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10/19/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING October 19, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE P. 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) A. APPROVE MINUTES P $ B. PERSONNEL ITEMS J C. APPROVE Check Registers P.1b D. APPROVE 7 -1 -10 to 7 -1 -11 General Insurance Renewal P 11 E. APPROVE Massage Therapy Establishment License for Laura Johannsen, Changing Tides Massage, 3348 Sherman Court, Unit 103 fla F. APPROVE Tree Maintenance Contractor Licenses for Donald Strom, Strom Tree Service and Peter Strand, Xtreme Tree Team _P13 G. APPROVE Change Orders for Fire Safety Center p14 H. APPROVE Extension for Recording Final Plat (Cedar Grove Park & Ride) — MVTA (?)£� I. APPROVE Contract for Fiber Optic Cable Installation — South Water Treatment Plant f.c�DJ. APPROVE Renewal of Snow Plowing Contract for 2010 -2011 Pal K. RECEIVE Final Assessment Report for Project No. 1024 (Kennebec Drive — Street Overlay) and Schedule Public Hearing (November 16, 2010) fc�L. APPROVE Final Payment for Contract No. 10 -15, Traffic Signal Painting ?a3 M. APPROVE Easement Agreement for Project 971 (Duckwood Drive Overpass — Bridge and Street Improvements) f a4 N. APPROVE Change Order No. 1 for Contract No. 10 -01, Blackhawk Road /Kennebec — Street Overlay f 2 O. APPROVE Final Payment for Contract No. 10 -01, Blackhawk Road /Kennebec — Street Overlay 'eo?.(o P. AWARD Contract 10 -19 (Waters Area Storm Sewer Repair) Q. AWARD Contract 10 -20 (Water Quality /Storm Sewer Sediment Removal) R. Item Removed Pm S. APPROVE Dakota County's 5 -year Transportation Capital Improvement Program (2011 -2015) .SXT. ACCEPT Dedication of Denmark Avenue from USPS R35 U. APPROVE Easement Agreement for Project 905R (Lebanon Hills Regional Park — Storm Sewer �r Improvements) �� V. APPROVE Transfer of City Revolving Loan Fund Deposit from Twin Cities Community Capital Fund to Minnesota Community Capital Fund -P37 W. APPROVE Sub - recipient Agreement with the Dakota County CDA to Continue Agency Coordination of Community Development Block Grant Funding between July 2010 and June 2014 'P3q X. DIRECT Initiation of Consideration of Rezoning of Property at the Intersection of Lexington Avenue and Wescott Road (Lots 3 -5, Block 2 of Westbury 2nd Addition) from PD to R -1 1 Y. APPROVE Extension of Recording Conditional Use Permit and Final Plat - Minnesota Valley Humane Society V. PUBLIC HEARINGS VI. OLD BUSINESS q IA. ORDINANCE AMENDMENT — An Ordinance Amendment to City Code Chapter 11 relative to the outdoor `� storage of vehicles in commercial and industrial districts. VIII. NEW BUSINESS P49 19 A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND A REZONING — Lone Oak Station — City of Eagan - A Comprehensive Guide Plan Amendment from QP, Quasi- Public to IND, Limited Industrial and A Rezoning of Approximately .69 acres from PF, Public Facility to 1 -1, Limited Industrial located at 2980 Lone Oak Circle. B. CONSIDERATION OF ADDITIONAL SUSPENSION/ REVOCATION - BRAR Enterprises, Inc., d.b.a. Blackhawk Liquor & Wine off -sale liquor license based upon its fourth alcohol sales violation within 36 months. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY p 1iw-->I A. CALL TO ORDER 1 B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Resolution to Remove Four TH 77 /Cedar Avenue Right of Way Parcels from Cedar Grove TIF District F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Bap bo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 2010 SUBJECT: AGENDA INFORMATION FOR OCTOBER 19, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 19, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 19, 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 October 5, 2010 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 5, 2010 Regular City Council meeting are enclosed on pages through —7—. N MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 5, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Tilley and Hansen. Councilmember Fields was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, October 5, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Tilley and Hansen. Councilmember Fields was absent. 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 Michael Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Assistant to the City Administrator Miller discussed the Taste of Eagan event to be held on October 14th at the Community Center. CONSENT AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the September 21, 2010 regular City Council meeting and the September 14, 2010 Special City Council meeting as presented. B. Personnel items. 1. It was recommended to authorize the replacement of Matthew Mack, Full Time Mnager on Duty at the Eagan Community Center. 2. It was recommended to authorize the City of Eagan with the assistance of Gallagher Services, to issue a request for proposal to solicit pricing for Long Term Disability (LTD) plans and Employee Assistance Programs in conjunction with a LTD plan for the plan year beginning January 1, 2011. C. It was recommended to ratify check registers dated September 16, 2010 and September 23, 2010, as presented. D. It was recommended to adopt a resolution to approve the City of Prior Lake as a new member of the Suburban Transit Association. E. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 29, 2011. F. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School. G. It was recommended to award contract for the Fiber Optic cable installation for the Fire Safety Center to MP Nexlevel, LLC. H. It was recommended to approve the list of election judges for the November 2, 2010 General Election. I. It was recommended to set a public hearing for November 4, 2010 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. J. It was recommended to set a public hearing for November 4, 2010 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. K. It was recommended to set a public hearing for November 4, 2010 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. S City Council Minutes October 5, 2010 Page 2 L. It was recommended to approve a resolution accepting a $1,000 donation from Frances Kuechler to be used by the Eagan Police Department to purchase equipment. M. It was recommended to adopt a Reoltuion accepting a $2700 donation from the Gopher Resource Corporation and its employees. N. It was recommended to approve a Wetland Bank Credit Withdrawal for Project 1007 (Fish Lake Alum Dosing & Settling Basin). O. It was recommended to approve an Amendment to Contract 10 -05 (Farnum Drive — Street Light Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to authorize a variance to the Construction Activity Noise Regulations to extend night -time construction activity until midnight (12:00 a.m.), Monday, October 18 through Thursday, October 21, 2010, for Ryan Contracting, Inc., in completion of City Contract No. 10 -09 (Cliff Road Trunk Water Main Improvements). Q. It was recommended to approve comments to the Metropolitan Council on their 2010 Update to 2030 Transportation Policy Plan. R. It was recommended to approve a resolution to prohibit parking on: 1. The west side of Blackhawk Road from Bluebill Drive to Palisade Circle, and Gabbro Trail to Taconite Trail; 2. The east side of Blackhawk Road from Taconite Trail to Gabbro Trail, and Palisade Circle to Silver Bell Road; 3. The north side of Deerwood Drive from Blackhawk Road to approximately 375 feet east; 4. Both sides of Denmark Avenue from Northwood Parkway to Lone Oak Road; and 5. Both sides of Clubview Drive from Denmark Avenue to Lexington Avenue. S. It was recommended to approve Change Orders No. 3 and 4 to Contract 09 -20 (Fire Safety Center / Station Trail — Site Grading and Utilities) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve a resolution authorizing the acquisition of Street, Trail, Drainage and Utility easements and Temporary construction easements for Project 971 (Duckwood Drive Overpass — Bridge and Street Improvements) through Eminent Domain proceedings, if necessary, and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve the list of additional staff members to serve as election judges on the absentee ballot board for the November 2, 2010 General Elections. V. This was recommended to approve a Tree Maintenance Contractor License for Ben Isder and Mary Warzecha, B & S Tree Service, 23241 225th Avenue, Pierz, MN. PUBLIC HEARINGS City Administrator Hedges introduced eight public hearings regarding final assessments for street overlay improvements. Public Works Director Colbert discussed the City's Pavement Management Program. PROJECT 1018, GREENSBORO ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1018, Greensboro Additions. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1018 (Greensboro Additions — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 4 City Council Minutes October 5, 2010 Page 3 PROJECT 1023, EAGAN ROYALE / SAFARI ESTATES / SAFARI 3RD & 4T" ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1023, Eagan Royale / Safari Estates / Safari 3rd and 4th Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1023 (Eagan Royale / Safari Estates / Safari 3rd & 4th Additions — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1022, OVERHILL FARM ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1022, Overhill Farm Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1022 ( Overhill Farm Addition — Street Overlay Improvements) and authorize its certification to Dakota County for collection). Aye: 4 Nay: 0 PROJECT 1025, OAKCLIFF 1ST —4 T' ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1025, Oak Cliff 1s' through 4th Additions. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1025 (Oak Cliff 1 s'— 4th Additions — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1008, LEXINGTON / PARKVIEW ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1008, Lexington / Parkview Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1008 (Lexington / Parkview Addition — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 s City Council Minutes October 5, 2010 Page 4 j' PROJECT 1026, NORTHVIEW MEADOWS 2 "D ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1026, Northview Meadows 2nd Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1026 ( Northview Meadows 2nd Addition — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1020, THOMAS LAKE WOODS ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1020, Thomas Lake Woods Addition. Mayor Maguire opened the Public Hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1020 (Thomas Lake Woods Addition — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1027, PATRICK ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1027, Patrick Road. Mayor Maguire opened the Public Hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1027 (Patrick Road — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SECTION 6.34, TOBACCO City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 6 as it relates to tobacco regulation and licensing. He noted that this amendment would bring the City into conformance with the Tobacco Modernization and Compliance Act of 2010 recently passed by the State Legislature as well as certain other housekeeping changes recommended by the City Attorney's office. Councilmember Bakken asked about internet and mail order sales and it was noted that it is illegal in Minnesota to obtain tobacco through the mail or internet orders. P City Council Minutes October 5, 2010 Page 5 -,R,4 F r Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.34 Tobacco. Aye:4 Nay:0 ORDINANCE AMENDMENT CHAPTER 11, SIGNAGE OPTIONS City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11 as it relates to signage options for properties with freeway frontage. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 11, Section 11.70, Subd. 28, relating to signage options for those properties with freeway frontage. Aye: 4 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT — EAGAN PROMENADE SHOPPING CENTER (PROMENADE PLACE LLC) City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit six tenants and eliminate the minimum tenant size requirement for a multi- tenant retail use on property located at 1270 Promenade Place. City Planner Ridley gave a staff report. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to permit six tenants and eliminate the minimum tenant size requirement for a multi- tenant retail use on property located at 1270 Promenade Place and legally described as Lot 6, Block 2, Eagan Promenade. Aye: 4 Nay: 0 LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed the contract for Fish Lake alum dosing and settling basin — water quality improvements. Councilmember Bakken moved, Councilmember Tilley seconded a motion to receive the bids for Contract 09 -04, (Fish Lake Alum Dosing and Settling Basin — Water Quality Improvements) and award the contract to Stocker Excavating, Inc., for the Base Bid in the amount of $249,097.50, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council moved, Councilmember seconded a motion to adjourn the meeting at 7: 30 p.m. Aye:4 Nay:0 Agenda Information Memo October 19, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Steffan Diaz Civic Arena Building Attendant I Brittney Freidlund Civic Arena Building Attendant I Agenda Information Memo October 19, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 30, 2010 and October 7, 2010 as presented. ATTACHMENTS: • Check registers dated September 30, 2010 and October 7, 2010 are enclosed without page number. Agenda Information Memo October 19, 2010, Eagan City Council Meeting D. APPROVE 7 -1 -10 TO 7 -1 -11 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7 -1 -10 to 7 -1 -11. FACTS: ➢ The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Ron Youngdahl and Carl Bennetsen of Northern Capital Insurance Group, the City's insurance representative. ➢ General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. ➢ Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust ( LMCIT) for both price and coverages. Consequently, we have only one quote from the LMCIT to present to the City Council for consideration. ➢ The insurance renewal is being presented to Council part way through the renewal period due to LMCIT processing delays. Appropriate coverage was bound and has been maintained during the past three and a half months. ➢ The total premium decreased approximately 1.9% from the prior year as shown below. A detailed explanation of changes is not included in this packet, but is available upon request from the City Administrator's office. Per the conclusion reached by the City Council on May 18, 2010, the renewal approval includes not waiving the monetary limit on tort liability. ATTACHMENTS (0) Increase Coverage 2009/2010 2010/2011 Amount Percent Property $ 112,362 $ 118,965 $ 6,603 5.9% Municipal Liability 155,375 145,051 (10,324) -6.6% Auto Liab & Damage 49,591 48,538 (1,053) -2.1% Mobile Property 10,096 10,474 378 3.7% Blanket Bond 2,802 2,730 (72) -2.6% Open Meeting Law' 2,096 - (2,096) - 100.0% Boiler & Machinery 16,133 16,142 9 0.1% Total premiums $ 348,455 $ 341,900 $ (6,555) -1.9% This coverage is now included at no additional charge AD &D - Firefighters 2,272 2,272 (AD&D coverage is obtained via another insurance carrier) TO Agenda Memo October 19, 2010 City Council Meeting CONSENT AGENDA: E. Massage Therapy Establishment License — Laura Johannsen, Changing Tides Massage ACTION TO BE CONSIDERED: Approve Massage Therapy Establishment License for Laura Johannsen, Changing Tides Massage, to be located at 3348 Sherman Court, Unit 103 FACTS: • Laura Johannsen has applied for a license to operate a massage therapy establishment at 3348 Sherman Court, Unit • The massage therapy establishment, Changing Tides Massage, will be located within the Worthington Wellness Center, P.A. • All requirements of the application have been met and the fee has been paid. • The Police Department conducted a background investigation and found no reason to deny the proposed license. ATTACHMENTS: • None. The application is available for review in the Administration Department. Agenda Memo October 19, 2010 City Council Meeting CONSENT AGENDA: F. APPROVE Tree Contractor Licenses — Donald Strom, Strom Tree Service; and Peter Strand, Xtreme Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor Licenses for Donald Strom, Strom Tree Service, 301 3`d St. NE, Little Falls, MN Approve Tree Maintenance Contractor License for Peter Strand, Xtreme Tree Service, 218 Logan Ave. W., West St. Paul, MN FACTS: • Donald Strom and Peter Strand have each applied for a tree maintenance contractor license. • All requirements of the applications have been met and fees have been paid. • Staff recommends approval of the licenses. ATTACHMENTS: • The applications are available for review in the Administration Department. 1a Agenda Memo October 19th, 2010 Regular City Council Meeting CONSENT AGENDA: G. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT. ACTION TO BE CONSIDERED: To APPROVE change orders for Fire Safety Center. FACTS: • The Council has previously authorized award of 26 contracts for the construction of the Fire Safety Center project. • Staff from our Construction Management firm, Bossardt continues to work with each contractor that was awarded one of the 26 contracts to find ways to reduce our overall costs through value engineering. • We also have had to make minor adjustments to the project as it proceeds. • The City continues to purse reimbursement for several of these change orders from our architectural firm due to errors /omissions /changes. • City Staff and Bossardt Staff are recommending the following change orders for an increase of $17,848. Even with these current changes, the total add for all change orders up to this point is a net increase of approximately $5,000. This amount is being taken from the projects contingency fund. 1. ASI -019 - Change to heat pumps -$0 2. ASI -022 - Change to metal studs- $1,683 3. PR -004R- Reduce steel edging in landscaping — ($551) 4. PR -012R- Changes in Police Station Remodel - $3,157 5. PR -13 —Relocate roof overflows- $1,660 6. PR -018- Police Station Remodel- floor boxes- $0 7. PR -022 —Fire Station Three modifications- $19,039 8. PR -026 - Police Station Phase two changes- $7,796 9. PR- 027 - Elimination of marker boards- ($1,645) 10. PR -028- Changes in landscape products- $1,380 11. RCO -036- Change embeds on steel doors- $3,045 12. RCO -038- Relocate bathroom plumbing lines- $2,284 13. RCO -041- Credit for T &M for Schammel Electric- ($20,000) ATTACHMENTS: None /3 Agenda Information Memo October 19, 2010, Eagan City Council Meeting H. 