringberg Mike Robbins Gina Thompson Jenni Wood Our mission is to empower homeless women to create stable futures for their families. 31 Agenda Memo May 181h 2010 Regular City Council Meeting CONSENT AGENDA: H. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT 0902, ACTION TO BE CONSIDERED: To APPROVE change orders for Fire Safety Center Project 0902. FACTS: • At the March 16, 2010 Council Meeting, the Council authorized award of 20 contracts for the construction of the Fire Safety Center project. • Our Construction Management firm, Bossardt has spent additional time with each contractor that was awarded one of the 20 contracts and has value engineered each contract. • Bossardt is recommending the following change orders for three of the contracts. Additional change order savings will be presented as Bossardt continues to meet with the remaining contractors. • Minnetonka Plumbing has a delete of ($13,000) through value engineering and an addition of $40,000 for a water heat pump that was omitted from the bid documents. This equals an increase in plumbing of $27,000 due to water heat pump. • TCR Enterprises /masonry has a neat reduction/savings of ($92,424) through value engineering. • Crossroads Inc. /rough carpentry has a neat reduction/savings of ($9,935) through value engineering. • Summary: • Cost reductions for these three change orders= ($115,359) • Cost addition for omitted heat pump = $40,000 • Total savings with change orders = ($75,359) ATTACHMENTS: 3 Change Orders P9. 33 --35 The original Contract Value was ............................................................... ............................... 781,800 Sum of changes by prior Change Orders .................................................. ............................... 0 The Contract Value prior to this Change Order was ............................ ............................... 781,800 The Contract Value will be changed by this Change Order in the amount of .............................. 27,000 The new Contract Value including this Change Order will be ............ ............................... 808.8W The Contract duration will be changed by ................................................ ............................... 0 Days The revised Substantial Completion date as of this Change Order Is ..... ............................... Prolog Manager Printed on: 5/11/2010 Bossardt 33 Page 1 B(xssnNnrr CtntrouA1u>,v Piajessionul Construe don Senkes CELEBRATING 2SYEARS 8300 Norman Center Drive Minneapolis, Minnesota 55437 Phone 952- 831 -5408 Fax 952 -831 -1268 Change Order City of Eagan Fire Safety Campus Project # 0902 Tel: 612290 -6317 Fax: Date: 5/7/2010 Contractor: Architect's Project No: Minnetonka Plumbing, Inc. Contract Date: 520 River Street South Contract Number: 017 PO Box 1080 Change Order Number: 001 Delano, MN 55328 The Contract Is hereby revised by the following Items: PCO Item # Description Amount RCO- 004 001 Provide PVC piping In lieu of cast iron piping for the (13,000) underground drains Imes. RCO -006 001 Provide a water to water heat pump omitted in the project 40,000 documents. The original Contract Value was ............................................................... ............................... 781,800 Sum of changes by prior Change Orders .................................................. ............................... 0 The Contract Value prior to this Change Order was ............................ ............................... 781,800 The Contract Value will be changed by this Change Order in the amount of .............................. 27,000 The new Contract Value including this Change Order will be ............ ............................... 808.8W The Contract duration will be changed by ................................................ ............................... 0 Days The revised Substantial Completion date as of this Change Order Is ..... ............................... Prolog Manager Printed on: 5/11/2010 Bossardt 33 Page 1 B0SSAKDT CuttrAKATU)N Pm(esrirmnl Conunictim Sen4ces CELEBRATINd2�YEARS 8300 Norman Center Drive Mirmeopolis, Minnesota 55437 Phone 952- 831 -5408 Fax 952 -831 -1268 Change Order City of Eagan Fire Safety Campus 'Project # 0902 Tel: 612290 -6317 Fax: Date: 5/12/2010 Contractor. Architect's Project No: TCR Enterprises, Inc dba J ✓i K Masonry Contract Date: 15760 Acron Trap Contract Number: 002 Faribult, MN 55021 Change Order Number: 001 The Contract is hereby revised by the following items: PCO Item # Description Amount RCO- 002 001 Delete modular Thin Brick at Room 122. (24,923) RCO- 002 002 Delete all Burnished block except East Wall and Administration (9,650) Area. RCO- 002 003 Use Limestone color brick In lieu of Slone at the Apparatus (34,016) Bay west of Grid S. RCO- 002 004 Delete Precast Wall Caps. (14,731) RCO-002 005 Provide the same brick from Minnesota Brick. (5,904) RCO-002 006 Reduce number of Burnished block colors from 3 to 1. (1,600) RCO- 002 007 Delete row of Umestone at detail 14/A202. (1,600) Theoriginal Contract Value was ............................................................... ............................... 1,059,620 Sum of changes by prior Change Orders .................................................. ............................... 0 The Contract Value prior to this Change Order was ............................ ............................... 1,059,620 The Contract Value will be changed by this Change Order in the amount of .............................. (92,424) The new Contract Value Including this Change Order will be ................... ........................ 967,396 TheContract duration will be changed by ................................................ ............................... 0 Days The revised Substantial Completion date as of this Change Order Is ..... ............................... Prolog Manager Printed on: 5/14/2010 Bossardt Page 1 S4 The original Contract Value was ............................................................... ............................... 289,575 Sum of changes by prior Change Orders .................................................. ............................... 0 The Contract Value prior to this Change Order was ............................ ............................... 289,575 The Contract Value will be changed by this Change Order in the amount of .............................. (9,935) The new Contract Value including this Change Order will be ............ ............................... 279,640 The Contract duration will be changed by ................................................ ............................... 0 Days The revised Substantial Completion date as of this Change Order Is ..... ............................... Prolog Manager Printed on: 5114/2010 Bossardt Page 1 JUMARDT CORPORATION Prujearional Consiruclion Sen --iees CELEBRATING2�YEARS 8300 Nornwn Center Drive Minneapolis, Minnesota 55437 Phone 952- 831 -5408 Fax 952 -831 -1268 Change Order City of Eagan Fire Safety Campus Project # 0902 Tel: 612290 -6317 Fax: Date: 5/1312010 Contractor: Architect's Project No: Crossroad Construction, Inc. Contract Date: 1232 - 171st Lane NE Contract Number: 006 Ham Lake, MN 55304 Change Order Number: 001 The Contract is hereby revised by the following items: PCO Item # Description Amount RCO -007 001 Tactacle Wall changes: Reduce # of panels to 20ea. Reduce # (7,050) of doors to 3ea. Reduce # of Poles to 47ea. Reduce # of Breach Panels to 3ea. RCO-008 001 Delete the secure box assembly and the Singer workstation (2,885) from the Locker accessories. The original Contract Value was ............................................................... ............................... 289,575 Sum of changes by prior Change Orders .................................................. ............................... 0 The Contract Value prior to this Change Order was ............................ ............................... 289,575 The Contract Value will be changed by this Change Order in the amount of .............................. (9,935) The new Contract Value including this Change Order will be ............ ............................... 279,640 The Contract duration will be changed by ................................................ ............................... 0 Days The revised Substantial Completion date as of this Change Order Is ..... ............................... Prolog Manager Printed on: 5114/2010 Bossardt Page 1 Agenda Memo May 18, 2010, Regular City Council Meeting I. ACCEPT a donation of 400 books from Kay Brown Gustafson to be distributed to the community. ACTION TO BE CONSIDERED: Accept a donation from Kay Brown Gustafson of 400 copies of the book "Aunt Gussie and the Grandfather Tree" to be distributed to the community. FACTS: • Kay Brown Gustafson approached staff in early April to donate approximately 400 copies of her book "Aunt Gussie and the Grandfather Tree ". • The book tells a story inspired by the move of the Grandfather Tree now located in Central Park. It encourages children to follow their dreams and challenges them to think about environmental conservation. • The books are expected to be distributed as follows: o 150 copies will be distributed to the first 150 families to attend the 2010 Arbor Day event in conjunction with the Holz Farm Spring Festival on May 16. o The balance of the books will be distributed next year during Arbor Day activities to celebrate the 10`h anniversary of the transplanting of the Grandfather Tree. • The retail value of this donation is approximately $8,000. ATTACHMENTS: None 3 (D Agenda Information Memo May 18, 2010, Eagan City Council Meeting CONSENT AGENDA: J. Ordinance amendment regulating potentially dangerous dogs ACTION TO BE CONSIDERED: Authorize the city attorney to prepare an ordinance amendment to Chapter # 10 of Eagan City Code specific to Potentially Dangerous Dogs. FACTS: • The City of Eagan has an ordinance regarding potentially dangerous dogs in current city code. • Dogs declared potentially dangerous have developed a history of attacking other animals or humans. • Absent from the code is a method of controlling dogs that have been declared potentially dangerous. • Staff is proposing dogs declared potentially dangerous must be leashed, fenced in a yard, or otherwise confined to limit the risk of an attack. Attachments: N/A 37 Agenda Information Memo Eagan City Council Meeting Consent Agenda May 18, 2010 K. APPROVE PUBLIC MESSAGE AGREEMENT WITH CLEAR CHANNEL COMMUNICATIONS ACTION TO BE CONSIDERED: To approve a Public Message Agreement with Clear Channel Communications for the billboard located south of I -494 west of Pilot Knob