Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06/15/2010 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING June 15, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE e) II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) c� A. APPROVE MINUTES Pia B. PERSONNEL ITEMS It( C. APPROVE Check Registers {f? /5 D. AWARD additional Fire Safety Center construction contracts PIS E. APPROVE Shows Permit for The Old West Society of Minnesota and waive fees a3 F. AUTHORIZE contractual agreement for merchant services consulting with Better Business Solutions a4G. APPROVE staff as members of the Absentee Ballot Board Pita - - APPROVE Off -sale Liquor License for AlphaJKFoggEnterprises Inc., dba Black Diamond Wine & Spirits located at 525 Diffley Road #2050 �I. APPROVE Off -sale 3.2 Percent Malt Liquor (Beer) License for G & M Petroleum Inc., dba Sinclair Dino Mart located at 1815 Diffley Road ?ai J. APPROVE Tobacco License for G & M Petroleum Inc., dba Sinclair Dino Mart located at 1815 Diffley Road f gi? K. APPROVE Joint Powers Agreement with Dakota County for Pavement Striping (City -Wide) L. AWARD Contract 10 -01, Blackhawk Road / Kennebec Drive (Street Improvements) 31 M. APPROVE request for extended work hours, Cliff Road overlay (Dakota County) �33 N. APPROVE Final Payment for Contract 09 -07 (Phase II, Storm Water Management Plan — City -Wide Storm Sewer Improvements) P 3� O. APPROVE recording extension for Cedar Grove Park and Ride Plat {�3�( P. APPROVE Community Service Messaging Agreement with Clear Channel Q. APPROVE recording extension for The Oaks of Bridgewater 3rd Addition �IaR. APPROVE Change Order #1 to the Civic Arena geothermal project to add a screening fence around the '70 chiller located outside the Eagan Civic Arena - 9 S. AWARD the bid for a replacement ice resurfacer for the Eagan Civic Arena to Frank J. Zamboni & Co., Inc. f' 3DT. ACCEPT donation of $200 from the Rotary Club for the Police and Fire Departments U. ACCEPT the resignation of Guillermo Etienne from the Energy and Environment Advisory Commission S3V. CANCEL the July 13, 2010 Special City Council meeting and SCHEDULE a special City Council Meeting on July 27, 2010 Pc�W. Approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail "' �I Improvements) V. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT VI. PUBLIC HEARINGS A. EASEMENT VACATIONS — Carriage Hills Golf Course (Stonehaven) and Final Subdivision and Final Planned Development for Stonehaven 1St Addition U B. VARIANCE — Jon Springer — A Variance of approximately 3 feet to the front yard setback to allow a `f covered front step located at 845 Govern Circle. VII. OLD BUSINESS VIII. NEW BUSINESS IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT City of 6 demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 11, 2010 SUBJECT: AGENDA INFORMATION FOR JUNE 15, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 15, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 15, 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 June 1, 2010 Regular City Council meeting and May 11, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes f the June 1, 2010 Regular City Council meeting are enclosed on pages through V. • Minutes of the May 15, 2010 Special City Council meeting are enclosed on pages through. 21 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 1, 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. Margo Danner, from the Eagan Lioness Club, spoke to the City Council regarding the City's participation in partnering with the Eagan American Legion and Eagan Lioness Club in a community project to erect a tribute and memorial in Eagan recognizing hometown heroes. A regular meeting of the Eagan City Council was held on Tuesday, June 1, 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 Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Mike Dougherty and Acting Recording Secretary Mary O'Brien. AGENDA City Administrator noted the need to add Consent Item Q. to the agenda; Set August City Council Workshop. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 18, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees in the Parks and Recreation Department as follows: Kathryn Brueggemann, Coordinator; Lindsey Olson, Guest Services 1; Blake Westling, Thomas Clawson, Kristin Bruner, Pool Attendant 1; Ryan Marks, Charles Williams, Dan Rangitsch, Allen Mestad, Michael Thompson, Landscape Crew Laborer; Cody Johnson, Katie Merkley, Leah Ehret, Park Attendant; Michael Podpeskar, Jennifer Schoenecker, Matt Bailey, Park Laborer; Matthew Steele, Park Maintenance; Chelsea Eaton, Mark Hannasch, Jenni Harms, Anthony Lutovsky, Hilleary Reinhardt, Tennis Assistant; Brien Donahue, Nicole Fischer, Sam Reinhardt, Tennis Instructor. C. It was recommended to ratify check registers dated May 13, 2010 and May 20, 2010 as presented. D. It was recommended to approve a Tree Maintenance Contractor License for Dan Greenwaldt, Greenwaldt Tree Service, 21553 301h Avenue, Randall, MN 56475. E. It was recommended to approve the fireworks permit for RES Specialty Pyrotechnics Inc. and waive the license fee as requested by the July 4th Funfest Committee. F. It was recommended to approve the temporary on -sale liquor license and waive the license fee for the Caponi Art Park for a book launch event to be held on June 19, 2010. G. It was recommended to approve the off -sale liquor license for Chamroeun Ung, dba MT Liquory located at 1629 Lena Court #105. City Council Minutes June 1, 2010 Page 2 'DP4 fir H. It was recommended to approve a Final Subdivision (Lindstrom Acres 2nd Addition) of two lots upon 3.76 acres, which relocates the lot line upon 2950 and 2953 Skyline Drive. I. It was recommended to authorize the preparation of an amendment of the City Policy regarding Housing Improvement Districts to conform to statutory amendments enacted during the 2010 Legislative Session. J. It was recommended to authorize the preparation of an application for the designation of the Cedar Grove Redevelopment District as a Transit Improvement Area. K. It was recommended to authorize preparation of DEED Redevelopment Grant Application for infrastructure improvements in Cedar Grove Redevelopment District. L. It was recommended to direct the preparation of a City Code Amendment for the regulation of the location of outdoor boilers. M. It was recommended to direct staff to initiate a Comprehensive Guide Plan Amendment and Rezoning for City -owned property located at 2980 Lone Oak Circle. N. It was recommended to approve specific additions and modifications to the 2010 -2011 Winter Trail Maintenance Program as endorsed by consensus at the May 11 Council Workshop. O. It was recommended to approve a Joint Powers Agreement with Dakota County for Traffic Signal Revisions at Diffley Road and Blackhawk Road (Contract 10 -01) and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve a license to sell tobacco products for Chamroeum Ung, MT Liquory, 1629 Lena Court #105. Q. It was recommended to set the August City Council workshop date to Monday, August 9, 2010, and cancel the August 10, 2010 date previously set. PUBLIC HEARINGS VARIANCE —1482 PINETREE TRAIL (BLAINE HERDEGEN) City Administrator Hedges introduced this item regarding a request for a Variance to exceed the maximum 20% building coverage by 1.7% for property located at 1482 Pinetree Trail. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. Blaine Herdegen of 1482 Pinetree Trail, Eagan, explained his need for a variance of 1.7% noting the growth of his family and his home being on a corner /curved lot. There being no further public comment, Mayor Maguire turned discussion back to Council Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve a variance to exceed the maximum 20% building coverage by 1.7 %, for property located at 1482 Pinetree Trail, legally described as Lot 3, Block 2, Walden Heights, 2 "d Addition, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall obtain a building permit prior to construction of the addition. 3. The Applicant shall identify the property line and verify compliance with required setbacks at the time of the footing inspection. 4. The addition shall be constructed of exterior materials to match the existing structure. 4 a City Council Minutes June 1, 2010 /q 7 Page 3 ! AMENDMENT TO 2010 FEE SCHEDULE City Administrator Hedges introduced this item regarding an amendment to the 2010 Fee Schedule for State surcharge on permits and printing charges for color copies. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to Council. There was a brief discussion by Council regarding the charge for colored copies at the Community Center. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and amend the 2010 Fee Schedule as follows: Increase State surcharge on permits from $.50 to $5.00, effective July 1; and add fee for color copies (8.5 x 11) of $1.00 per copy, effective immediately. Aye:5 Nay:0 There were no items of Old Business. OLD BUSINESS NEW BUSINESS CONDITIONAL USE PERMIT — SUPERIOR GOLF CARS City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow outdoor storage of golf cars, car carrier trailers and semi trailers on property located at 3640 Kennebec Drive, noting the Advisory Planning Commission held a Public Hearing on May 25, 2010 and is recommending approval. City Planner Ridley gave a staff report and presented a visual of the site referencing locations of the golf carts, trailers and storage areas. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outdoor storage of golf cars, car carrier trailers and semi trailers on property located at 3640 Kennebec Drive, legally described as Lot 5, Block 2, Cedar Industrial Park, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall submit a revised Site Plan by June 15, 2010. In addition to the information provided on the plan dated April 30, 2010, the revised Site Plan shall also depict parking stall locations for customers and current/future employees. 3. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2010. 4. The outdoor storage shall be limited to 140 golf cars and nine trailers, and storage shall occur in the designated areas as indicated on the Site Plan dated April 30, 2010. 5. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on -site parking must be provided within one year of notice to the Applicant or its successors or assigns; or the trailer storage parking shall be terminated. 6. Details of a 100% opaque 8' fence to screen the outdoor trailer storage from public right -of -way shall be provided for review and approval by city staff no later than July 1, 2010 and installed no later than August 1, 2010. 7. The applicant shall submit a Landscape Plan for approval by City Staff no later than July 1, 2010 and installation of the landscaping shall be completed by October 1, 2010. 8. The applicant shall store trash /recycling containers inside the building or in an enclosure that meets City Code requirements and is constructed no later than August 1, 2010. 9. City Code violations pertaining to expired license tabs, non - licensed trucks, outdoor display of golf cars and outdoor storage of pallets and tires shall be corrected immediately. City Council Minutes June 1, 2010 Page 4 5 YEAR CIP — PART III, PUBLIC WORKS INFRASTRUCTURE (2011- 2015) City Administrator Hedges introduced this item regarding the 5 year Capital Improvement Plan for Public Works Infrastructure Part III. Public Works Director Colbert gave a staff report, noting that a draft of the plan had been presented at a Council workshop on May 11. He further noted the total 5 year CIP amounts to $60.1 million and consists of 65 projects throughout the City; including signal modification, intersection improvements, overpass, streetlight maintenance and upgrade, overlay reconstruction, seal coating and water main, storm main and water quality improvements. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2001 -2015) and authorize the initiation of the public improvement process for 2011 programmed improvements. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFARIS UPDATE There were no items for discussion. There were no items requiring action. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:07 p.m. Aye:5 Nay:0 Date L0 Administrative Secretary / Deputy Clerk L MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 11, 2010 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CAMPUS I. ROLL CALL AND AGENDA ADOPTION City Council members present: Mayor Maguire, Councilmembers Bakken, Fields and Tilley. (Councilmember Hansen not present) City Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Superintendent of Utilities Schwanz, Superintendent of Streets Struve, Community Delevelopment Director Hohenstein, Water Resources Coordinator Macbeth, Parks and Recreation Director Johnson and City Engineer Matthys. Also present was Assistant City Attorney Bauer. I. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order. City Administrator Hedges requested that the Council consider discussing a request from McNamara Construction under Other Business. Hedges also noted that a Closed Session would be needed regarding a special assessment for Highway 149. City Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda with the additions. Aye: 4, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. TH 77 MANAGED LANES CORRIDOR STUDY UPDATE City Administrator Hedges introduced the item noting that MnDOT, in cooperation with numerous agencies, was exploring feasible alternatives to maximize and /or temporarily reallocate available lane capacities in the Highway 77 corridor from McAndrews Road (County Road 38) in Apple Valley to I -494 in Bloomington. Hedges added that MnDOT has received federal grant money to conduct a more detailed comprehensive study of the "Contra Flow Concept," which incorporates a movable barrier as well as combinations and variations of High Occupancy Vehicle (HOV lanes), Bus Rapid Transit (BRT) and Paying Single Occupant Vehicle (Toll) dedicated lane techniques as the guiding principles. Special City Council Minutes May 11, 2010 Page 2 Public Works Director Colbert introduced representatives of MnDOT and SEH, who provided a presentation regarding the TH 77 Managed Lanes Corridor Study. The representatives noted that a public open house is scheduled to be held in Eagan at the ISD 191 Alternative High School (former Cedar Pond Elementary School) on May 13, 2010 at 4:30 p.m. The City Council discussed the presentation and dialogued with the representatives of MnDOT and SEH regarding overall traffic on TH 77. IV. WINTER TRAIL MAINTENANCE PROGRAM REVIEW City Administrator Hedges introduced the item noting that in 1998, the City Council adopted a Winter Trail Maintenance Plan that allows the Council to annually review and reconsider the extent of the trail system that is maintained during the winter months. Hedges noted that this review has been directed to be performed at the first available workshop after April 1 of each year. Public Works Director Colbert highlighted the one citizen petition and five new trail segments built in 2009 to be reviewed by the City Council. The City Council discussed Citizen Petition 91, which was a petition received from residents living new Wescott Station Park, requesting winter maintenance to the "loop" trailway inside Wescott Station Park. Mr. Colbert noted that the petition was submitted with the hope that the trails would be maintained for recreational access /purposes. The City Council discussed the petition. A citizen addressed the City Council with a request that the trail system be plowed. The Council noted that the request was for recreational purposes as opposed to transportation purposes. The Council discussed the possibility of the residents working together to contract for the snowplowing and requested that Parks and Recreation Director Johnson look into whether any models exist to have a private contractor provide this service. The Council inquired what the liability for the City would be under such a program. The Council asked that this research be brought back to a future Council workshop for further Council discussion. Pending further research by staff, Councilmember Fields moved, Councilmember Tilley seconded a motion to deny Citizen Petition #ldue to lack of consistency with the petition criteria for a winter trail maintenance of sidewalk and trailways. Aye: 4, Nay: 0 Public Works Director Colbert summarized the five new trailways that were established in 2009. Councilmember Bakken moved, Councilmember Fields seconded a motion to deny New Trail request #1 (north side of Towerview Road between Pilot Knob Park and Pilot Knob Road), New Trail #4 (south side of Opperman Road between the YMCA driveway and State Highway 149) and New Trail #5 (west side of Dodd Road, north and south of March Court). i Special City Council Minutes May 11, 2010 Page 3 Aye: 4, Nay: 0 Public Works Director Colbert described New Trail #1 (north side of Diffley Road between Rahn and Blackhawk Road). Colbert noted that this trailway meets the Winter Trail Maintenance Policy criteria for major arterial roads. Upon City Council discussion, Councilmember Bakken moved, Councilmember Fields seconded a motion to add New Trail #1 (north side of Diffley Road between Rahn Road and Blackhawk Road) to the Winter Trail Maintenance Program, and discontinue trail plowing on the south side of Diffley Road between Blackhawk Road and Rahn Road. Aye: 4, Nay: 0 Public Works Director Colbert provided an overview of New Trail #2 (north side of Gold Trail between Cedar Grove Parkway and the first "bubble" to the east on Gold Trail). The City Council discussed the new trail noting that the development is intended to be a transit oriented development. The Council suggested that perhaps the City might wish to consider new criteria in the future pertaining to transit oriented developments, particularly along collector and arterial roadways. Councilmember Bakken moved, Councilmember Tilley seconded a motion to deny New Trail #2 (north side of Gold Trail between Cedar Grove Parkway and the first "bubble" to the east on Gold Trail). Aye: 4, Nay:O V. PUBLIC WORKS DEPARTMENT 5 -YEAR CAPITAL IMPROVEMENT PROGRAM (PART III — INFRASTRUCTURE) The City Council recessed at 7:10 p.m. for a short break. The City Council resumed at 7:25 p.m. City Administrator Hedges introduced the draft 5 -year CIP. Public Works Director Colbert provided an overview and summary of the proposed CIP. The City Council discussed the proposed CIP, including long -term maintenance needs for bridges and the status update on the Long Meadow Bridge. The Council also discussed a potential pilot study for LED street lights. Public Works Director Colbert noted similar studies done in other communities. Colbert added that in doing research with Xcel and Dakota Electric, the cost savings do not appear to justify the cost for the installation of the LED lights. It was suggested that the results of the LED study be shared with the new Energy and Environment Commission. Special City Council Minutes May 11, 2010 Page 4 The City Council discussed long -term financing of City projects, and requested that the Finance Committee discuss future financing of all City projects including CIP items after the financial report is presented to the Council in June. The City Council further discussed the proposed five -year CIP and directed staff to bring the CIP to the June 1, 2010 City Council meeting for formal consideration. VI. STORM WATER UTILITY FEE & WATER QUALITY ADJUSTMENT NEEDS City Administrator Hedges provided an overview of the item, noting that the City is celebrating the 201h anniversary of the City's adoption of a Comprehensive Water Quality Management Plan. Hedges added that in 2009 the Council authorized a detailed analysis of all utility user rates by the financial consulting firm of Springsted. As part of the review of the storm water utility fee, an evaluation was performed to determine if some type of pollutant loading surcharge would be appropriate and necessary based on increasing Clean Water Act mandates. Hedges added that the analysis indicated that the current rate, with some annual cost of living adjustments, was adequate to maintain the program for the foreseeable future. Hedges also noted that the original rate established a Residential Equivalent Factor (REF), which continues to be used as the basis for determining the Storm Water Utility Fee for all land use classifications of property within the City. Hedges noted, however, that the analysis also revealed that a disparity has evolved over the years between the different classes of land uses when comparing the volume of runoff generated to their respective utility fee contributions. This has identified the need to apply some type of Equity Adjustment Factor (EAF) to all land uses to insure that each type continues to pay its proportionate fair share. Public Works Director Colbert and Water Resource Coordinator Macbeth provided an overview of the issue surrounding the Storm Water Utility Fees and proposed Equity Adjustment Factor. The City Council discussed the matter and voiced their consensus with the Equity Adjustment Factor proposed. At the request of Councilmember Bakken, the City Council requested that research be brought back to a future Council workshop with regard to assessing a fee to paying customers that would compensate for the park, vacant, and right -of -way land uses that currently are not paying storm water fees. VIII. OTHER BUSINESS The City Council changed the order of the agenda in order to consider Other Business prior to the discussion regarding conservation easements. City Administrator Hedges noted that MnDOT has prepared plans and specifications for the reconstruction and resurfacing of Trunk Highway 3 from just south of County Road 42 in Rosemount to TH 149 in Inver Grove Heights. Hedges noted the project includes all of TH 3 I� Special City Council Minutes May 11, 2010 Page 5 within the limits of Eagan. MnDOT has awarded the contract for the project to McNamara Contracting, Inc. Hedges added that on the May 10, 2010, City staff received a letter from the contractor requesting that his construction forces be allowed to work 24 hours a day, Monday — Sunday. Mr. McNamara noted that the original schedule proposed is being requested to be changed in order to allow construction to occur from May 15 through May 27. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the revised construction schedule from May 15 through May 27, and allow work to occur 24 hours a day throughout the approved time period. Aye: 4, Nay:, 0 VII. CONSERVATION EASEMENTS & ENCROACHMENTS City Administrator Hedges introduced the item noting that as a condition of development approval, the City has required the dedication of conservation easements over environmentally sensitive areas of plats. Hedges added that the purpose of the conservation easements are to protect the pre- development character of the area and to allow it to remain in its natural state for the benefit of the general public and the adjacent property owners. Public Works Director Colbert provided an overview on the conservation easements currently in place within the City of Eagan. Colbert added that as a result of routine compliance inspections and proactive education efforts over the past several years, City staff is discovering that some property owners have either already violated the terms of the conservation easement with an existing encroachment, or expressed an interest to do so in the near future. Mr. Colbert inquired with the City Council as to the level to which the Council would like staff to investigate, enforce, and educate the public with regard to conservation easements. The City Council reviewed four potential options with regard to enforcement of conservation easements. The Council provided direction to proceed with the option of "Compliance Enforcement ". Under such a practice, staff would conduct routine inspections and administratively mandate a scheduled compliance action for restoration of the property to its natural conditions. The Council voiced their consensus that under this policy, a property owner would have the right to appeal directly to the City Council should there be a disagreement over compliance with a conservation easement. The Council also directed that correspondence be sent to all property owners who have conservation easements on their property to educate them regarding new regulations of such easements. The Council also suggested that conservation easement compliance would be a potential future topic to include in the Experience Eagan Newsletter. Special City Council Minutes May 11, 2010 Page 6 IX. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:00 p.m. Aye: 4, Nay: 0 The City Council adjourned into a Closed Session. �a Agenda Information Memo June 15, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks, Recreation, Utilities & Forestry divisions. Name Division Job Title Benjamin Bercher Cascade Bay Building Attendant III Shelby Favorito Cascade Bay Guest Services I Stefan Decker Cascade Bay Guest Services I Hailey Johnson Cascade Bay Pool Attendant I Drew Ronchak Cascade Bay Pool Attendant I Evan Gittus Cascade Bay Pool Attendant I Abby Guetzlaff Forestry Landscape Crew Laborer Jennifer Piskor Forestry Landscape Crew Laborer Joseph Carchedi Parks Ballfield Attendant Matt Carchedi Parks Ballfield Attendant Ryan Wall Parks Park Maintenance Sarah Larsen Parks & Recreation Site Coordinator Ryan Mehlberg Utilities GIS Intern Dwayne Holtz Utilities Utilities Maintenance- Seasonal Patrick Smith Utilities Utilities Maintenance- Seasonal Agenda Information Memo June 15, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 27, 2010 and June 3, 2010 as presented. ATTACHMENTS: • Check registers dated May 27, 2010 and June 3, 2010 are enclosed without page number. /4 Agenda Information Memo June 15, 2010 Eagan City Council Meeting D. AWARD ADDITIONAL FIRE SAFETY CENTER CONTRACTS (FIRE SAFETY BUILDING & FIRE STATION NO. 2- BUILDING CONSTRUCTION) ACTION TO BE CONSIDERED: TO AWARD FIVE ADDITIONAL NEW CONTRACTS FOR THE CONSTRUCTION OF THE FIRE SAFETY CENTER. FACTS: • On January 19, 2010 the City Council authorized staff to advertise for bids for the construction of the Fire Safety Center. • On March 16, 2010 the City Council authorized award of 20 contracts for the project and authorized rebidding an additional 6 contracts. • On April 201h Council authorized award of the bid for Rough Carpentry /Accessories, contract 0610 and the cancelation of the original low bidder for the for Metal Doors, contract 810 and authorization for award of contract for the second lowest bid for contract 810. • The remaining 5 contracts have been rebid and our consultants and Staff are recommending award of the following: • Contract 0750- Roofing and Metal Panels • To: Thelen Heating & Roofing Inc in the amount of $344,000. • Contract 0930- Tile • To: Advance Terrazzo & Tile Co. in the amount of $61,200. • Contract 1230- Manufactured Casework • To: Aaron Carlson Corporation in the amount of $186,023 • Contract 3200- Landscaping • To: Cedar Ridge Landscaping in the amount of $97,252 • Contract 2600- Electrical • To: Schammel Electric in the amount of $602,950 • Approval of these five contracts brings the total contracts to the final number of 26 contracts for the Fire Safety Center. ATTACHMENTS: • Attached on pages 14p through � is a copy of the bid summary listing the contracts related to construction of the Fire Safety Center /Fire Station Two. 15- O N U 13 C r Q � 0 W w z U paU a O N zw 0 Z V) w U a— G J W W p J W Q IX u LL U O ga Z 0 U o'I a a U U a w' W � LL � U N H U Q Z CL IL O v ~ W O ' 00 m O w Co c0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ac) O O O O O (0 00 C) 0 0 0 0 0 W U ('1 It w w w w a w U Q) z W to O w O H M w C4 N w w (n w V0 f N ONi N to fN0_ O O O Oct n N N_ O. a 00 (n Obi O Y u< W U )n r > > M V)N 69 64 w "9 w ww win ifl in Hw Hw U = � LIMIAU w LL 0 F CO) 0 wHHwH t17 <fl V7 F LL: U $Nin° ` 0 n °go(vgSS°°rnNow"S a ga Z 0 U o'I a a U U a w' W � LL � U N H U Q Z CL IL O v ~ W O ' 00 m O w Co c0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ac) O O O O O (0 00 C) 0 0 0 0 0 w N w O w w O w w w 6116-1. w w w w w 0 w w w w w h w w ('1 It w w w w O � O O c? N U Q) N 00 N to to r- O) to O w O H M w C4 N w w (n w 0 0 (D CO v O M N n w w C 8 S_ O ONi N to fN0_ O O O Oct n N N_ O. a 00 (n Obi O O. to w w Lo O I- a) o to n 00 {(pp N et M M O0 c� tti M N h co )n M n OM N N (0 M CD O N 01 N h pp N w 69 - O 00 W) (n w M N M H H Cl) w w w OD 69 w M M VM ! Of w 69 64 w "9 w ww win ifl in Hw Hw tC H w w oiflo v ootnc0000000000c3000000 000 0 0000 69 (14 w wwO) U wwwwwwwwwwOwwwww 69 49 O 1 N O wHHwH t17 l0 $Nin° ` 0 n °go(vgSS°°rnNow"S a °rn SM S 5 oO(o0c q� 7 ( tn v v o 0o rl o 0) o tri r, co w m co co v ri V) N r (o i i ri (1) � ' v M M N t, N O) Y t- O 00 CO O O) 00 to (n w N M w w w 00 M w (O w M w-0 00 M O w w w w 69 w w w O H H H 0 0 o v o o 6 o 0 0 o o 0 o 0 o o 0 0 o o 0 o o o o o o$ H rn o 0 0 0 w w w w� w 69 Cl) w w w w w w w w w w w w 8 w w w w w w w 0 M w w w CA (11 r-: 1.6 O cn (r) N (.7 H M w v N SN D O � O N w H S O) N(O 1� O O D OO 0 0 O M M O (M � 0 N O co W (n O W O Lc) n 00 (0 N a M 00 V (n M N f� (O M h It M M N )f) M 00 N O) N h In (D (n r e� h aD 00 O O) 00 N M T M .- In (n H O M N w w M H H w w w h In H "Co (D w to w w w w w w w H w w w w w w H H O w w w w J F-' z p 0 CC W m J U OJ z Z Q Z m U 0. N O Z z° Q LL Z O s m�� z m o ZOO. O �' Q w F- F- Z Q Q W r W w o z m o 0 U cr w Q w a w Q O w g 0 Q 6''►w- Z o5 o o m O O 0 0 a W w w z H W w J XUm O� }3}QOz °ooQoowaw0ZZ c�W0QOOo ►- ��►-F- W W to W I - �� ILJ W W Z VUY�Jg0w(nO��000 F- of z w U cn w o W x O z 2 z w w w z ag Q Q Q Q Q -jLU gOW W ZwM0 >Jz =Z�Z�(~)w18coc z z (nU)UUivi(Ui) �t(1) c'.) oY,0Omw °Q =�iuvi(D2CLW cvncwi *00 WO mmmmm u F- J Q 0 z (� W Z F J a Q (n W W Z F- 0w02 W w w z � a z O— U 0 00 J U O z O F- HOwawlwwa =oN0 zz w z m c~>c~�o �N zz wa�U)U)w,Qr1 W�o� $ ° �gwc°� a o��oo U J J J a O F J Q W W °DN LL F- W a. V FW �Dm�QD N400 F U5<UU a v O Z LL o? J Z O ,� O O Z� 0� U Q O 0 0 0 to > O Z U z U U LL J Z Z Q J z m Q a Fa Q Q w U W 2' w U H m U U W W W � Q U) W Z U F-U U���OOOdj WtAW W �UHd0O WDp z ztA2Z2 OOQOOJm d W QdJ%J >wW J Qrj� 3 OZW 00 FO L) (ncnw0O oUQOF-Wa0 LL 0. F- F -w�ULL LL 0 000:UU pppp O y O O O N O O O O M � O} O O t(op O N O O O O (n O O O O O N M a (A to (O n W 0M0 a0 ON) 0 O) 0 O a 0 N M M (0n (00 N N O O 0000 o 0 0 0 0 0 0 0 0 0 0 0 r- — N N N N N N M- /1 O T O W. W O (0 00 n (o w m u) (l M r` N W w r) ri v (X) M O) (O O) W ( w (n N O U Z O U z O U K II y z m m i U O O w `y N � O Q a C t0 �11 11 4 a 0: W w a, U Q W� LL N N H U Q M O IL Qada0 W W m O w W z O p 1L U a t, to z w O � W N a— O J W N p J jwQ ix w o w (n QO UO U, (" i W w j U LL r) 0 0: O F Z 0 U z O a L) W O U 9u) OV U O O O O O 0 0 0 0 0 0 0 O O I (A O O w to to w w <I w w w w O O w M N O t0 w w c7 O to w t0 O w �t) N N c0 c0 n w w w w w O O O O O O O O OO O O O O .- O pppp �- O O O M lc)lc,) S w 0 0 100 S O w tO S w w w f� c'! O— w 0 0— O r M to to 10 t0 M h to O O M 10 t0 0 O O 01 .- N w N w w w w � •- r- 0) M 0) 00 t` (q ww w °° N' N NNN N ow w u°► 0w ow .. ow ow ow w ow ow ow ow ew w w wlm LO I00 0 O060 00 0o 0 0O°0�rr0S0Sw0°0u�0Sw0w000n. - r00ig0m.-40 00 0 O °ors co tv M to 1n t0 t'7 w 0) N N w w w 'A w w w W w to O w w th •- 10 w N ui N N "" w N Of O O M O M N w w 0 0 0 0 0 0 0 0 0 0 Ci S O .- S S a1 0 0 o w w in w 60 C) (n 0% 40.). 69 O Q wt0 N C1 to w 169 44 O O In N t0 O R N tv " w - C6 00 in v1 O O O O O O O O O O O O O O O O O O O o w o 0 0 0 o w o 0 0 0 1n o 0 0 1n w o O O O I p 0 1r) 0 0 t0 w 1n 0 0 0 O m to N V O t0 M r, N N t0 O co N N M w N w Nw w w w w w w Nw #A h N w w w F UUUUZ Z,ZZZ ZZQ ww������c����c��� xxxxmNmmlgi ugzozl�i uQ1az QQQQOFOOOOWWOOOW W W W W O C C H H w tN �ncncnv�UZUUUUtncnUU�o. rn Q w CL F N W U)Z! - n gzw U Q Fm W W Z oagotl U J a s U LL 4a O Z W m ~ zz O 0W W- WCO Z WOW W1-Z FaiZ0 0. U LL LL W J Z m w~ w w 0 W w~ LL ot% LL x LU ZUUU0§ 2 W>v) 5wm W W WW OO O~ 0 w U W m z x a U w z a Q LL a O z 0 =ZxOQN8W W WF3O W OJZtn v,000w000w as U� wxz WWWWWw w 50► ?<55aa wxz w Q Q Q C? Ci m J (n m N to > m m N �, O F LL 0 w w N N u 100 t2 w S 0 N U C Z U 0 1- Z U H O Z t O U , IL z i Q O F O D L M � L O U, U L a; O V h — 114,00 r r M w a W N o 00 w A w O w Iw NI F- 1- t- F F-w W w to N W U 09000 0) z �C.)Z mzamca Z O Q z W> h W = 0 w - v a a m Agenda Memo June 15, 2010 City Council Meeting CONSENT AGENDA: E. Shows License, and Waive Fees for Old West Society of Minnesota ET41 Y 11RD ICI] 13 BKO11MR] 111 11.l 1113 Approve Shows License and waive fees, for the Old West Society of Minnesota's appearance in the July 4th Funfest Parade and for onsite camping /performances at Eagan Central Park FACTS: • The Eagan Funfest has invited the Old West Society of Minnesota (OWSM) to participate in the 2010 Eagan Funfest. OWSM would like to participate in the parade, assemble an 1860 -era camp onsite and provide interpretive performances for the public. Part of the performance includes the discharge of blank ammunition. • The following conditions be met: • OWSM provide proof of insurance in the event their activities generate legal action. The City may request to be added as an additional insured for the dates of the events in the City • A police officer inspects their weapons prior to the parade /performance • The organization informs the police where gunfire will take place along the parade route • OWSM agrees to these conditions ATTACHMENTS: • OWSM completed application for Shows Permit, included on page I Cl • A written request from the OWSM to waive fees, included on page. • OWSM certificate of Insurance listing the City of Eagan as also insured, included on pages • Corres ondence from the Eagan Police Chief to OWSM regarding findings is attached as page3a . • The applications are available for review in the Administration Department. %;W1 Al $50:00 Investigation Fee 525.00 License Pee CITY OF EAGAN APPLICATION FOR SHOWS LICENSE (Shows: public show, movie, caravan, circus, carnival exhibition, theater) I, %/OM AS I&L hereby make application for a /A[& _ape of show ` r� license from the City of Eagan, which will take place o during the hours of A5 7-he s� /,¢ U��'� d h ours at The purpose of this event is: %Q �Pt. 2LL t-S of 15A name of organization Names and addresses of corporation