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 the 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 February 2, 2011, for the plat to be recorded. ➢ The extension is necessary to coordinate TIF parcels with the Final Plat boundary. ATTACHMENTS (3): Location Map, page /'5- Plat and TIF District Boundary Parcel Map, page Letter from MVTA, page 1'} a � g c a 90003053 h - i�� .` .a v Legend MVTA Plat Boundary ® Parcel included in plat TIF District Boundary MVTA Plat and TIF District Boundary/Parcels o 250 500 ''O Feet A01 N BEST & FLANAGAN LLP AT'roRNEYS AT LAW 225 South Sixth Street, Suite 4000 Minneapolis, Minnesota 55402 -4690 Telephone 612 339 7121 Facsimile 612 339 589 www.bestlaw.coin Julie Strid Planning Department City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: Eagan Transit Station Dear Ms. Strid: RFCEIVED OCT 13 2010 Writer's Direct Dial: (612) 341 -9722 Email Address: Bross cc bestlaw. coin October 12, 2010 I am writing as counsel for Minnesota Valley Transit Authority and the Metropolitan Council to request an extension of time from the City for time to complete the recording of the plat for this project. All parties have signed the plat and it has been submitted to the County, and the County will complete the signing and recording of the plat. MVTA is requesting additional time for the County to complete this process, I am therefore requesting an extension of time of 120 days and have enclosed a $75,00 fee. If you have any questions or need additional information, please contact me. BMR/sar Enclosure cc: Robert Bauer, Eagan City Attorney Beverley Miller, MVTA Peter Hanf, Metropolitan Council u)1W'- 2/2,9000211233598 1 J� Sincerely Barbara M. Ross Agenda Memo October 5, 2010 Regular City Council Meeting CONSENT AGENDA: Award contract for the Fiber Optic Cable Installation — South Water Treatment Plant to MP Nexlevel, LLC. ACTION TO BE CONSIDERED: To award contract to MP Nexlevel, LLC, for the Fiber Optic installation to connect to the Eagan South Water Treatment Plant to the City's communications infrastructure and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: • The City will utilize a fiber optic contractor for installation of fiber optic cable to directly connect the City's South Water Treatment Plant to the City's fiber infrastructure. • The City will use existing private fiber through the IDS #196 joint powers agreement for a portion of this project. • The private fiber connection will provide redundancy and path diversity, eliminating a single point of failure. • The fiber optic installation between Eagan City Hall and the South Water Treatment Plant is included in the 2010 -2014 Part II CIP. ATTACHMENTS: • Enclosed on Page I is a copy of the tabulation of quotes. l8 Fiber Installation South Water Treatment Plant September 22, 2010 - 10:00 A.M. Contractor Bid 10 Year Maintenance Parsons/ Underground Piercing MPNexlevel $42,747.90 $30,623.99 $130,000.00 $6,720.00 Total $172,747.90 $37,343.99 1� Agenda Information Memo October 19, 2010 Eagan City Council Meeting J. RENEWAL OF SNOW PLOWING CONTRACT FOR 2010 -2011 ACTION TO BE CONSIDERED: Renew the Agreement for Contractual Snow and Ice Control services with Gallagher's, Inc., for the 2010 -2011 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan invited bidders to submit sealed quotations for the 2009 -2010 snow and ice control season/ operations. Gallagher's, Inc., was the successful bidder for the street and cul de sac snow removal. The 2009 -2010 contract is renewable upon agreement by both parties for a second year. • Both parties agreed to renew the street and cul de sac snow removal contract with no price increases for the 2010 -2011 season. The City has received timely response and quality service from Gallagher's Inc., through past contracts since 1998. • The renewed agreement provides for the continued use of a fuel surcharge clause allowing for reimbursement of agreed upon quantities of fuel purchased at a rate above $2.50 per gallon for the 2010 -2011 snow and ice control season. • The City Attorney has previously reviewed the contract documents and found everything to be in order for favorable Council consideration. /J Agenda Information Memo October 19, 2010 Eagan City Council Meeting K. PROJECT 1024, KENNEBEC DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1024 (Kennebec Dr. — Street Improvements) and schedule a public hearing to be held on November 16, 2010. FACTS: • Project 1024 provided for the street improvements of Kennebec Drive, between Silver Bell Road and Seneca Road, in northwestern Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 10 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 35% less than the estimate contained in the feasibility report presented at the public hearing held on January 19, 2010. ,Q-) Agenda Information Memo October 19, 2010 Eagan City Council Meeting L. CONTRACT 10-15,2010 TRAFFIC SIGNAL PAINTING ACTION TO BE CONSIDERED: Approve the final payment for Contract 10 -15 (2010 Traffic Signal Painting) in the amount of $12,030.00 to Aerial Painting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 10 -15 provided for the painting of the Cedar Grove Parkway/ Cedarvale Boulevard/ Silver Bell Road and TH 149/ Northwest Parkway/ Blue Gentian Road traffic signal systems. • 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. M Agenda Information Memo October 19, 2010 Eagan City Council Meeting M. PROJECT 971, DUCKWOOD DRIVE OVERPASS EASEMENT ACQUISITION ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 971 (Duckwood Drive — Bridge and Street Improvements) with the owner of Parcel No. 10- 21850- 010-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 16, 2010, the City Council amended the Part III 5 -Year Capital Improvement Program (2010 -2014) to incorporate the placement of Contract 09 -18 (Duckwood Drive/ Federal Drive - Bridge/ Street Improvements) in 2011. The improvement includes the construction of the Duckwood Drive Overpass and associated street improvements. • The construction of an overpass. for Duckwood Drive requires the acquisition of permanent and temporary easements from a number of impacted properties. • Appraisals have been obtained for all required easements. The estimated value of the easements for the referenced property indicated a value of $35,800 (Holiday gas station). An offer was accordingly forwarded to the legal representative of the property. The representative has accepted the City's offer. • An agreement between the City of Eagan and the owner of Parcel 10- 21850- 010 -01, Lot 1, Block 1, Duckwood Crossings, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement 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 due to the pending litigation status of this easement acquisition. a9 Agenda Information Memo October 19, 2010 Eagan City Council Meeting N. CONTRACT 10 -01, BLACKHAWK ROAD / KENNEBEC DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 10 -01 ( Blackhawk Road and Kennebec Drive - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -01 provides for the street improvements of Blackhawk Road (City Project 10 15) and Kennebec Drive (Project 1024). • On June 15, 2010, the City Council awarded the base bid for Contract 10 -01 for these improvements. • As part of the Blackhawk Road project, the segment from Deerwood Drive to Highway 13 was a full reconstruct, with the entire section of existing pavement and underlying recycled concrete base excavated and removed. • Change Order No. 1 provides for the excavation of that part of the existing recycled concrete material which had re- solidified to the extent that is was classified as rock excavation under the contract specifications. This type of material was not encountered in the soil borings taken and therefore not anticipated in the original bid. Per MnDOT Standard Specifications used in the contract, if the original proposal fails to include rock excavation as a bid item, the contractor shall be paid $12.00 per cubic yard above the normal excavation bid price for material classified as rock excavation. Change Order No. 1 provides for a total ADD of $8,004 (667 cubic yards removed, 0.57% of original contract). The cost of the additional work will be the responsibility of the City's Major Street Fund. This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Q� Agenda Information Memo October 19, 2010 Eagan City Council Meeting O. CONTRACT 10 -01, BLACKHAWK ROAD / KENNEBEC DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 10 -01 ( Blackhawk Road and Kennebec Drive - Street Improvements) in the amount of $147,716.28 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 10 -01 provides for the street and trail improvements of Blackhawk Road (City Project 1015) and Kennebec Drive (Project 1024), and the right turn lane/ signal revisions at the intersection of Blackhawk Road and Diffley Road (City Project 719). • 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. Agenda Information Memo October 19, 2010 Eagan City Council Meeting P. CONTRACT 10 -19, WATERS AREA STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 10 -19 (Waters Area — Storm Sewer Improvements) to Minger Construction, Inc., for the base bid in the amount of $19,000.