Road. FACTS: • In 2007, the City approved an amendment of the City Code regulating signs to establish regulations concerning the placement and operation of dynamic signs within the City. While the images on a sign may be changed by a number of means, the enhancement of electronic technologies created the potential for frequent image changes that had the potential to create driver distractions and affect the safety of the traveling public. • In consideration of studies and ordinances enacted by other communities and with input from the industry, the City Code established a standard under which images on dynamic signs are to change no more than once in a 20 minute period. • Due to the smaller number and greater spacing requirements between offsite advertising signs (billboards), an exception was provided that would permit those signs to operate with images changes once every 8 seconds, if the owner of the sign met one of two conditions — eliminate one other billboard sign face elsewhere in the community to further the public purpose of capping and reducing the overall number of the signs or enter into a messaging agreement to provide the City with up to 5 hours (300 minutes or 2250 eight second spots) per month for use in communicating messages of the City's choosing. • At the time of the amendment, Clear Channel Communications had one dynamic sign in operation. While the sign installation preceded the implementation of the ordinance, Clear Channel has selected the messaging agreement alternative. On the basis of the model agreement drafted at the time of the ordinance adoption, staff and Clear Channel have prepared the agreement attached. It is being executed by Clear Channel and is in order for consideration at this time. ATTACHMENTS: • Agreement on pages through 01 PUBLIC SERVICE AND COMMUNITY MESSAGING AGREEMENT THIS AGREEMENT is dated 2010 ( "Effective Date "), by and between Clear Channel Outdoor, Inc., a Delaware corporation, ( "the Company ") and the City of Eagan, a Minnesota municipal corporation ( "the City "), and together collectively referred to as the "Parties." WHEREAS, the Company desires to have a dynamic display sign within the City pursuant to Eagan City Code Section 11.70, Subd. 28 (K)(4)(B); and WHEREAS, the Company has obtained and complied with all permit requirements for having a dynamic display sign with the City; and WHEREAS, the City desires to use up to 5 hours of advertising per month on the dynamic display sign pursuant to the terms set forth below. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the Company and the City intending to be legally bound hereby agree as follows: Allowed Signs. The Company shall be allowed to have within the City the enhanced dynamic display sign(s) as listed in Exhibit A, (the "Sign ".) The Company shall comply with all permit and zoning requirements not otherwise addressed in this Agreement. 2. Required Announcements. The Company agrees to reserve up to 5 hours (2250 eight- second spots) per month per for community and public service messages on the Sign The City shall be solely responsible for the design and development of the message. The City will provide the Company reasonable advance notice for any message it desires to be displayed. The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegate a beneficiary of this 1 paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. 3. Timing of Announcements. The Company shall deliver the community and public service messages for the City during the same time periods and in the same manner as its paid advertisers would be displayed. The community and public service messages shall be displayed as eight- second spots delivered throughout a 24 -hour period of time. The community and public service messages shall be incorporated into one of the 8 or 9 rotation segments and shall be displayed every 64 or 72 seconds, or at a similar rotation that correlates with a paid advertiser's schedule. The community and public service messages shall be distributed throughout a 24 -hour period and shall not be relegated to the midnight to 6:00 a.m. frame as the only time of delivery. 4. Unused Announcement Time. Display time not used by the City in any month will be forfeited, and will not carry into another calendar month. 5. Breach. If the Company fails to provide the community and public service messages as required by this Agreement, the City may, in its discretion, require the Company to limit the rotation of messages displayed on the Sign by requiring a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign, until such time as the Company provides the community and public service messages outlined in this Agreement. 6. Limitation of Liability. Neither Party shall be liable to the other Party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with the other Party's: (i) failure to perform its respective obligations pursuant to this Agreement; or (ii) breach of its respective representations pursuant to L46 2 this Agreement, including, but not limited to, loss of profits or revenue (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), cost of capital, or claims of customers, in each case whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including breach of contract, breach of warranty, negligence, or strict liability, all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. 