officers: name �A.4, -- phone Person in charge of event: name address phone Please give a detailed description of the proposed -P � y P Police Approval I 1 7 Date Qs"j V -994 June 5, 2010 To Whom It May Concern: We are requesting that the fees (investigating and license) be dropped. The Old WestSpciety.has volunteered- many.hours_ofjaur time to inhance the -celebration of Eagan's 150th Anniversary. We are looking forward to this grand event and working with the City of Eagan and the Funfest Committee. Thomas Munchoworlzr- Event - oorindator Old West Society of Minnesota ACORD„r CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Risk Services HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. sox 410679 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kansas City, MO 64141 -0679 INSURED The Old West Society of Minnesota 7716 Abbott Avenue North Park, MN 55443 -2839 COVERAGES INSURERS AFFORDING COVERAGE NAIC# INSURER A: Certain Underwriter I s at Lloyd I s, INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD'L INSIRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY LM201043284 5/01/2010 5/01/2011 EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ CLAIMS MADE �_] OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ PRO-LOC POLICY AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO _ $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMSMADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND LIMIT OTH- TORY LIMIT E ER R E.L. EACH ACCIDENT _ $ EMPLOYERT LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE • POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDS) BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is an Additional Insured as respects to use of premises located at: 1501 Central Parkway, Eagan, MN 55122 for event July 2 -4, 2010 City of Eagan July 4th Funfest Committee 3830 Pilot Knob Road Eagan, MN 55122 -1810 ACORD25 (2001/08) DS #8210130 913124 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 p_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651- 675 -5700 651- 675 -5707 FAX DATE: May 6, 2010 TO: Thomas L. Hedges, City Administrator FROM: James S. McDonald, Chief of Police SUBJECT: Old West Society of Minnesota At the Listening Session prior to the March 23, 2010 Eagan City Council Meeting, members of the Old West Society of Minnesota (OWSM) addressed the council and conveyed their organization would be willing to participate in the 2010 Fourth of July Parade and perform re- enactments during the carnival. I learned the OWSM will not be charging the City for any of their participation and routinely use firearms that shoot "blanks" during their performances. The police department was directed to research the OWSM's request to see if municipal code would allow the discharge of weapons in City and determine if there were any other collateral issues related to their performances. Attached are memos from Deputy Chief Jeff Johnson and the city attorney's office. In summary, the OWSM can participate in the Fourth of July Festivities if it applies for a show license as required by City Ordinance # 6.32. In the event the council desires to consider their application, the police department along with the city attorney recommends the approval be contingent upon the following conditions: • OWSM provide proof of insurance in the event their activities generate legal action. The City may request to be added as an additional insured for the dates of the events in the City • A police officer inspects their weapons prior to the parade /performance • The organization informs the police were gunfire will take place along the parade route From the police department's research, it was learned some citizens who attended events where the OWSM performed, had made complaints regarding the discharge of firearms. Although the references were more complementary of the OWSM performances, the City should expect some complaints from people who think the use of firearms during the Fourth of July events are inappropriate. Based upon our research and input from the city attorney's office, the police department will contact representatives from OWSM and convey the recommendations outlined above. Certainly the Mayor and Council can redirect this approach or consider the show application if /when it comes before them. Nonetheless, please feel free to contact me directly if you have any concerns, would like to take an alternative approach, or have additional questions. Thank you. r �, Agenda Information Memo June 15, 2010 Eagan City Council Meeting F. Authorize contractual agreement for merchant services consulting with Better Business Solutions. ACTION TO BE CONSIDERED: • To authorize staff to enter into a contract for merchant services consulting with Better Business Solutions. FACTS: • The City accepts credit card payment for a variety of services at its facilities. • When the City first began accepting credit cards, it had a depository banking relationship with US Bank, and therefore selected US Bank as its merchant services (i.e., credit card acceptance) provider. Although the City no longer banks with US Bank, the bank is still providing merchant services for the City. • US Bank employs the services of Elavon, a wholesale credit card payment processor, for processing and reporting. Better Business Solutions will negotiate fees with a different payment processor, First Data, and take as its consulting fee 25% of the savings realized from switching from US Bank/Elavon. • Merchants are not able to contract directly with the wholesale payment processors. • The City of Rochester, MN contracts with Better Business Solutions for the same services contemplated here and reports satisfactory results with savings meeting expectations. • In 2009, the City paid a total of $47,793 in credit card processing fees. • First -year savings through Better Business Solutions are projected to be about $9,500. If those savings are realized, the consultant's fee for the first year would be about $2,400. ATTACHMENTS: • None. EMMI Agenda Information Memo June 15, 2010, Eagan City Council Meeting G. APPROVE STAFF AS MEMBERS OF THE ABSENTEE BALLOT BOARD ACTION TO BE CONSIDERED: To approve the list of staff members to serve as election judges on the absentee ballot board for the August 10, 2010 Primary Election. FACTS: ➢ New legislation has increased the absentee voting period from 30 days prior to an election to 46 days prior to an election. Cities that are designated by the County Auditor to issue and receive absentee ballots must have an established absentee ballot board that processes absentee ballots within a prescribed timeframe. ➢ The ballot board members must accept or reject returned absentee ballots within five days of receipt except that during the 14 days immediately preceding an election the board must accept or reject ballots within three days. If a ballot is rejected at least five days prior to an election, a replacement ballot must be sent to the voter. If rejected within five days of the election, an attempt must be made to notify the voter by telephone or email of the rejection. ➢ Members of the ballot board may begin opening and processing accepted absentee ballots after the close of business on the fourth day prior to the election. Vote totals may not be made available until the close of polls on Election Day. ➢ Staff, in addition to other election judges, may serve on the board if they have been trained as election judges and declare a party affiliation. The list of staff being recommended for appointment to the absentee ballot board are identified below: Janet Bolger Mira Broyles Denice Muccio Grout Karen Hangebrauck Mary O'Brien Maria Petersen Maria Pierce ATTACHMENTS (0) ay- Agenda Information Memo June 15, 2010, Eagan City Council Meeting H. APPROVE OFF -SALE LIQUOR LICENSE FOR ALPHAJKFOGGENTERPRISES INC., DBA BLACK DIAMOND WINE & SPIRITS LOCATED AT 525 DIFFLEY ROAD #2050 ACTION TO BE CONSIDERED: To approve the off -sale liquor license for A1phaJKFoggEnterprises Inc., dba Black Diamond Wine & Spirits located at 525 Diffley Road #2050. FACTS: ➢ An off -sale liquor license has been applied for by Joseph and Karen Foggia who are the officers of the corporation. ➢ The Foggias are purchasing the existing off -sale liquor store known as Black Diamond Wine & Spirits. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): a'5 Agenda Information Memo June 15, 2010, Eagan City Council Meeting I. APPROVE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR G & M PETROLEUM, INC., DBA SINCLAIR DINO MART LOCATED AT 1815 DIFFLEY ROAD ACTION TO BE CONSIDERED: To approve the off -sale 3.2 percent malt liquor (beer) license for G & M Petroleum, Inc., dba Sinclair Dino Mart. FACTS: ➢ G & M Petroleum, Inc., dba Sinclair Dino Mart, has applied for an off -sale 3.2 percent malt liquor (beer) license. ➢ The sole officer of the corporation is Hamayun Bhatti. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the license. ATTACHMENTS (0): Agenda Memo City Council Meeting June 15, 2010 CONSENT AGENDA: `?„ .. Tobacco License for G & M Petroleum, Inc. dba Sinclair Dino Mart ACTION TO BE CONSIDERED: Approve a license to sell tobacco products for G & M Petroleum, Inc., dba Sinclair Dino Mart located at 1815 Diffley Road FACTS: • Hamayun T. Bhatti, G & M Petroleum, has purchased the Sinclair Dino Mart located at 1815 Diffley Road and has applied for a license to sell tobacco products. • The store will be continue to operate under the name Sinclair Dino Mart. • All requirements of the application have been met and fees have been paid. • The Police Department conducted a background check and found no reason to deny the application. ATTACHMENTS: None. The application is available for review in the Administration Department. EWA Agenda Information Memo June 15, 2010 Eagan City Council Meeting K. 2010 PAVEMENT MARKING JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with Dakota County for pavement striping of City streets and authorize the Mayor and City Clerk to execute all related documents. FACTS: • For the past 24 years, the City of Eagan has participated in an 11 -city Joint Purchasing Agreement (JPA) with the cities of Burnsville, Apple Valley, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, and West St. Paul to solicit competitive prices for pavement marking, street sweeping, crack sealing and seal coating contractual services. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • The City of Eagan has been approached by the Dakota County Transportation Department to consider entering into a partnership with them for the application of "long line" pavement striping on approximately 29 miles of city streets at a cost savings over the current Joint Purchasing Agreement consortium. All other specialty pavement markings and messages would still be contracted through the 11 -city JPA. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for these services. As set forth in the agreement, the City will reimburse the County for the actual labor, equipment and material costs required to reapply the pavement markings. The County will also charge a 10% handling fee for all materials used. • City staff have reviewed this agreement and found it to be similar to other previous agreements and in order for favorable Council action. Agenda Information Memo June 15, 2010 Eagan City Council Meeting L. CONTRACT 10 -01, BLACKHAWK ROAD/KENNEBEC DRIVE (STREET IMPROVEMENTS) ACTION TO BE CONSIDERED: Receive the bids for Contract 10 -01 (Blackhawk Road & Kennebec Drive - Street Improvements) and award the contract to Bituminous Roadways in the base bid amount of $1,407,702.00 with no alternates and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The street improvements of Blackhawk Road (City Project 1015) and Kennebec Drive (Project 1024) are programmed for 2010 in the City's 5 -Year Capital Improvement Program (2010- 2014). • On January 19, 2010, the City Council authorized the street improvements for Kennebec Drive. • On March 2, 2010 the City Council authorized the street improvements for Blackhawk Road (Cliff Road to Highway 13). • On June 1, 2010, the City Council approved a Joint Powers Agreement with Dakota County for traffic signal revisions at Blackhawk Road and Diffley Road (County Road 30). These improvements also include a northbound right -turn lane on Blackhawk Road, and are in accordance with the 5 -Year Capital Improvement Programs for the City of Eagan and Dakota County. The traffic signal/ intersection revisions were originally to be included with the Diffley/ Rahn roundabout (City Project No. 719) in 2008, but right -of -way acquisition issues delayed the improvements until now. • These projects have been combined under one contract (Contract 10 -01), to increase economies of scale. On April 20, 2010, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 10 -01. • On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State statutes, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on June 3, formal bids and technical performance proposals from each bidder were received for this project. Two alternate bids were also received. • Alternate Bid #1 is an add alternate ($59,120) that would provide for the installation of conduit within Blackhawk Road (Deerwood Drive to Highway 13) for possible future use as a fiber optic conduit. • Alternate Bid #2 is an add alternate ($127,895) that would provide for increasing the strength of the new street section of Blackhawk Road (Deerwood Drive to Highway 13) from a 9 -ton per axle to a 10 -ton per axle design. Given the relatively small amount of heavy -duty vehicle traffic on this portion of Blackhawk Road and the alternate bid price received, this alternate is not recommended for approval. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Bituminous Roadways, Inc. has been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ISSUES: • Alternate #1 providing for the installation of two empty conduits for future fiber installation is being evaluated in further detail. Staff review of the costs and benefits of the award of this alternate with the contract will be provided with the Administrative Agenda for Council consideration. ATTACHMENTS: • Bid Summary Tabulation, page • IN BID SUMMARY - CITY CONTRACT 10 -01 BLACKHAWK ROAD PROJECT NO. 1015 Overlay/ Reconstruction Bid Date/ Time: 10:30 a.m., Thursday, June 3, 2010 KENNEBEC DRIVE PROJECT NO 1024 Overlay Contractors Total Base Bid Technical Score Adiusted Score* 1. Bituminous Roadways, Inc. $1,407,072 9.22 152,611 2. McNamara, Inc. $1,408,345 9.17 153,582 3. Palda & Sons, Inc. $1,654,217 7.90 209,395 *Best -value contracting: Adjusted Score = Total Base Bid/ Technical Score *Includes Blackhawk Road/ Diffley Road signal system revision & northbound right turn lane work not included in Project 1015 feasibility report G:Projects. &Contracts /10 -01/Bid Summary Results Agenda Information Memo June 15, 2010 Eagan City Council Meeting M. CLIFF ROAD OVERLAY CONSTRUCTION ACTIVITY NOISE ACTION TO BE CONSIDERED: 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 County Project 32 -69 (Cliff Road — Overlay) for the following schedule: July 6 through July 21 (continuous). FACTS: • The Dakota County Transportation Department has prepared plans and specifications for the construction of a full -width 4" mill and bituminous resurfacing of County State Aid Highway 32 (Cliff Road) from I -35E to just west of Slater Road. The project includes the construction of six right -turn lanes and one left -turn lane. Dakota County has awarded the contract for the project to McNamara Contracting, Inc. • On June 3, 2010, City staff received a letter from Ross Beckwith, Dakota County Construction Engineer, requesting that the contractor be allowed to work 24 hours a day, Monday through Sunday, on the project. The request specifically called out nighttime hours between July 6 and July 21. The extended working hours will minimize the time of construction and disruption during the busiest traffic times to this heavily travelled principal arterial. • Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. within the City. • The purpose of the request is to limit the impact of the construction activity upon the traveling public. • Eagan residents and businesses will have local access to Cliff Road throughout the time that the highway is under construction. • The City Council approved a similar variance request to allow construction activity on the recent mill and overlay of TH 3 to be completed 24 hours a day, Monday through Sunday, as needed, during the current construction season. ATTACHMENTS: • County's request, page ,2)a. 31 Based upon the high traffic volume along this segment, the contractor, McNamara Contracting, Inc., and the County are requesting to complete a portion this work during nighttime hours. Milling and paving operations would be the likely work performed outside of the City's noise ordinance hours. We are requesting nighttime work to be performed from July 6 to July 21, 2010. This schedule anticipates some time lost due to poor weather. Working off -peak hours would reduce the amount of impact to the traveling public as well as increase safety for both the workers and motorists due to the reduced traffic volume. Fortunately, this area is primarily commercial and not residential. We appreciate the opportunity to request this nighttime work in order to expedite this project. If you have any questions, please contact me at 952 - 891 -7926. Sincerely, Ross A. Beckwith, P.E. Construction Engineer Prvted �recyded paper �h 06 oon< tee. , E�� UNrr,W�LOYIR 3a, June 1, 2010 Physical Development Division Lynn Thompson, Director Dakota County Russ Matthys, P.E. Western Service Center City of Eagan 14955 Galaxie Avenue Apple Valley, MN 55124 -8579 3830 Pilot Knob Road 952.891.7000 Eagan, MN 55122 Fax 952.891.7031 www.dakotacounty.us SUBJECT: 2010 Dakota County Overlays Environmental Mgmt. Department NIGHTTIME WORK REQUEST FOR CP 32 -69 Office of GIS Parks and Open Space Department Dear Mr. Matthys: Surveyor's Office Transit Office Transportation Department As art of Dakota County's 2010 Overlays project, County Road 32 from 1 -35E to Water Resources Department approximately 500 feet west of Slater Road in the City of Eagan will be milled 4" and overlaid. Additional work on this roadway includes construction of six right turn lanes, one left turn lane, replacement of 60 loop detectors, installation of a signal interconnect and signal modifications at Rahncliff Road. Based upon the high traffic volume along this segment, the contractor, McNamara Contracting, Inc., and the County are requesting to complete a portion this work during nighttime hours. Milling and paving operations would be the likely work performed outside of the City's noise ordinance hours. We are requesting nighttime work to be performed from July 6 to July 21, 2010. This schedule anticipates some time lost due to poor weather. Working off -peak hours would reduce the amount of impact to the traveling public as well as increase safety for both the workers and motorists due to the reduced traffic volume. Fortunately, this area is primarily commercial and not residential. We appreciate the opportunity to request this nighttime work in order to expedite this project. If you have any questions, please contact me at 952 - 891 -7926. Sincerely, Ross A. Beckwith, P.E. Construction Engineer Prvted �recyded paper �h 06 oon< tee. , E�� UNrr,W�LOYIR 3a, Agenda Information Memo June 15, 2010 Eagan City Council Meeting N. CONTRACT 09 -07, STORM SEWER IMPROVEMENTS STORM WATER MANAGEMENT PLAN ACTION TO BE CONSIDERED: Approve the final payment Contract 09 -07 (Phase II, Storm Water Management Plan — Storm Sewer Improvements) in the amount of $10,110.18 to Quiring Excavating, LLC, and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09 -07 provided for the construction of four individual storm sewer improvements recommended in the Storm Water Management Plan approved by the City Council in 2007. All of the improvements provided flood protection to the level addressed by the storm sewer improvements constructed in response to the July 2000 Super Storm. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 83 Agenda Information Memo June 15, 2010, Eagan City Council Meeting O. EXTENSION FOR RECORDING FINAL PLAT (CEDAR GROVE PARK AND RIDE) — MVTA ACTION TO BE CONSIDERED: To approve a 120 -day extension of time to record the Final Plat for Cedar Grove Park and Ride, consisting of 9 acres, located at 4035 Nicols Road. FACTS: ➢ The City Council approved the Final Plat on September 15, 2009. ➢ Several extensions to recording have been approved since that time due to title issues and working through requirements imposed by MnDOT and the Met Council. ➢ The requested 120 -day extension would allow until October 5, 2010, for the plat to be recorded. ➢ The extension is necessary to allow the county surveyor to review the final plat. ATTACHMENT (2): Location Map, page �j , Letter from MVTA, pagep 3� BEST & FLANAGAN LLP ATTORNEYS AT LAW 225 South Sixth Street, Suite 1000 Minneapolis, Minnesota 55402 -4690 Telephone 612 339 7121 Facsimile 612 339 5397 www.bestlaw.com Writer's Direct Dial: (612)341 -9722 Email Address: bross a,bestlaw. coin June 9, 2010 Julie Strid Planning Department City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: Eagan Transit Station Dear Ms. Strid: I am writing as counsel for Minnesota Valley Transit Authority and the Metropolitan Council to request an extension from the City for the time to complete and record the plat for this project. When the plat was initially submitted to the county for review, the county had comments that needed to be addressed. The surveyor hired by Minnesota Valley Transit Authority, EVS, has completed the final plat and it has been resubmitted to the county surveyor for approval. The county surveyor has not yet reviewed the plat, so MVTA will not be able to complete recording of the plat by June 15, 2010. 1 am therefore requesting extension of time of 120 days and have enclosed a $75000 fee. If you have any questions or need additional information, please contact me, BMR/sar Enclosure cc: Beverly Miller, MVTA Peter Hanf, Metropolitan Council 0l 0252/280002/1196626l a Sincerely Barbara M. Ross Agenda Information Memo Eagan City Council Meeting Consent Agenda June 15, 2010 P. 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 37 PUBLIC SERVICE AND COMMUNITY MESSAGING AGREEMENT THIS AGREEMENT is dated J �?Aiz- 1 , 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 govenunental entity a portion of the time for community and public, service announcements, but such delegation shall not make the delegate a beneficiary of this 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: (1) failure to perform its respectivc obligations pursuant to this Agreement; or (ii) breach of its respective representations pursuant to 2 __J t 1 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 Writin . 