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -19 provides for the repair of the existing public storm sewer system at the rear of the property located at 2945 Lone Oak Drive within the Waters Area (more specifically CSM's Blue Ridge Addition) northeast of Highway 55 and Lone Oak Road. • Routine inspections of the storm sewer system are required as part of the City's Municipal Separate Storm Sewer System (MS4) permit. In the summer of 2010, City staff found significant degradation of the trench zone of a large storm sewer pipe connecting two (2) ponds. • A follow -up inspection after the significant storm event of August 13, 2010, indicated an urgent need to repair the erosion damage adjacent to the storm sewer pipe due to public safety concerns. • Bid proposals to address the storm sewer repair under this contract were received from three (3) bidders. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Minger Construction, Inc., has been reviewed by the Engineering Division and found to provide the best value and is in order for favorable Council action. The cost of the work under the contract will be the responsibility of the City's Storm Sewer Fund. ATTACHMENTS: • Bid Summary, pag6gl. 2-9 BID SUMMARY WATERS AREA STORM SEWER POND CITY CONTRACT NO 10 -19 Bid Date: Thursday, October 14, 2010 3 Quotes Received Contractors Total Base Bid 1. Minger Construction, Inc. $19,000.00 2. Burschville Construction, Inc. $26,925.00 3. G.F. Jedlicki Inc. $29,204.00 44 GAProject and Contract Information \10 -19 Waters Area Storm Sewer Pond\Bid Summary.docX Agenda Information Memo October 19, 2010 Eagan City Council Meeting O. CONTRACT 10 -20, POND SEDIMENT REMOVAL WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 10 -20 (Pond Sediment Removal — Water Quality Improvements) to Minger Construction, Inc., for the base bid in the amount of $41,940.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -20 provides for the removal of sediment collected in storm water ponds connected to the City's storm sewer system for water quality benefits, as programmed for 2010 in the City's 5 -Year Capital Improvement Program (2010- 2014). • Routine inspections of the storm sewer system, including storm water ponds, are required as part of the City's Municipal Separate Storm Sewer System (MS4) permit. Most, if not all, of the storm water ponds or sediment basins were constructed in accordance with a design based upon a required removal rate for Total Suspended Solids (TSS) and the pollutants associated with them. The productivity of the removal rates decrease as these ponds perform the job they were constructed to do. • In order to enable the ponds to function at levels more comparable to their initial removal rate designs, removal of the sediment the ponds have been collecting, as they have been removing TSS from the storm water drainage is required. • The Council's approved 5 -Year CIP (2010 -2014) estimate for this project was $100,000. • Bid proposals to address the sediment removal under this contract were received from three bidders. The contractors described their proposed methods for removing the sediment at the various sites. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Minger Construction, Inc., has been reviewed by the Engineering Division and found to provide the best value and is in order for favorable Council action. The cost of the work under the contract will be the responsibility of the City's Water Quality Renewal & Replacement Fund. ATTACHMENTS: • Bid Summary, page��. 05, 116 BID SUMMARY Bid Date and Time: Wednesday, October 13, 2010, 4:00 p.m. Project Name: Storm Water & Water Quality Ponds Sediment Removal Project Number: 1036 Contract Number: 10 -20 Contractor's Name Total Base Bid Max Steinin er, Inc. $3909.50 Min er Construction Inc. $415940.00 G.F. Jedlicki Inc. $94,140.00 an Agenda Information Memo October 19, 2010 Eagan City Council Meeting S. CAPITAL IMPROVEMENT PLAN (2011 -2015) DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve Dakota County's draft 5 -year Transportation Capital Improvement Program for 2011 -2015. FACTS: • At the May 11, 2010, Special Council Workshop, the Council reviewed and discussed the proposed Public Works Department's 5 -year Capital Improvement Program (CIP) for 2011- 2015. After consideration, the Council affirmed the draft CIP. • On June 1, the City Council approved the 5 -year CIP as discussed at the May 11 Council Workshop, including improvements to County Highways that are important to the City of Eagan. Since the County and City share the cost of all County Highway improvements on a 55/45 split, a comparison of our requests to the County's current CIP were forwarded to the County for consideration in preparing their next CIP (2011 -2015) • The Dakota County Transportation Department has now completed their draft 5 -year CIP for 2011 -2015 which is scheduled to be presented at a public hearing on November 16, 2010, in the Board Room at the County Administration Center in Hastings. • After reviewing Eagan's CIP, as well as their own County Transportation Plan, the County has included all of the County Highway improvements proposed by the City, such as major road upgrades, but doesn't reference specific signalized intersection or trail improvements. The County CIP includes funding for such minor improvements, but does not commit to individual project areas on a long range planning basis. • The County has now requested that the City formally approve the County's draft CIP for 2011 -2015. City staff has reviewed it and found it in order for favorable Council consideration. ATTACHMENTS: % • Comparison of City and County CIP's, paged thr� 5 -Vr Capital Improvement Plan (CIP) Eagan (2011 -2015) vs. County (2011 -2015) 10/14/2010 G: \CIP's \Dakota County \2011 - 2015 \County'11 -15 vs City'11 -15, 10- 14- 10.xls 3( NA =Not Addressed CIP IMPROVEMENTS - Construction Year Eagan's App'd Co. Draft County's (2011 -15 CIP) (2011 -15 CIP) Cost Estimate ROADS 1. Promenade Ave (CSAH 28, Yankee Doodle Rd to Town Centre Dr) 2011 2011 $1,140,000 New Urban 2 -Lane (36' wide) ($1,678,000 est by City) SIGNALS / INTERSECTIONS 1. CSAH 31, Pilot Knob Road at Duckwood Drive 2011 2011 $340,500 Intersection Reconfiguration & Traffic Signal Modification 2. CSAH 28, Yankee Doodle Road at Promenade Ave 2011 2011 $125,000 New Traffic Signal Installation Est by City 3. CSAH 32, Cliff Road at Johnny Cake Ridge Road 2011 2011 $294,250 Intersection Reconfiguration & Traffic Signal Modification 4. CSAH 30, Diffley Road at Cedar Avenue (TH 77) 2011 2011 $100,000 Traffic Signal Upgrade 5. CSAH 32, Cliff Road at Nicols Road 2011 2011 $415,250 Intersection Reconfiguration, Traffic Signal Modification & Trail 6. CSAH 32, Cliff Road- Slater Rd to Beacon Hills/Thomas Ctr NA 2011 $175,000 Fiber Interconnect/APS 7. CSAH 30, Diffley Road at Nicols Road 2012 NA $250,000 Intersection Reconfiguration/Traffic Control Upgrade Est by City 8. CSAH 26, Lone Oak Road at TH 55 2013 NA $125,000 Intersection Reconfiguration/Traffic Control Upgrade Est by City 9. CSAH 28, Yankee Doodle Road at Elrene Rd 2014 2014 $148,500 New Traffic Signal Installation 10. CSAH 28, Yankee Doodle Road at Mike Collins Drive 2014 2014 $148,500 Intersection Reconfiguration TRAILS 1. Adjacent to Multiple County Roads 2011 NA $101,300 Trail Overlays Est by City 2. Adjacent to Multiple County Roads 2013 NA $10,500 Trail Overlays Est by City 3. Adjacent to Multiple County Roads 2014 NA $14,600 Trail Overlays Est by City 5 Year Total $3,388,400 G: \CIP's \Dakota County \2011 - 2015 \County'11 -15 vs City'11 -15, 10- 14- 10.xls 3( Agenda Information Memo October 19, 2010 Eagan City Council Meeting T. DENMARK AVENUE (US POSTAL SERVICE BULK MAIL FACILITY) ACTION TO BE CONSIDERED: Approve a Resolution accepting the dedication of Denmark Avenue street and utility improvements from the United States Postal Service for perpetual City maintenance and authorize the Mayor and City Clerk to execute all related documents. FACTS: • As part of the United States Postal Service (USPS) expansion of their bulk mail facility to incorporate the relocation of the St. Paul Distribution Center, the USPS agreed to construct the Denmark Avenue street and utility improvements adjacent to the bulk mail facility. This construction completes an important segment in the City's Utility watermain looping and transportation network, and provides the main employee parking access to the bulk mail facility. • The improvements have been completed in accordance with City and State specifications, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance. • A small ribbon cutting dedication ceremony is scheduled for 5:00 p.m., October 19, at the south end (near Home Depot). ATTACHEMENTS: • Location map, page • Resolution, page 3 olk MN INTERSTATE / 494 Az Z, Project Location � r `.,. Denmark Avenue Dedication -�. my �l ��Il Fig. 1 Engineering Department 3?) Location Map EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 19, 2010, at 6:30 p.m. The following members were present: Mayor Maguire, Councilmembers Hansen, Fields, Tilley and Bakken; and the following were absent: None. RESOLUTION ACCEPTING WORK DENMARK AVENUE (US Postal Service Bulk Mail Facility) STREET & UTILITY IMPROVEMENTS WHEREAS, the United States Postal Service has satisfactorily completed the Street & Utility Improvements Denmark Avenue, adjacent to the Postal Service Bulk Mail Facility. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF EAGAN MN, the work is completed and is hereby approved and accepted for the City's perpetual maintenance. ADOPTED by the Council this 19`h day of October, 2010. Maria Petersen, City Clerk Mike Maguire, Mayor -J' 1 Agenda Information Memo October 19, 2010 Eagan City Council Meeting U. PROJECT 905R, LEBANON HILLS REGIONAL PARK STORM SEWER EASEMENT ACQUISITION ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 905R (Lebanon Hills Regional Park — Storm Sewer Improvements) on parcel 10- 02600 - 010 -54 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 905R provided for the installation of storm drainage facilities for the southeastern portion of Eagan through the Lebanon Hills Regional Park along Cliff Road to the Holland Lake Lift Station. This project constructed in 2009 required the acquisition of easements from several property owners along Cliff Road. • The City acquired all necessary easements except for three (3) property owners along Cliff Road near Holland Lake. Temporary rights of entry were granted with the understanding that permanent easements would subsequently be negotiated. The City and the County have partnered in the acquisition and negotiations efforts for these three (3) easements. The County is currently proceeding with amenable acquisition of two of the parcels. Appraisals were obtained for all required easements. An offer was accordingly forwarded to the legal representative of the third parcel (10- 02600 - 010 -54). The representative subsequently rejected the City's original offer. • On September 21, 2010, the City Council approved a resolution authorizing the acquisition of Drainage & Utility and Temporary Construction Easements for this third parcel, through Eminent Domain proceedings, but directed staff to continue negotiations in hopes of avoiding the condemnation litigation. • The cost of proceeding with the Council's authorized condemnation action was taken into consideration in a final offer forwarded to the legal representative prior to the initiation of any condemnation action. The representative accepted the City's amended offer which was within the range authorized by the Council in a closed session on September 21. • An agreement between the City of Eagan and the owner of Parcel 10- 02600 - 010 -54 has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement 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 due to the pending litigation status of this easement acquisition. 3S Agenda Information Memo Eagan City Council Meeting Consent Agenda October 19, 2010 V. APPROVE TRANSFER OF CITY REVOLVING LOAN FUND DEPOSIT FROM TWIN CITIES COMMUNITY CAPITAL FUND TO MINNESOTA COMMUNITY CAPITAL FUND ACTION TO BE CONSIDERED: To approve the transfer of the City's Revolving Loan Fund Deposit from Twin Cities Community Capital Fund to Minnesota Community Capital Fund. FACTS: • For the past several years, the city has participated in the Twin Cities Community Capital Fund, an association that leverages the revolving loan fund balances of member communities to originate and place business loans with banks that use them as part of their community investment obligation. Typically, the businesses that fit the program are those that have secured SBA financing, but still have a gap between the SBA loan, business equity and the total business need. • In addition to the leverage benefit, participation in the loan fund provided member cities and prospective borrowers with professional underwriting services. • In recent years, the economy has reduced the market for such loans and the Fund has not been generating activity necessary to continue to operate. As a consequence, the TCCCF board voted to disband on September 28 and refunds of the member cities' deposits will be processed by the end of October. The City is entitled to a refund of $180,000 plus a proportional amount of the Fund's remaining working capital, estimated at $10,000. • While the Twin Cities fund is dissolving, the Minnesota Community Capital Fund, a similar group that has operated for a longer period of time in greater - Minnesota, has voted to extend eligibility for its membership to metro area cities. Staff has reviewed information regarding the MCCF and is proposing that the City Council authorize the transfer of its deposit from the TCCCF to the MCCF and accept membership in that organization. ATTACHMENTS: None Agenda Information Memo Eagan City Council Meeting Consent Agenda October 19, 2010 W. APPROVE SUBRECIPIENT AGREEMENT WITH THE DAKOTA COUNTY CDA TO CONTINUE AGENCY COORDINATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BETWEEN JULY 2010 AND JUNE 2014 ACTION TO BE CONSIDERED: To approve the Subrecipient Agreement with the Dakota County CDA to Continue Agency coordination of Community Development Block Grant Funding between July 2010 and June 2014. FACTS: • Like the other cities in Dakota County, the City of Eagan has worked in cooperation with the Dakota County CDA to coordinate its application for and use of Community Development Block Grant funding. That relationship is managed under a Subrecipient Agreement that defines the roles and responsibilities of the parties. • Cities participating with the CDA do not need to replicate staff and HUD coordination activities because of the CDA staff expertise and related efficiencies. • Subrecipient Agreements have typically covered three year periods and the agreement for the next three year term is in order at this time. • In order to respond to HUD requirements for timeliness of expenditure the CDA is proposing several amendments in the proposed agreement that would permit funds that are allocated, but unused after three years to be reallocated to other uses. CDA staff indicates that the purpose would be to provide the mechanism for reallocation in the agreement, but that the intention will remain for cities to invest their CDBG allocations according to their individual priorities. ATTACHMENTS: • Due to its length, the Subrecipient Agreement is available on request. • Summary of Changes in Proposed Agreement on page;& 3% CDBG SUBRECIPIENT AGREEMENTS Dakota County Beginning FY10 (7/01/10) Changes are being made to all CDBG Subrecipient Agreements beginning July 1, 2010 as follows: 1. This agreement will be used for the next four program years, and only certain Exhibits will need to change on an annual basis. The "Time of Performance" on page one now reads: • Services of the Subrecipient shall start on the first day of July 2010 and end on the last day of June 2014, which is the current Fiscal Year 2010 and the 3 -year term associated with the CDBG and HOME Cooperative Agreement for Fiscal Years 2011 through 2013. This Agreement remains in effect until it is replaced by a subsequent Subrecipient Agreement. 2. Section IV.0 has been added to address situations where corrective actions are necessary for program compliance issues, which now reads: A Subrecipient's failure to comply with any provision of this Agreement may lead to corrective actions by the Grantee. The Grantee shall provide the Subrecipient with written notice of the Subrecipient's failure to comply with certain provisions. The Subrecipient will have fifteen (15) days upon receipt of the notice to respond in writing as to the corrective action that will be taken. Failure to respond to the notice and /or to implement the proposed corrective action(s) to the Grantee's sole and full satisfaction will cause the Grantee to take remedial action, including, but not limited to the following: (1) reimbursement requests will not be processed by the Grantee; (2) CDBG funds will be recaptured from the Subrecipient that have already been expended or obligated; and /or (3) the Grantee will terminate this Agreement. 3. Section MD has been added to require a Subrecipient to repay CDBG funds, if necessary, based on certain non - compliance conditions. The Grantee has the right to require the Subrecipient to repay CDBG funds if any of the following conditions occur: (1) HUD requires payback for any reason; (2) the Grantee has not been informed of a service or program change by the Subrecipient and has expended funds for such purposes; (3) the Grantee has decided that a cost was disallowed or unauthorized after the Subrecipient obligated such cost; or (4) the Subrecipient receives funds, rebates or interest on CDBG reimbursed expenses, and it has not forwarded these funds to the Grantee. 