7. Force Majeure. Neither Party shall be in default under this Agreement if and to the extent that any failure or delay in such Party's performance of one or more of its obligations hereunder is caused by any of the following conditions, and such Party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; wars, insurrections and /or any other cause beyond the reasonable control of the Party whose performance is affected. The Party claiming relief under this Article shall notify the other in writing of the existence of the event relied on and the cessation or termination of said event. 8. Alteration in Writing. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by the Company and the City. 9. Termination. This Agreement shall continue until the Company, or its assigns, no longer operates the Sign in a manner that allows public service messaging or in the event that Company sells the Sign. In the event the Company terminates operation of the Sign, it shall provide the City with at least ninety days notice prior to such termination in a manner that allows 41 3 for public service messaging. Should the Sign remain in existence following the Company's termination of operations, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 10. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows: The Company: Thomas McCarver Clear Channel Outdoor, Inc. 3225 Spring St. NE Minneapolis, MN 55413 with a copy to: The City: Marvin A. Liszt Bernick, Lifson, Greenstein, Greene & Liszt, P.A. 5500 Wayzata Blvd., Ste. 1200 Minneapolis, MN 55416 City of Eagan Tom Hedges, City Administrator Tom Garrison, Communications Director 3830 Pilot Knob Road Eagan, MN 55122 with a copy to: Michael G. Dougherty, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN. 55124 or to such other address as a Party may indicate in a written notice to the other. All notices and communications given under this Agreement shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States mail, postage prepaid, addressed as set forth above, or (iii) the immediately succeeding business day after deposit (for next day delivery) with Federal Express or other similar overnight courier system, or (iv) 24 hours after facsimile transmittal with confirmation of receipt and followed by personal delivery, United States mail, or overnight delivery as specified in this Paragraph. 11. Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota excluding its conflict of law rules. All proceedings related to this Agreement shall be venued in the State of Minnesota. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. THE COMPANY: THE CITY: Clear Channel Outdoor, Inc. City of Eagan M. Title: 4,3 5 By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk Agenda Information Memo May 18, 2010 Eagan City Council Meeting L. CONTRACT 09 -12, DIFFLEY ROAD & RAHN ROAD — INTERSECTION/ROUNDABOUT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order Nos. 4 & 5 to Contract 09- 12 ( Diffley Road & Rahn Road — Intersection/Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09 -12 provides for construction of a roundabout at the intersection of Diffley Road (County State Aid Highway 30) and Rahn Road, as well as the construction of a bituminous trail on the north side of Diffley Road from Rahn Road to Blackhawk Road. • On June 2, 2009, the City Council awarded Contract 09 -12 for these improvements. • Change Order No. 4 provides for a full and final settlement related to changes in excavation quantities and trucking quantities (ADD $9,650). • Change Order No. 5 provides for: o Adjustment of aggregate material in NE corner to provide improved drainage (ADD $697.24). o Removal of excess granular material at the south end of Rahn Road (ADD $627.82). o Regrading of aggregate material at driveway on Rahn Road (ADD $583.85). o Additional potholing of existing utilities in the NW corner (ADD $268.55). o Removal of bituminous pavement and regarding of aggregate material north of the east island (ADD $1,935.40). o Remove concrete curb and gutter along the north frontage road (ADD $956.13). o Contractual incentive for achieving specified density in bituminous pavement (ADD $1,221.05). o Contractual deduction for concrete material which failed to meet gradation specifications for the aggregate material (DEDUCT $275.00). o Portion of costs associated with the full closure of the intersection to allow placement of the final lift of bituminous pavement (ADD $1,500.00) • The change orders provide for a total ADD of $17,165.04 (1.79% of original contract). In accordance with the project agreement between the City and Dakota County, the County will be responsible for $8,615.77 and the City will be responsible for $8,549.27 of the cost. The City's cost of the additional work will be the responsibility of the City's Major Street Fund. • These change orders have been reviewed by the City's Engineering Division and Dakota County and found to be in order for favorable Council action. 