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, iio longer operates the Sign in a manner that allows public service messaging or in the event that a transferee of the Company does not comply with the terns i"paragraph 10 below. In the event the Company terminates operation of the Sigli, it shall provide the City with at least ninety days TV notice prior to such termination in a manner that allows 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. Assigrnment. In the event that Company sells or transfers the Sign to another entity, this Agreement shall remain in effect only if the transferee provides written acknowledgement to the City prior to the transfer that it agrees to be bound by the terms of this Agreement. Should the Sign remain in existence after a transferee fails to provide the above written acknowledgement, 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. 11. 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: Marvin A. Liszt Bernick, Lifson, Greenstein, Greene & Liszt, P.A. 5500 Wayzata Blvd., Ste. 1200 Minneapolis, MN 55416 4� 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. 12. 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. 5 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. THE COMPANY: Clear Channel Outdoor, Inc. `f3 THE CITY: City of Eagan Mike Maguire Its: Mayor Maria Petersen Its: Clerk Exhibit A List of Enhanced Dynamic Display Sign(s) Agenda Information Memo June 15, 2010 Eagan City Council Meeting Q. EXTENSION FOR RECORDING FINAL SUBDIVISION — BRIDGEWATER 3 ADDITION) ACTION TO BE CONSIDERED: To approve a 120 -day extension of time to record the final subdivision for The Oaks of Bridgewater 3`d Addition, located at 3862 Bridgewater Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final subdivision on December 15, 2009. ➢ A 120 -day extension to record the final plat was granted on February 16, 2010 and expires on June 16, 2010. ➢ The requested 120 -day extension would allow until October 5`h, 2010 for the plat to be recorded. ➢ This extension request is due to unexpected title issues that need to be resolved with the mortgage holder. ATTACHMENTS (2): Location Map, page Letter from Applicant, page Mike Ridley From: Quinn Hutson [ghutson @cnharch.com] Sent: Tuesday, June 08, 2010 2:32 PM To: Mike Ridley Subject: C. Hall Subdivision - Extension Request Mike, On behalf of the Owner, I am requesting a 120 day extension to the recoding of the plat for the Oaks of Bridgewater 3rd Addition. While there has been significant progress working with the mortgage company to receive a Consent to Plat agreement, the document is waiting to be signed by their out -of -state corporate personnel. If you have any questions regarding this request for extension, please let me know. Thank you very much for your assistance. Regards, Quinn S. Hutson Quinn S. Hutson, ALA, LEED AP Principal CNH Architects Office: (952) 431 -4433 Direct: (952) 997 -4583 Website: www.cnharch.com fl Agenda Memo June 15, 2010 Regular City Council Meeting R. APPROVE Change Order #1 to the Civic Arena geothermal and energy enhancement proiect to add a screening fence around the chiller located outside the Eagan Civic Arena. ACTION TO BE CONSIDERED: Approve Change Order #I in the amount of $4,620 to install a fence on the outside of the Civic Arena to secure the outdoor chiller and provide access to the equipment by Dakota Electric. FACTS: • As part of the geothermal and energy enhancement construction project at the Civic Arena the outdoor chiller was replaced. • The replacement chiller is mounted right off ground level whereas the original equipment was mounted approximately 12 feet above ground. • Because the chiller is such an integral component of maintaining the ice surface the equipment needed to be secured to prevent vandalism. • Also as part of the city's policy for screening outdoor equipment it was essential that appropriate visual screening be provided around this equipment. • The engineer for the geothermal project met with city staff to talk about the need for proper air flow around the chiller. The hybrid fence will provide the visual screening from Rocky Lane or anyone entering the Civic Arena from the south but will also provide the air flow and security needed to protect the equipment. • Another requirement for this fence was to provide Dakota Electric with a gate to access the transformer box adjacent to the chiller for any of their service needs. • The fence being proposed will be 8 feet high with cedar for the privacy fence and chain link for the balance. • Prices were received for a 6 foot fence ($3,750) but an 8 foot fence ($4,620) is being proposed to diminish the ability for hockey sticks to be stretched over the top of the fence and creating any damage to the chiller. ATTACHMENTS: None 194 Agenda Memo June 15, 2010 Regular City Council Meeting S. AWARD the bid for a replacement electric ice resurfacer for the Eagan Civic Arena to Frank J. Zamboni & Co. Inc. ACTION TO BE CONSIDERED: Award the bid for a replacement electric ice resurfacer for the Eagan Civic Arena to Frank J. Zamboni & Co. Inc. in the amount of $93,312.53. FACTS: • The original electric ice resurfacer was purchased when the Civic West Arena was opened in 1995. The cost at that time was $75,000. • The life cycle of the resurfacer is approximately 15 years and was scheduled for replacement in 2009. Since there were no major mechanical issues the life of the resurfacer is being stretched to 2011. • Bids were solicited for the replacement machine in May 2010 because of the 12 -18 month delivery time frame. • Bids were received and tabulated on May 20 with the following submissions: • Olympia Ice Bear or Millennium E with trade -in: $177,681.37 • Olvmnia Ice Bear or Millennium E without trade -in: 183.205.12 • Zamboni 560AC with trade -in: 107,750.00 • Zamboni 560AC without trade -in: 125,750.00 The Zamboni 552 with trade -in is the recommended purchase at this time however staff is also waiting for a confirmation from Dakota Electric regarding potential rebates that would be available in 2011 for this purchase. This purchase would be made through Renewal and Replacement funds set aside for equipment replacement. ATTACHMENTS: None Agenda Information Memo June 15, 2010, Eagan City Council Meeting ROTARY CLUB DONATIONS ACTION TO BE CONSIDERED: i . Accept a $200.00 donation from the Rotary Club of Eagan and approve a corresponding adjustment to the Police Department budget. FACTS: • Each year the Rotary Club of Eagan presents the "Outstanding Public Safety Award" to a member of the Eagan Police Department and a member of the Eagan Fire Department in recognition of outstanding public service. • This year's award was presented on May 12th to Police Detective Paul Maier. • As part of this year's recognition, the Rotary Club has donated $200.00 with the request that the funds be spent for public safety equipment. • The budget adjustment will be made to 1104- 6226 - Public Safety Supplies. NO ATTACHMENTS 5C) Agenda Information Memo June 15, 2010 L . ACCEPT THE RESIGNATION OF GUILLERMO ETIENNE FROM THE ENERGY AND ENVIRONMENT ADVISORY COMMISSION ACTION TO BE CONSIDERED: To accept the resignation of Guillermo Etienne from the Energy and Environment Advisory Commission FACTS: • On June 10, 2010, City staff received an e-mail from Energy and Environment Advisory Commission (EEAC) member Guillermo Etienne stating his intent to resign from the EEAC. • In a follow up conversation with Mr. Etienne, he expressed his appreciation for the opportunity to serve on the Commission, and his gratitude towards the Council, staff, and fellow Commission members. He noted that the Commission simply was not a good fit for him at this time. • As a result of the resignation, and in accordance with the City's Advisory Commission Policy, the EEAC alternate, James Casper, will fill the 1 -year term being vacated by Mr. Etienne, and the alternate term will remain vacant until next April when the position is reappointed by the City Council. • It is quite frequent to have the Alternate assume the duties of a regular- termed commission member in the event of a vacancy, and in the past, it has worked very well for the alternate to assume the 1 -year term. ATTACHMENTS: • Enclosed on pag is the e -mail notification from Mr. Guillermo stating his intent to resign from the EEAC. 1I Dianne Miller From: geb32 @comcast.net Sent: Wednesday, June 09, 2010 7:37 AM To: Dianne Miller Subject: Notice Dear Dianne: I regret to inform you that after serious considerations I decided not to participate in the Commission. My best wishes Guillermo Etienne i a Agenda Information Memo June 15, 2010 i/. CANCEL THE JULY 13, 2010 SPECIAL CITY COUNCIL MEETING AND SCHEDULE A SPECIAL CITY COUNCIL MEETING ON JULY 27, 2010 ACTION TO BE CONSIDERED: To cancel the July 13, 2010 Special City Council meeting, and schedule a special City Council meeting on July 27, 2010. FACTS: • Per the direction of the City Council at the June 8, 2010 City Council Workshop, a formal action item has been scheduled to cancel the July 13, 2010 City Council workshop and reschedule it for Tuesday, July 27, 2010 at 5:30 p.m. 53 Agenda Information Memo June 15, 2010 Eagan City Council Meeting W. PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10- 33900 -010- 01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan was the lead agency on the upgrade of Trunk Highway (TH) 149 to a four - lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project included an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. Reconstruction of TH 149 was substantially completed in December 2007. • The upgrade of TH 149 required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Certified appraisals were obtained for all required easements. The value of the permanent trail, drainage and utility easement and the temporary construction easement for this property was determined to be $56,200. An offer was accordingly forwarded to the property owners in 2006, before construction began. The property owners rejected the offer. Attempts to negotiate an agreement were unproductive which required the City to commence acquisition of the easements via eminent domain on or about March 5, 2007. • As part of the condemnation process, commissioners were appointed by the District Court to determine fair compensation for the permanent and temporary easements being acquired. The commissioners heard testimony from both the property owner and the City on January 27, 2009. On July 28, 2009, a Report of Commissioners was fled with the Court which opined the fair compensation for the easements to be $61,500. • On September 3, 2009, the property owner appealed the Commissioner's award to District Court indicating compensation for the easements acquired should be no less than $223,000. • The District Court was scheduled to hear the property owner's appeal beginning Monday, June 14, 2010. Prior to proceeding with this trial, a settlement was negotiated on June 9. • An agreement between the City of Eagan and the owners of Parcel 10- 33900 - 010 -01, Lot 1, Block 1, Hussain Addition, has been prepared providing for the settlement of the appeal. The agreement stipulates an additional payment to the property owners in the amount of $5,000 in exchange for dismissal of the appeal. • The property owner has signed off on the agreement and the Engineering staff and the City Attorney's office have reviewed it and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. sy Agenda Memo June 15, 2010 Eagan City Council Meeting V. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To receive and accept the 2009 Comprehensive Annual Financial Report (CAFR). FACTS: • The CAFR for the year ended December 31, 2009 has been completed and the audit by Kern, DeWenter, Viere, Ltd. (KDV) has been performed. • KDV has expressed an unqualified ( "clean ") opinion —the best opinion that can be given—on the financial statements. • A brief PowerPoint presentation reviewing the charts and tables included in KDV's "Management Letter" will be made by Matt Mayer of KDV. • Mr. Mayer and Chief Financial Officer Pepper will be available to answer questions. ATTACHMENTS: • 2009 CAFR (without page number) • KDV's "Management Letter" (without page number) • KDV's "Report on Minnesota Legal Compliance" (without page number) 55 Agenda Information Memo June 15, 2010 Eagan City Council Meeting VI. PUBLIC HEARINGS A. EASEMENT VACATION (CARRIAGE HILLS), FINAL PLANNED DEVELOPMENT & FINAL SUBDIVISION (STONEHAVEN 1 T ADDITION) ACTION TO BE CONSIDERED: 1. Close the public hearing and approve the vacation of public drainage, utility and street easements as described within the former Carriage Hills Golf Course property; and, 2. Approve Final Planned Development (Stonehaven 1st Addition) for 39 single - family homes and one community lot. 3. Approve Final Subdivision (Stonehaven 1st Addition) for 39 single - family lots, 1 community lot and 9 outlots; and 4. Authorize the Mayor and City Clerk to execute all related documents. CARRIAGE HILLS EASEMENT VACATION FACTS: • On April 20, 2010, City staff received a petition from the 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 unplatted former Carriage Hills properties and as the platted 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 rededicate all easements and right -of -way necessary for public road or easement purposes. • Council action on the vacation needs to precede the Council action on the Stonehaven 1 st Addition final subdivision. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. No objections to the proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action concurrent with approval of Stonehaven 1st Addition. 5(Q STONEHAVEN 1" ADDITION FACTS: One March 16, 2010, the City approved a Planned Development Amendment and Preliminary Subdivision for the Stonehaven development. The PD Amendment approved 263 units of single - family, twin - homes, and townhomes, and future 100 - unit multiple - family senior building. On April 20, 2010, U.S. Homes dba Lennar submitted the Final Planned Development and Final Subdivision applications for the first phase of the Stonehaven Development. • The Phase 1 construction occupies the western and southwestern portion of the site and consists of 39 single- family lots, and one community lot for a swimming pool and community building. The balance of the site is platted into outlots for future phases of construction. • This development also establishes public open space and a public trail. The open space will be owned and maintained by the Homeowners' Association. The City will maintain the trail and land within 6' on either side of the trail. • A Conservation Easement and Trail License Agreement has been prepared by the City Attorney for the open space and public trail. An Open Space and Trail Phasing Plan also has been submitted which identifies the open space and public trail segments to be implemented with future phases of construction. • An Open Space Management Plan has been prepared by the applicant and reviewed by City staff. The Plan is made part of the Development Agreement and the Final Planned Development Agreement. • An ALTA survey provided by the applicant indicates existing encroachments into the perimeter of the site over what will become the conservation easement. These encroachments include several fences, a flagpole, a garden, and in one case a structure, patio, retaining wall and landscaping. Because the ownership of the underlying property will remain with the homeowners association, the encroachments are a private matter between the association and the property owners. In consideration of the conservation easement, however, the encroachments should not be permitted to be expanded. • The applicant provided an updated wetland delineation report, which has been reviewed by City staff, and public notice was provided per State Rules. The public review period expires June 15, 2010, and City staff expects to issue acceptance on that date. • All documents are anticipated to be in order for execution at the City Council meeting on June 15, 2010. ATTACHMENTS: • Location Map, page • Easement Vacation Exhibit, ages • Site Area Summary, pag . • Final Plat, pages _W through S'? Q u D ❑ LONE OAK ROAD p TEL ff'- F 0 0 0 ��� 0 �� Q a ED ❑❑ �� Proposed Vacation i ❑ ��� o Location F- 0 z � I YANKEE DOO LE RD. DD Q Y 0 D O — 202 Z o w O �� D CKWOOD ❑ w W D � ❑ DD Q❑ DDD ❑ D w LZ SCOTT ROAD ❑❑ ❑ o a c� ❑ ` D '' D � D❑ ❑�� D i m❑ ❑ ❑❑ ❑ ❑❑ DD DD D❑❑ D D ❑ ❑ DIFFLEY ROA D D El ❑❑ � i D� QO �D � o ❑D �0 D❑�D �a D M o � Da �D d DDS CO Z D ❑ Y o aD ❑❑ � I J � ❑D ❑aaiD` ❑ ❑❑ ❑❑ CLIFF ROAD ��JD❑ DDD ❑ ❑ D ❑ � D E aD D D D 0 d d 3/11/2010 Stonehaven / Carriage Hills City of Eap Proposed Easement Vacations Fig. 1 Engineering Department Location Map uV YANKEE DOODLE ROAD �— DOC# 1689664 f 14? DOC# 2727331 Of Hly � H �4 O Of U Section w 14 3: DOC# 1689664 DEERWOOD DRIVE 'If V?, a%Ge yu <S LI'IDo 1 Nf ij4 ' i Of 4 Of Section 14 7n 11 1 v of 41P, Wescott Woodlands ROW Vacation City of Eap Fig. 2 Engineering Department Vacation Exhibit 5� � pap 1n� eeaY v enY YN e6 u3: K ,YRna e� S SS, � F• y OUTLOT H OUTLOT G v , rxF Z C "I C _ ' RR� •�N :` �y < D fTl ` fTi t<,so r,' D Cf) G n+ bbb mgo n A a.. . - n •N w• - O D A Ln � D � 7 L v nN w ink R� Lev g _ N W m 'N Ln w 1tlftOJ W Tdvn n•J eN S' CE+ 'y4 n m _ O .F SE v S SITE AREA SUMMARY ! I IVId WNH vi , - I 11Y. % so G. LL - - - - -- — Fol - 0 o q, A L- ---6-96440al— NVIGOOM L100S3Mel- M.69.67-OON Hans 1' II II C7 I 15 53 .9 U) S ... < a l LLI cf) 11Y. % so G. LL - - - - -- — Fol - 0 o q, A L- ---6-96440al— NVIGOOM L100S3Mel- M.69.67-OON Hans 1' II II 11Y. % so ;R . " r On "r r 9g Sr ------------- f -- 5,e--_ ------------------------- T— - — St 91CL 3.09,ZZ.00S -; q, -m eT G. o q, A L- ---6-96440al— NVIGOOM L100S3Mel- ;R . " r On "r r 9g Sr ------------- f -- 5,e--_ ------------------------- T— - — St 91CL 3.09,ZZ.00S -; q, -m eT Lmomod, q S 6 n F? X.,f O H LQ I i .c TAY hIL O -3 5 .c 40 q 0 (3AV NO.LONDCr) C* 'ON 'HVS'3 G. Lmomod, q S 6 n F? X.,f O H LQ I i .c TAY hIL O -3 5 .c 40 q 0 (3AV NO.LONDCr) C* 'ON 'HVS'3 (J r- %•i \ in i I � (] � CI W I > _ ° I w I z � I r- I r I �} w Li n1 nl • g 11 Y o. I I (; I -C I C) IC> I� I I I.'1 Ir- I- S I .v .� .. .. C .v .. .. 2 S womp f-�-1 w zII �j :) z� ng o aY 8 ssT�W i HI • I R q k� II _• C) r- � I I Sa G g• ^I I W„ E (] C] II Y 'g:yYl 18g g (J r- %•i \ in i I � (] � CI W I > _ ° I w I z � I r- I r I �} w Li n1 nl • g 11 Y o. I I (; I -C I C) IC> I� I I I.'1 Ir- I- S I .v .� .. .. C .v .. .. 2 S womp f-�-1 w zII �j :) z� ng o aY 8 ssT�W i HI e o.w•+oar r� --\ f aRe ° I i pQ 1r. Y I` is to >0 ` '1\ •re;•; ) P—, E Sk5 � 1 \xaN , \� III•_ i�`s R %/� �• A� ^. \ \-M1..a•�`,_'' ^,i$ O '`ts R R oiis�" i R ..^. YII d -g9} ,�5i6P+T �I� ,z ! <��,•P Sv - -- -L -- ----_J 61 Y « I x lS�en _ ar._on_ws Y �R� ¢ �� to �' •r— _______—� mgt'^ 1 at l J O JI O I \L(.4��1 - --�.. 1' .•C\ ` '\ P :i ion. �a8 L% _ -- vvve�•1- , -�'{'� h .. l \�:R ..o] a eocr " se Q�� f Ig ' •.fie- iy ^ eevss ;v i � �d [imx q4 J 1A, g g€ W to \ _ __ �•i��, \�N 81 aLy 6W o1_1 zn �', .x t''w,T ��v J \14 'R1 it ro ` N tE .t° x N8 �o .,/ $ .,. fir_. �� r�•d�� •�% @ I, $ - - - -- &. � ^8 W Agenda Information Memo June 15, 2010, Eagan City Council Meeting B. VARIANCE – 845 GOVERN CIRCLE (JON SPRINGER) ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for denial) a Variance of approximately 3' to the required 30' front yard setback for a covered front porch addition on property located at 845 Govern Circle, legally described as Lot 14, Block 5, Gardenwood Ponds, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The applicant proposes to construct a covered front porch addition on the front of the home. The proposed addition extends 5'4" out from the house, and is set back 27' from the front lot line. ➢ R -1 (Single- family Residential) zoning requires a minimum 30' setback from the front lot line. The proposed porch addition encroaches 3' into the required setback. ➢ The property is physically located in the shoreland overlay district of Bald Lake, but is outside of the Bald Lake watershed. Therefore, Shoreland zoning standards do not apply to this property. ➢ The proposal is part of a larger home repair and remodeling project prompted by needed repairs due to water problems. The applicant also will be replacing the exterior finish, constructing a mudroom and laundry room addition, replacing windows and garage doors, and replacing the driveway. A rain garden is also proposed in the front yard. ➢ The proposed porch addition and other architectural elements result in an updated appearance of the home and a more functional front porch. Other zoning standards appear to be satisfied. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: July 23, 2010 ATTACHMENTS (2): Location Map, pages �hreagl� — Planning Report, page (.�k through 7W Coy} PLANNING REPORT CITY OF EAGAN REPORT DATE: June 8, 2010 APPLICANT: Jon Springer PROPERTY OWNER: Jon Springer REQUEST: Variance LOCATION: 845 Govern Circle CASE: 23- VA- 04 -05 -10 HEARING DATE: June 15, 2010 APPLICATION DATE: May 24, 2010 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R -1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance of approximately 3' to the required 30' front yard setback for a covered front stoop on property located at 845 Govern Circle, legally described as Lot 14, Block 5, Gardenwood Ponds. