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.
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3
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UnIrr2EF )LONE OAK ROB
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Proposed Vacation
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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
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Wescott Woodlands Proposed ROW Vacation
*City Of �B�iall Location Map Fig. 1
Engineering Department
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® RIGHT -OF -WAY
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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
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Wescott Woodlands ROW Vacation
City of Eap Fig. 2
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