49- Agenda Information Memo May 18, 2010 Eagan City Council Meeting M. CONTRACT 10 -05, FARNUM DRIVE STREETLIGHTS ACTION TO BE CONSIDERED: Award Contract 10 -05 (Farnum Drive Street Light Improvements) to Xcel Energy in the amount of $28,000 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Council authorized approximately $30,000 of streetlight improvements with the approval of the 2010 -2014 Capital Improvement Program (CIP) and 2010 operating budget. • Seven (7) existing streetlights in the Farnum Drive area and one (1) existing streetlight at the intersection of Coachman Road and Century Point have been identified for replacement. • An estimate of costs to replace the eight (8) existing lights has been provided by Xcel Energy since the streetlights are within Xcel's service territory. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The construction agreement with Xcel Energy has been reviewed by the Engineering Division and found to be in order for favorable Council Action. 44 Agenda Information Memo May 18, 2010 Eagan City Council Meeting N. CONTRACT 10 -10, SOUTH (CLIFF ROAD) WATER TREATMENT PLANT DIRECTION TO BE CONSIDERED: Authorize the preparation of plans and specifications by Bolton & Menk, Inc. for Contract 10 -10 (South Water Treatment Plant — Facility Upgrade & Maintenance Repair). FACTS: • On June 2, 2009, the City Council approved the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2010 -2014) and authorized the initiation of the public improvement process for the 2010 programmed improvements. The Water System Operations and Facilities portion of the CIP included the upgrade of the South (Cliff Road) Water Treatment Plant in 2010. • The proposed upgrade addresses the rehabilitation of the water treatment facility originally constructed in 1990. The project may consist of any or all of the following: restoration of the building interior and structure and water treatment process equipment; energy efficiency or waste reduction upgrades to the building envelope, HVAC system, electrical /lighting system, computer /automated operational controls and water treatment process equipment; surface treatment/protection (painting); worker safety enhancements; work station upgrades; chemical storage area modifications; regulated substance control; and security system enhancements. Modifications to portions of the water treatment process (i.e. equipment replacement or additions) may be included in order to provide operational efficiencies. • Although this plant is designed to process 16.0 MGD with 7 of the 8 filters in use, the introduction of polymer, a treatment settling aid, into the raw water before it is filtered has proved to have a detrimental effect upon the capacity of the plant. This polymer, in essence, clogs the filter media very quickly when large amounts of water are being processed. As a result, the plant can only comfortably provide 12 MGD on a maximum day. • The water treatment plant has been programmed to be shut down from October 15, 2010, to April 15, 2011, during lower water demand. In order to schedule this improvement work in a timely manner, it is appropriate to authorize the preparation of detail plans and specifications in order to solicit competitive bids. • Bolton & Menk, Inc. was retained as a General Municipal Engineering Consultant in January of 2008 as part of the City's Consulting Engineering pool selection process. They have satisfactorily performed a variety of municipal services for the City on projects in the past two years. A proposal to provide professional services for Contract 10 -10 has been reviewed by the Public Works Director and found to be in order for favorable Council consideration. q� Agenda Information Memo May 18, 2010 Eagan City Council Meeting O.CONSENT AGENDA: TELECOMMUNICATION ANTENNAE LEASE AGREEMENTS ACTION TO BE CONSIDERED: Approve Telecommunication Lease Agreements with Clear Wireless LLC for new antenna installations on the Deerwood, Sperry and Lexington - Diffley water reservoirs and authorize the Mayor and City Clerk to execute all related documents. FACTS: The City has received applications from Clear Wireless LLC for the installation of wireless antennae and related ground support equipment on the Deerwood, Sperry and Lexington - Diffley water reservoirs The applications and lease documents have been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be in order for favorable consideration of Council consideration. 9� Agenda Information Memo May 18, 2010 Eagan City Council Meeting P. STONEHAVEN/ CARRIAGE HILLS EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements and street easements within the former Carriage Hills Golf Course property (proposed "Stonehaven" development) and schedule a public hearing to be held on June 15, 2010. FACTS: • On April 20, 2010, City staff received a petition from Joe Jablonski representing Lennar Corporation, developer of the proposed "Stonehaven" development, located south of Yankee Doodle Road (County Road 28) between Lexington Avenue (County Road 43) and Wescott Woodlands in central Eagan, requesting the vacation of all public drainage & utility easements and street easements within the former Carriage Hills properties, currently unplatted and platted as Carriage Hills Clubhouse Addition. • Public easements were dedicated on the Carriage Hills Clubhouse Addition and acquired on the unplatted parcels at various times for public improvement projects and to provide for public drainage. • The purpose of the request is to allow the recording of a final plat of the property for the proposed Stonehaven development as a mixed -use residential development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The request would vacate all of the easements on the former Carriage Hills Golf Course property. The final plat would address all easements and right -of -way necessary for public road or easement purposes. • The final subdivision approval for the development is scheduled for consideration by the City Council on June 15, 2010. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and /or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page. �q N 3 0 3 N 0 Q UnIrr2EF )LONE OAK ROB M O Z Y alp Proposed Vacation Location � R YANKEE DOO LE RD. DIFFLEY z 4,Q- 6�)/ G2� 3�7—, CLIFF M 0 a W 0 fH��111 3 C "�f7p,, Stonehaven / Carriage Hills ti City Of Eap Proposed Easement Vacations Fig. 1 Engineering Department SD Location Map Agenda Information Memo May 18, 2010 Eagan City Council Meeting PUBLIC HEARINGS A. WESCOTT WOODLANDS RIGHT -OF -WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation of a 10' portion of the public right -of -way known as Wescott Woodlands, reserving the trail, drainage and utility easements, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • As part of the City Council's consideration of the Plan Development Amendment and Preliminary Subdivision application for the Stonehaven development, public discussion included inquiries from adjacent neighbors regarding their interest in the vacation of the portion of Wescott Woodlands that is unimproved and currently serves as a gravel driveway to three residences and a public trail connection to Wescott Hills Drive to the south. Said right -of -way is directly adjacent to the east boundary of the proposed Stonehaven development. • On March 3, 2010, staff received a petition from three residents, Don and Carol Hesse (3536 Wescott Woodlands), Tony and Lynn Vinge (3544 Wescott Woodlands) and Fred Wessel (3590 Wescott Woodlands), requesting the vacation of existing public right -of -way adjacent to their property, located south of the intersection of Yankee Doodle Road and Wescott Woodlands. • On March 16, 2010, the City Council received the petition to vacate a portion of the public right -of -way for Wescott Woodlands south of the proposed Duckwood Drive extension and scheduled a public hearing. • On March 29, 2010 the Dakota County Plat Commission took formal action to not require the connection of Wescott Woodlands to Wescott Hills Drive as part of the Stonehaven development. • The right -of -way was dedicated originally as part of the Wescott Gardens and Wessel Ponds Additions and connects the public rights -of -way of the improved portions of Wescott Woodlands and Wescott Hills Drive. • On January 18, 2000 the City Council considered the improvement of the unimproved portion of Wescott Woodlands, connecting the two existing street cul -de -sacs. After significant public discussion, the City Council determined that the cul -de -sacs would not be connected and eventually changed the name of the north cul -de -sac to Wescott Woodlands (formerly known as Wescott Hills Drive). • The portion of the Wescott Woodlands right -of -way proposed to be vacated accommodates existing public and private utilities, as well as serves as private driveways and a public trail. 51 • The expressed purpose of the request is to prevent a future connection to Wescott Hills Drive and discourage the practice of illegal activities within the right -of -way south of the existing Wescott Woodlands cul -de -sac. • The request would vacate the right -of -way, but reserve the drainage and utility easement for the existing and future utilities, as well as the public trail easement. • The use of the existing right -of -way as driveways for three private residences also accommodates the City ordinance requiring frontage of platted property to be adjacent to public right -of -way. Approval of the requested vacation would require the conveyance of driveway cross easements between the three property owners which conflicts with City ordinances requiring dedicated public right of way access to each individual property. • The vacation of only the most southerly portion of the right -of -way (10 feet adjacent to Wessel Ponds Addition) would still prevent a future interconnection to Wescott Hills Drive. The remainder of the right -of -way remaining intact would allow the driveway use to continue without conflicting with City ordinances. Any remaining issues with illegal activities or questionable activities within the unimproved right -of- way south of the existing cul -de -sac should be directed to the Police Department. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and City Attorney's office and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page. • Proposed Easement Vacation, page_ IVAM Q Wescott Woodlands Proposed ROW Vacation *City Of �B�iall Location Map Fig. 1 Engineering Department zn� a PROPOSED DUCKWOOD DRIVE EXTENSION T V) 0 a J 0 O O \ O U v) w 30' ® RIGHT -OF -WAY r TO BE VACATED PETITIONERS PROPERTY a 10' > Proposed vacation of street rights over the City of Eagan right -of -way described as follows: The south 10.00 feet of Wescott Woodlands as dedicated as Wescott Hills Drive on the plat of Wessel Pond Addition, Dakota County, Minnesota. #3536 HESSE e�5 Off' 5G VINGEe #3544 VINGE #3590 WESSEL 4 Ce �GFJ, �O s R. 3/11/2010 Wescott Woodlands ROW Vacation City of Eap Fig. 2 Engineering Department �� Vacation Exhibit