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report — 845 Govern Circle June 15, 2010 Paae 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. CODE REQUIREMENTS City Code Section 11.60, Subd. 5, E requires a 30 foot front yard setback on property zoned R- 1. City Code Section 11.40, Subd. 4.13.2 states that decks, patios, balconies, stoops, or other similar features (uncovered) that do not extend more than 30 inches above grade may encroach 8 feet into a required front yard setback. BACKGROUND /HISTORY Gardenwood Ponds was platted in 1995 and this home was constructed in 2000. EXISTING CONDITIONS The lot is located mid -block on Govern Circle. The site is developed with an existing single - family home that has an attached three -stall garage. At its closest point, the house is set back 32.25' from the front property line. The existing uncovered front stoop measures approximately 8' by 5' and is 40 s.f. in area. The stoop extends 5 feet out from the house, which is a permitted encroachment. This lot is physically located within 1000' of Bald Lake, a DNR protected waterbody; however, it is not within the watershed of Bald Lake. Therefore, since storm drainage from this lot does not flow to Bald Lake, it is not subject the Bald Lake Shoreland zoning standards. (P � Planning Report — 845 Govern Circle June 15, 2010 Page 3 EVALUATION OF REQUEST Proposal - The applicant is proposing to construct a new front porch with a roof projecting over the front stoop. The roof will extend 5' 4" out from the house, encroaching into the required front setback by 3'. The proposed front porch is part of a larger home repair and remodeling project that involves both interior and exterior improvements. The front fagade remodeling plan includes two columns framing the front entrance and supporting the new gable roof element that will cover the front stoop. Gable roof elements are also present above the garage and on the upper level of the house. The applicant is proposing to remove the existing exterior stucco finish due to water problems, and replace it with new siding including new shakes in the gable elements. A decorative stone foundation is also proposed to be added to the front of the home. Other improvements include an addition to the rear of the home for a mudroom and expanded laundry room, replacing windows and garage doors, and replacing the driveway. These proposed improvements appear to satisfy current zoning code requirements and are not affected by the requested Variance. The proposal for the front porch addition is integrated into the redesign of the entire fagade and will result in an updated architectural appearance of the home. The roof coverage also will shelter the front stoop from the weather. Setbacks /Lot Coverage — The existing front stoop extends 5' out from the front of the house. The proposed new porch will extend 5' 4" from the house. At its closest point, the new porch will be set back 27' from the front property line, an encroachment of 3' into the required 30' setback. According to the site plan submitted by the applicant, the proposed porch and mudroom additions will result in 14.8% building coverage. This is less than the maximum allowed 20% building coverage. Minimum side yard setback standards are also satisfied. While this lot is exempt from Shoreland zoning standards, the applicant is proposing to install a rain garden in the front yard to offset some of the impervious coverage and provide a landscape feature. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with a detached three -stall garage is present on the site. ffl, Planning Report — 845 Govern Circle June 15, 2010 Page 4 The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce the yard requirement, it appears the request may be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 40 s.f. open porch addition. The placement of the house is such that roof coverage over the front stoop cannot be accommodated within the required 30' setback. The proposed 5'4" depth of the porch roof does not project substantially closer to the street than the existing front step. The requested Variance appears to be a minimal request to accommodate an expansion of the existing porch, resulting in an updated architectural appearance of the home as well as a protected front step area. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. These other Variances were for similar amounts and similar construction — reducing the front yard setback to accommodate open covered porch additions. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's stated hardship is the existing placement of the home. The remodeling project is being undertaken to correct structural defects to the home, and at the same time, the applicant is proposing to incorporate features to update the appearance and improve functional aspects of the home. The proposed front porch does not extend substantially closer to the front lot line than the existing front stoop, and the requested variance appears to be the minimal request necessary to accommodate the covered porch addition. SUMMARY /CONCLUSION The applicant is requesting a 3' Variance to the required 30' front yard setback to allow a covered porch addition to the house at 845 Govern Circle. A single - family home with a three - stall attached garage is present on the site. The elevation plan indicates the proposed porch addition, along with other architectural elements, will result in an updated appearance of the home and a more functional front porch. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. ME Planning Report — 845 Govern Circle June 15, 2010 Page 5 ACTION TO BE CONSIDERED To approve of a Variance of approximately 3' to the required 30' front yard setback for a covered front step on property located at 845 Govern Circle, legally described as Lot 14, Block 5, Gardenwood Ponds. If approved, the following conditions shall apply: 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. 2. The front porch addition shall not exceed the size shown on the proposed Site Plan. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A Building Permit must be obtained prior to construction. 76 O m z j m I I I / I I / I 1 I I / I I / I � / I / w / o / o L-J / p \ / n a \ / ♦♦ m \ I ♦ p I ♦ < / / ♦ r m \ I I ♦♦ m a \ cn I ♦ I ♦ \ / ♦ y \ ♦ �. \ / m / ♦♦ l n I ♦ \ 1 ♦ I to cn ♦ 1 I p � ♦♦ 1 / 71 " I SPRINGER RESIDENCE 845 GOVERN CIRCLE EAGAN , MN 55123 EXISTING CONDITIONS • • D • • N .Zlm m m �0�� �7131NNNr7] v X A N S O D DD m m 6 p M--- O; D O O in O m x X m m N Ooz TD� CCj j D D NZ COm ��a � Tmm o Om� °mmGl c7nn���m�g c z T O m mOZ mD 1nz D zGi N �OO cmnNm mm wm� m y °cmi-- Nbm��N� m � H pm � ?Oc�"i,g Ni�nm� D Z� m - y c m p o n Q.(n, <N �m�R1p !m m o I 7' D O _ U ou G Zl O m n ' m � m m = m 22 m N m z ° O Z 7' To O O D m < m O _ N r gym. x o m z5; m r m m O z O O m m 1> Z T < m 00 A O c m m m < o��o ncm �mG) z O 0 S T i O n p m= � m A -' O O n n m .mom mioD i u Gz7z ppZ M o O 0 m m ? A Pm O < O O D w Imo U m Z Z O z 0 0 n � m 0 m O z o / V C C) .� N O_ 0 0 z T "O \ A z O m m , � \ 2 / m m W o / O Q / O v / z O N D m O N O z >� o m I \ / / / � I n< D m m O p — Q m c � z z o O / \ m D n , m S O L I 0 Q \ m m \\ -6^ <m�� =in m w � zD f p o � \ D 0 5 O0 0 \ \\ N \ Op? O / / Zmi 1 mC)o / / \ m y \\l�, O N I \ C7 x / /... ! \\ ,.. \ m \ \ z n / \ N t m x m \ \ \ �y\ m O a m r m m / z n f m \ \ / m \ \ I \ I / X / O m \ / I z i A\ / i o / t N / T I If v n� I I I / f I co m x O O - ID O O M O � z D O z m m vm � N N Z A z O m m , � I 2 / m m W o / O Q / v / z O N / / m I m v z / / / � I D m / p o x N — Q m c � z z o O / —J� 2 O � W A� o N j o , m S O L I I I / f I co m x O O - ID O O M O � z D O z m m vm � N N Z A z O G7 A O 1 m O A o O N T Z I � 1 1:� 1 1 I it N I m I I 1 m I D I �I JI I I II I I I �f co x 1 —0 O x m v i 0 p m T m 0 0 N z z D c)O N I I I N - 22 00 = T O 12'-4114- z m 845 GOVERN CIRCLE nm EAGAN, MN 55123 - SITE PI AN A I I v 2'-7 Uq• I ti I — Q m —J� y �? A� X11' �pzmax ;o N G) v�D cn m 0 1 -6^ <m�� =in m Wwm� w v rr D D� p o D 0 5 O0 0 �mm �G� m? �O�p DZ GiO Dm m Oa"�'Q°z" mZ <p -� - -� _ 2 0" I 60 � I D c)O xr ; p MOWERY SPRINGER RESIDENCE °N • o 845 GOVERN CIRCLE nm EAGAN, MN 55123 - SITE PI AN A 4 T r O O v z z 0 ;v n l) 0 m n m 0 z � c N n o o 0 z ogo og m- MOWERY SPRINGER RESIDENCE O ` ` 845 GOVERN CIRCLE z EAGAN,MN55i23 g == FLOOR PLAN A A A f? o O 0 GO OO 4' -6 1. 6' -1 4 GO a p m 53 i V TDDRAN 3'-0 aA �l 14111- z � z A'7; TI- m n o D TO DPAINc ij 116'D p "7 m iin yy� —^ Fz -r ' -e1 z oo — I m I I —3' -0 2 -D• EXISTING 1? ° s' -5 tla' o z F MULCH BED 4 moK fH E m8 F =g ogo og MOWERY SPRINGER RESIDENCE O ` ` 845 GOVERN CIRCLE z EAGAN,MN55i23 g == FLOOR PLAN A m X m X O m m R F� III III 4T o 8 IIII 8 F IIII g �o�= I .I 111 III rIII��ao I I III II I III III I III I III NyF$= rllllT y m Z 'O II I I II III I III 845 GOVERN CIRCLEq Am EAGAN,MN55123 711 Fl FVQ 1 IONS c � m I III Z = Q m I t I II III O m x F am o m m I III I m -= � 0 O - I t p m O0 ° m m m C7 3 D I I O O Z 5c 8 o f� z ti z I ' z F of - f 111 � IIII III � I I I;, I f III IIII IIII IIII f IIII IIII it 11 II z I Illg I III �o�= I .I 111 III rIII��ao NyF$= rllllT y g 8 �FpF All I IS 845 GOVERN CIRCLEq Am EAGAN,MN55123 711 Fl FVQ 1 IONS II III am o D � �o I I m -= ,'T l l I x m o !_I O O0 ° m m _ O Z 5c 8 f� II I ' z F 111 � IIII III � I I I;, I f III IIII IIII IIII f IIII IIII it 11 4 2 m X m O m m D 0 z =F NyF$= $ y MOWERY SPRINGER RESIDENCE * n= • 845 GOVERN CIRCLEq Am EAGAN,MN55123 711 Fl FVQ 1 IONS May 23, 2010 To: City of Eagan Fr: Andrea Mowery and Jon Springer (applicants and owners) 845 Govern Circle Eagan, MN 55123 Re: Written Narrative for Variance Application We are applying for an approximately 2 %2 foot variance (our house is built at the set back) to build a covered entry over our front step. This project is part of a larger remodeling project. We have talked with all of our neighbors about the project and none have raised concerns or objections. This memo serves as our written narrative for the variance application and provides background and details about the project. Background Our house was built in 2000 by D.R. Horton. We purchased it in 2001. In 2006 we discovered water in an upstairs bedroom. After consulting with contractors and water damage experts, we determined the water was caused by improperly applied stucco to the front of the house, improperly installed windows and several building code violations that were not identified at the time the house was built. The damage was extensive — mold had penetrated the insulation and was starting to penetrate the sheet rock. We submitted a claim to D.R. Horton (10 year structural warranty for new construction) and after some negotiation it was agreed that they would tear off the stucco, repair damage and replace the stucco on part of the house, and fix the code violations. D.R. Horton did not agree to replace the windows which also showed signs of water damage and mold. In May of 2009 we had the house inspected again for water damage and mold and we found that the problems are just as bad as they were in 2006. Improvement Plan After exploring all of our options, including going back to the builder, we decided to use this unfortunate situation as a good excuse to fix the problem correctly for the health and safety of our family and improve and update the house. The details of our remodeling project include: • Tearing off all of the stucco and existing siding, repairing damage underneath and replacing them with higher quality siding, shakes and stone. • Upgrading our garage doors, replacing the driveway with stamped concrete and building a covered entry over the front step. • Replacing all of the windows in our home (all have water damage) and properly installing higher quality windows. • Adding a small addition to the back of the home to create a mudroom and expand the laundry room. Timing We would like to begin the project in mid to late June and estimate that it will take approximately 4 months to complete. Thank you for your consideration. RECEIVED MAY 2 4 2010 -77 NARRATIVE 'JUN 09M 837 Govern Circle Eagan, MN 55123 Telephone: 651- 994 -7873 Monday, June 07, 2010 Community Development Department c/o Ms. Pam Dudziak, Eagan City Project Planner 3830 Pilot Knob Road Eagan, MN 55122 RE: Dev. Name - 845 Govern Circle; Case No. 23- VA- 04 -05 -10 Dear Ms. Dudzaik: Thank you for the notification of the variance request submitted by Jon Springer, located at 845 Govern Circle. We are close neighbors of Mr. Springer, and live one door away at 837 Govern Circle. We would like to formally submit our support for this variance request. Please register our approval for MR. Springer's variance request at the City Council Meeting, to be held on June 15, 2010. Please let us know if you require any further information. Thank you again for the opportunity to voice our position on this request. Sincerely, zary J. Meyer Eric: Public Hearing Notice cc: Mr. Jon Springer 7e