4. Section VIII.B has been added to allow the CDA to recapture and reallocate older CDBG funds that are not being spent in a timely manner. • Reallocation of funds, if necessary, will be done according to the CDBG Contingency Plan attached in Exhibit N, as amended. The Grantee has the right to recapture unexpended or unobligated funds that are older than three (3) years prior to the current Fiscal Year. Recaptured CDBG funds will be added to an approved county -wide CDBG Activity. MWW KNII Agenda Information Memo Eagan City Council Meeting Consent Agenda October 19, 2010 X. DIRECT INITIATION OF CONSIDERATION OF REZONING OF PROPERTY AT THE INTERSECTION OF LEXINGTON AVENUE AND WESCOTT ROAD (LOTS 3 -5, BLOCK 2 OF WESTBURY 2 No ADDITION) FROM PD TO R -1 ACTION TO BE CONSIDERED: To direct initiation of consideration of rezoning of property at the intersection of Lexington Avenue and Wescott Road (Lots 3 -5, Block 2 of Westbury 2nd Addition) from PD to R -1. FACTS: • The property on the southwest quadrant of the intersection of Lexington Avenue and Wescott Road was developed under the Westbury Planned Development in the mid 1980s. • While the PD included latitude for the alternative of twinhomes, the area was built out as a single family detached neighborhood. • This aspect of the PD was brought to staff's attention through a review of the City's planned developments, but in consideration of the fact that the development was nearly complete, it was concluded that the cost of removing homes and combining existing lots to create twinhome lots made it very unlikely that it would occur. • At this time, all of the lots in this neighborhood are occupied by existing homes, except the three lots at the intersection of Lexington Avenue and Wescott Road that are owned by the Magellan Pipeline Company. The lots experienced an oil spill around the time of the original development and have remained undeveloped to this point. While the status of the lots relative to the spill is unknown, staff has been informed that Magellan is exploring the potential sale of the parcels. • Two of the three vacant lots are large enough to be subdivided into twinhome lots that would not be consistent with the remainder of the neighborhood. It would appear that it would be in the interest of the neighborhood and the City to clarify the zoning such that only single family detached homes of the kind built around the lots could be built there. • All three lots are large enough to be conforming R -1 lots. Rather than modify the PD, it appears more effective in this case to consider a rezoning from PD to R -1 for the lots. If this action is approved, that matter will be forwarded to the Advisory Planning Commission for recommendation. ATTACHMENTS: • Location map on page qD qD �9 Location Map g O'Ceary Lake-Park LU � ' 1 E e Kftd i OOD OR'VE DUCKWOOD OR Oil DiHley Rd 0 `� oa 3 m 0P ciirrfta tee• Map Area �..�..r .�.' Extent CON L.LL1L O; e y � Muelle %Farm Park e= r 0 �' n � WESCOTTROAD or O Barbara Cury Park.P_ark D M Y Subject Site r I � r 9 Park NOaI"JViEW PARK Rol, C NORTMIEW PARK ROAD a Northview Park C � Patrick Eagan.Park 0 o O 2 Q w i Feet 0 500 1,000 2,000 Legend Project Name: Westbury 2nd Addition City Boundary Parcels Parks Buildings N City EakaR of Agenda Information Memo October 19, 2010, Eagan City Council Meeting Y. EXTENSION OF RECORDING CONDITIONAL USE PERMIT AND FINAL PLAT - MINNESOTA VALLEY HUMANE SOCIETY ACTION TO BE CONSIDERED: To approve a 90 -day extension to the recording of the Conditional Use Permit to allow a kennel with an outdoor play area and Final Plat for Apollo Road Addition consisting of a single lot on approximately 1.4 acres on property located at 951 Apollo Road in the NW 1/4 of Section 11. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Plat on May 4, 2010. ➢ A 120 -day extension of time to record the subdivision was granted on July 6, 2010. ➢ The applicant is requesting a 90 -day extension at this time to allow additional fundraising before they are able to close on the property. Please see attached e -mail from the applicant. ➢ The requested 90 -day extension would allow until January 31, 2011 for the Conditional Use Permit and Final Plat to be recorded. ATTACHMENTS (2): Location Map, page E -mail from CNH Architects, page 41 Location Map Project Name: Minnesota Valley Humane Society ` City of Wan I I 1 Fee; 500 1,000 2,000 Legend J =>» L�s,City Bcundary Parcels \ Parks Buildings N Sarah Thomas From: Quinn Hutson [ghutson @cnharch.com] Sent: Wednesday, October 13, 2010 11:44 AM To: Sarah Thomas Cc: Lynae Gieseke Subject: 10013 - MVHS: CUP Extension Dear Sarah, On behalf of Minnesota Valley Humane Society I would like to request a 3 month extension to the filing of the approved Conditional Use Permit. I have talked with MVHS and they are in the middle of their capital campaign but have some additional fundraising to go before they are able to schedule and close on the Apollo Road property. As soon as the closing has occurred, they will file the revised plat and CUP with Dakota County and complete the process. A check for $75 will be sent to you directly from MVHS for processing of this extension. Please let me know if you need any additional information. Thanks for your assistance with this extension. Best 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 `l3 Agenda Information Memo October 19, 2010 Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to City Code Chapter 11, Section 11.70, relative to the outdoor storage of vehicles in commercial and industrial districts and to direct the City Attorney to publish the amendment in the Iegal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The Eagan City Code permits the outdoor storage of business related vehicles in most commercial zoning districts through a Conditional Use Permit (CUP) in order to regulate situations in which such storage makes up a substantial part of the use of a property. ➢ At the other end of the spectrum, there are a number of businesses that have a service vehicle or two stored on premise; typically, these include a hotel /day care shuttle, restaurant /grocery delivery van, etc. ➢ The City Code presently classifies anything stored outdoors, overnight, as outdoor storage and subject to a CUP. ➢ Staff surveyed a number of metro cities regarding this type of accessory use. In most cases, a limited number (1 -3) of this type of storage is permitted. Staff believes this type of support vehicle is "part of doing business" and permitting a limited number of such vehicles is reasonable and will not have an adverse impact on the community in general. ➢ The City Council directed staff to initiate this amendment at their regular meeting of July 20, 2010. ➢ The Advisory Planning Commission held the Public Hearing on September 28, 2010 and are recommending approval. ATTACHMENTS: (2) Draft September 28, 2010 APC Minutes on age 4!' Staff report and draft ordinance on pages � through ty ``t'� Advisory Planning Commission September 28, 2010 Page 4 of 6 C. Ordinance Amendment Applicant Name: City of Eagan Application: Ordinance Amendment An Ordinance Amendment to City Code Chapter 11 relative to the outdoor storage of vehicles in commercial and industrial districts. File Number: 01- OR- 05 -08 -10 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated September 15, 2010. He noted the background, and history and purpose for the amendment. Chair Chavez questioned the use of the term "standard vehicle parking stall" and whether that is sufficiently clear. City Planner Ridley explained that the "standard" refers to the stall size specified in the City ordinance, which is 10'x 19' as opposed to a non - standard size, such as a handicapped accessible stall. In cases where a development has received approval for a smaller stall size, 9' x 19' for example, than that becomes the "standard" stall sizefor that site. City Attorney Bauer suggested verbiage could be changed to "standard non - handicapped stall," and his office will check into possible clarifying; language before the Council meeting. Member Supina asked if the applicant is required to provide the required number of off - street parking stalls in addition to the stalls occupied by the stored ''vehicles. City Planner Ridley indicated that if parking needs on a site exceeded the amount of parking provided, the owner would need to address the situation by adding more parking or removing the stored vehicles to free up those stalls. Chair Chavez commented that in the majority of these situations, the vehicles are stored overnight and do not conflict with the off - street parking needs during the day. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Piper seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11, Section 11. 70, by adding Subd. 22 (D), relating to outdoor storage of vehicles in commercial and industrial districts. All voted in favor. Motion carried 7 -0. I I5 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 15, 2010 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 05 -08 -10 HEARING DATE: September 28, 2010 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section 11. 70, by adding Subd. 22 (D), relating to outdoor storage of vehicles in commercial and industrial districts. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5 states, in part: The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUND/HISTORY The Eagan City Code permits the outdoor storage of business related vehicles in industrial areas and most commercial zoning districts through a Conditional Use Permit (CUP) in order to regulate situations in which such storage makes up a substantial part of the use of a property. The City Council directed staff to initiate this amendment on July 20, 2010. EXISTING CONDITIONS The City Code presently classifies anything stored outdoors, overnight, as outdoor storage and subject to a CUP; however, there are a number of businesses in town that have a service Z/6 Planning Report — Ordinance Amendment September 28, 2010 Page 2 vehicle(s) stored on premise that support an accessory function of the business on site; typically, these have included a hotel /day care shuttle vans, restaurant /grocery delivery vans, computer geek services, etc. EVALUATION OF REQUEST Staff surveyed a number of metro cities regarding this type of accessory use. In most cases, a limited number (1 -3) of this type of storage is permitted. Staff believes this type of support vehicle is "part of doing business" and, further, that permitting a limited number of such vehicles is responsive to business needs and will not have an adverse impact on the community in general. The intention is that this type of storage would be limited to vehicles that can fit in a standard parking stall. Storage of larger vehicles, equipment or trailers would remain subject to a CUP approval. SUMMARY /CONCLUSION City staff believes this amendment is responsive to business needs that have changed over time and, more specifically, since the original outdoor storage language was created some 25+ years ago. The City Attorney has worked with staff to fashion the amendment so that it clarifies the intent to be one that limits the number & size of vehicles and emphasizes the accessory nature of this type of use. Storage needs outside of what is expressed will still require CUP approval. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.70, by adding Subd. 22 (D), relating to outdoor storage of vehicles in commercial and industrial districts. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBDIVISION 22, REGARDING OUTDOOR STORAGE OF VEHICLES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.70, Subdivision 22 (D), to read as follows: D. Exemptions. Notwithstanding any other provisions of this section, the occupant of a property zoned for commercial or industrial uses may store up to three (3) passenger motor vehicles on the property, provided the vehicle(s) is (1) owned or leased by the occupant; (2) the vehicle is regularly used in connection with and as an integral component of the operation of the principle use on the property; and (3) is not larger than the footprint of a standard passenger vehicle parking stall. This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi - tractors, or vehicles for sale. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Lynn Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: two Agenda Information Memo October 19, 2010, Eagan City Council Meeting VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING — FIRE STATION TWO, (CITY OF EAGAN) ACTIONS TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment to change the land use designation from QP, Quasi- Public to IND, Limited Industrial for 0.68 acres located at 2980 Lone Oak Circle (OR direct preparation of findings of fact for denial). To waive the adjacent community 60 -day review and comment period for the Comprehensive Plan Amendment to change the land use designation from QP, Quasi- Public to IND, Limited Industrial for 0.68 acres located at 2980 Lone Oak Circle. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The subject property is a 0.69 -acre site and currently operates as Fire Station 2. ➢ Fire station 2 operations will be relocated to the new Fire Safety Campus at Wescott Woodlands and Yankee Doodle Road in 2011, and will have no need for this site. In anticipation of the sale of the property and to successfully market the site, the City Council directed staff to initiate a Comprehensive Guide Plan Amendment and Rezoning of the property on July 1, 2010. ➢ The site is developed with a 7,000 s.f. building and 26 parking stalls. ➢ This proposal is consistent with the surrounding properties, which are zoned I -1, Limited Industrial and guided IND, Limited Industrial and utilized for warehouse and storage purposes. ➢ Based on a recent ALTA survey, the site appears to comply with existing I -1 bulk standards for setbacks, building coverage, green space, etc. ➢ As a public facility, this property was exempt from park and trail dedication at the time it was developed. Park and trail dedications will become due with the sale of the property for private use. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Waived ? ?? ATTACHMENTS (3): Location Map, pagesren�k --r Draft APC Minutes, Se tember 28, 2010, pagoji- Planning Report, pages through MW of Location Map 'Y� Lo ak RA Yank..DooAle.Re P O DifllvyR / - Cliff Re le k Map Area Extent J, T ZZ T SC f,IC -'EF'1 ! Lexington Park Z t� Q Subject Site m_ ....... ._.... ........,_..�_.— C:S-ArH. -NO-a6 eNE-OAK RD.)°--- • °.-- °.m..._�_ - a 43 = 1 I = a 2 r z X W .J North Park Park b z c Project Name: Lone Oak Station Feet Request: Comprehensive Guide Plan 0 500 1,000 2,000 Amendment and Rezoning Legend Case Nos.: 02- CG- 02- 06 -10; 02- RZ- 02 -06 -10 J■M11ft Ali 11 w City Boundary Parcels Parks Buildings N City of Eap O Advisory Planning Commission September 28, 2010 Page 3 of 6 B. Lone Oak Station Applicant Name: City of Eagan Location: 2980 Lone Oak Circle Application: Comprehensive Guide Plan Amendment and Rezoning A Comprehensive Guide Plan Amendment from QP, Quasi- Public to IND, Limited Industrial and a Rezoning from PF, Public Facilities, to 1 -1, Limited Industrial. File Number: 02- CG- 02 -06 -10 Planner Dudziak introduced this item and highlighted the information, presented in the City Staff report dated September 21, 2010. She noted the background, and history. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Daley moved, Member Filipi seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from QP, Public /Quasi - Public, to IND, Limited Industrial, for approximately 0.69 acres located at 2980 Lone Oak Circle, legally described as North 150 feet of the West 200 feet of Lot 2, Eagandale Center Industrial Park No. 2. All voted in favor. Motion carried 7 -0. Member Daley moved, Member Heaney seconded a motion to recommend approval of a Rezoning to change.the zoning designation from PF, Public Facilities, to 1 -1, Limited Industrial, for approximately 0.69 acres located at 2980 Lone Oak Circle, legally described as North 150 feet of the West 200 feet of Lot 2,' Eagandale Center Industrial Park No. 2. All voted in favor. Motion carried 7 -0. 5� PLANNING REPORT CITY OF EAGAN REPORT DATE: September 21, 2010 APPLICANT: City of Eagan PROPERTY OWNER: City of Eagan REQUEST: Comp. Guide Plan Amendment Rezoning LOCATION: 2980 Lone Oak Circle CASE: 02- CG- 02- 06 -10; 02- RZ- 02 -06 -10 HEARING DATE: September 28, 2010 APPLICATION DATE: June 16, 2010 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: QP, Public /Quasi - Public ZONING: PF, Public Facilities SUMMARY OF REQUEST The City of Eagan is requesting approval of a Comprehensive Guide Plan Amendment from QP to IND, and a Rezoning from PF to I -1 for approximately 0.69 acres located at 2980 Lone Oak Circle, legally described as the North 150 feet of the West 200 feet of Lot 2, Eagandale Center Industrial Park No. 2. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report — Eagan Fire Station 2 July 27, 2010 Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affinnative vote of two - thirds of all members of the council. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND /HISTORY The subject property is a 0.69 -acre site currently functions as Eagan Fire Station 2. Fire Station 2 operations are scheduled to move to the new Fire Safety Campus at Wescott Woodlands and Yankee Doodle Road, which is currently under construction and anticipated to be completed in 2011. Once the move is made, the City will have no need for the site at 2980 Lone Oak Circle. In preparation for sale of the property, the City Council directed staff to initiate a Comprehensive Guide Plan Amendment and Rezoning of the property on July 1, 2010. EXISTING CONDITIONS The site is developed with a City Fire Station (Eagan Fire Station Two) consisting of an approximately 7,000 s.f. building and 26 parking stalls which was constructed in 1972. The building contains five garage bays, offices, restroorns, hose tower and shop area on the main floor, and a lounge /training room, kitchen, office and restroom on the second floor. Access to the site is provided from Lone Oak Circle. SURROUNDING USES The site is completely surrounded by property zoned I -1, Limited Industrial and guided IND, Limited Industrial and utilized for warehouse and storage purposes. EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed Limited hndustrial Land Use and Zoning designations are the same as surrounding properties. G5 Planning Report — Eagan Fire Station 2 July 27, 2010 Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed Land Use designation associated with this request is Limited Industrial. The subject site is located within Noise Policy Zone 4. The adopted zoning standards consider industrial uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Anal — No new construction is proposed at this time. No changes are proposed to the existing building, site plan or landscaping. The site is served by public water, sanitary and storm sewer systems, and takes access from Lone Oak Circle. An ALTA survey of the existing conditions has been prepared. Based on the survey, the site appears to comply with existing I -1 bulk standards for setbacks, building coverage, green space, etc. There are 26 off - street parking stalls provided. Parks and Recreation — As a public facility, this property was exempt from park and trail dedication at the time it was developed. Park and trail dedications will become due with the sale of the property for private use. Park dedication is estimated to be $1,806 ($2,618 per net acre for property platted before 1983), and trail dedication is estimated to be $863 ($1,251 per net acre). The actual amounts will be detennined at the time of sale. SUMMARY /CONCLUSION The City of Eagan is requesting approval of a Comprehensive Guide Plan Amendment and Rezoning of approximately 0.69 -acres located at 2980 Lone Oak Circle. The site currently functions as Eagan Fire Station Two. When fire station operations are relocated to the new Fire Safety Campus in 2011, the City plans to dispose of this property. In anticipation of the sale and to successfully market the site, the City is seeking to change both the land use and zoning designations to Limited Industrial, IND and I -1 respectively. This proposal is consistent with the land use and zoning designations of surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from QP, Public /Quasi- Public, to IND, Limited Industrial, for approximately 0.69 acres located at 2980 Lone Oak Circle, legally described as North 150 feet of the West 200 feet of Lot 2, Eagandale Center Industrial Park No. 2. To recommend approval of a Rezoning from PF, Public Facilities, to I -1, Limited Industrial, upon the 0.69 -acre site located at 2980 Lone Oak Circle, legally described as the North 150 feet of the West 200 feet of Lot 2, Eagandale Center Industrial Park No. 2. S� Location Map Project Name: Lone Oak Station Request: Comprehensive Guide Plan Amendment and Rezoning Case Nos.: 02- CG- 02- 06 -10; 02- RZ- 02 -06 -10 City of Eagan al I I I Feet 500 1,000 2,000 Legend J MIJM City Boundary Parcels Parks Buildings N Current Zoning and Comprehensive Guide Plan Land Use Map Fire Station 2 Comp Plan Amendment & Rezoning 02- CG- 02- 06 -10; 02- RZ- 02 -06 -10 Zoning Map BP °a E I I I I I I I 111 41* > , Land Use Map a BP c u R a I "� d P Location o I' IND P o Location IND Current Zoning: I -, Limited Industrial PP ND C.S.A.H. N0.26 (LONE OAK RD.) IND BP IND IN T 600 0 600 1200 F— IND F�i- :.S.A.H. NO.26 (LONE OAK RD.) I -1 PD I� 1 -1 A I -1 I S00 0 600 1300 FSS1 Comprehensive Guide Plan B Land Use Map - IND z IND O BP z x IND P o Location IND IND s d D IND D 2D RC QP Current Land Use Designation: IND Limited Industrial ND C.S.A.H. N0.26 (LONE OAK RD.) IND BP IND IN 600 0 600 1200 F— IND F�i- L--j o E 9 E T J a E El ............. . .. ............. . . . . . . . . . . ............ I all Iz r., � io i �a4 009 M.f i'-9 70YID cu F- -- -17 ly v N07 111.1-l'. T 1 14 1 2 E—S du E E 'e T2 Lu EE LU LAJ ov' 26 E E 'e T2 I1� S15 S15 > /0 OS/ 3, 09, /Z. OS g �� • < I - �IJ � SSYN9 W Z 101 30 L OOZ X,l iS3M 3H1 30 3Nn Lsy3 , �o oa m� li 01 ~ o \ 2WW 313gJ NOJ ££ W _ J LI I I �� m ► W i I a e�� \ J WO Xw i W j `•, a ILAWAVO a 0•z a o < > jox Q� U D7 U H F- Z O J \ C\ h I om U o ao f5 \ ff G> 00< J l,l I m z 4 0 3 ix o V, m m 0 4v CN 0z gloz ~ l r m - try 01 I Z 101 d0 °- 3NI1153M S - _s s s rr ,O.tir �13BONOO s ter/ _ R4 �a 20 /0.09/ M„0S,IL.ON - d o WUry SnO N /nnl /B J,y h � i0 U W�0 �J U O S NYS d21 , 6 SNK d11 ,6 .. e — vo snON/nnl/B 003 -" ® �N0 � �Q a ti0 N SnON /nnl /B 5 15 dJd' ,8/ _ c� G - �� Lam^ � \ Agenda Information Memo October 19, 2010, Eagan City Council Meeting VII. NEW BUSINESS CONSIDERATION OF ADDITIONAL SUSPENSION/REVOCATION — BRAR ENTERPRISES, INC., D.B.A. BLACKHAWK LIQUOR & WINE OFF -SALE LIQUOR LICENSE BASED UPON ITS FOURTH ALCOHOL SALES VIOLATION WITHIN 36 MONTHS ACTION TO BE CONSIDERED: To impose no additional penalties upon the licensee. Or To adopt Findings of Fact and Resolution to impose additional restrictions on the licensee to include up to an additional 30 days suspension of the off -sale license. Or To adopt Findings of Fact and Resolution to revoke the off -sale liquor license. FACTS: ➢ On July 27, 2010, an agent of the Minnesota Department of Public Safety - Alcohol and Gambling Enforcement Division found that BRAR Enterprises, Inc., d.b.a. Blackhawk Liquor & Wine, purchased liquor from another retailer for the purpose of resale while on the Minnesota Department of Revenue Liquor Posting tax delinquent list. (The licensee is still identified as being on this list, which means that no liquor deliveries can be made to the establishment until the tax delinquency has been satisfied.) On August 24, 2010, the agency sent notice to the licensee of this violation. A $1,000 civil penalty was imposed and payment was to be made by September 13, 2010 or a request for a hearing was to be submitted by this date. On September 14, the agency informed staff that the licensee did not appeal the matter nor was the civil penalty paid. ➢ The fourth violation, wherein the licensee purchased alcohol from another retailer for the purpose of resale, is a violation of MS 340A.415 and Eagan City Code Chapter 5, Section 5.02, Subd. 4 (G). Per this subdivision of the City Code, a civil penalty of $2,000 and 30- day suspension of the license shall be imposed upon a licensee for the fourth or more violation within a 36 -month period and the civil penalty shall be paid within 30 days of the date of notice from the City. Additionally, no suspension or civil penalty imposed shall take effect until the licensee has been given an opportunity for a hearing. The licensee was afforded the right to a hearing to appeal this matter but did not request one. ➢ The three previous alcohol sales violations occurred as follows: March 15, 2008 — sale of alcohol to a minor (no hearing requested); July 17, 2008 — sale of alcohol to a minor (no hearing requested); September 1, 2009 - purchased liquor at retail for the purpose of resale (no hearing requested.) ➢ As a result of the fourth violation, the off -sale liquor license for BRAR Enterprises, Inc. was suspended by the City on September 30, 2010 at 12:01 a.m. for a period of 30 days. 1,01 The suspension will end on October 29, 2010 at 11:59 p.m. Additionally, the licensee was required to pay a civil penalty of $1,000 to the City no later than October 14, 2010. Minnesota Statute 340A.415 does not allow a civil penalty greater than $2,000 to be imposed for each violation. Per the notice of violation that was issued by the state of Minnesota on August 24, 2010, the licensee was fined $1,000 for violation of state law. As such, the City could only impose a civil penalty of $1,000 so as not to exceed the $2,000 cap established by state law. ➢ Section 5.02, Subd. 4 (H) states that if the licensee fails to pay the civil penalty within 30 days of the notice, the licensee's license shall be suspended until the civil penalty, plus any surcharge for interest for late payment, is paid in full. A licensee shall first have a right to a hearing regarding this matter. Since the licensee has not paid the $1,000 civil penalty in the prescribed timeframe, another hearing will need to be afforded to the licensee depending upon the action taken by the Council regarding the license status. ➢ The Deputy Chief of Police informed staff that when officers checked to make sure the establishment was not operating during the suspension period they noticed a sign on the door indicating that the business is for sale. ➢ Pursuant to Eagan City Code, Section 5.02, Subd. 4 (G) any licensee found to have a fourth or more violation within a 36 -month period shall appear before the Council for consideration of revocation or additional days of suspension of the licensee's license. The City Clerk shall set the date and time of the Council's hearing for any regular Council meeting. On October 12, the licensee was sent notice of the October 19 hearing before the City Council to consider additional penalties related to the alcohol sales violations. The notice was sent to the establishment as well as to the licensee's home address. ➢ Although the City Code specifically addresses penalties for four or more violations within 36 months, it should be noted that this is the licensee's fifth alcohol sales violation within 37 months. The fifth violation occurred on July 18, 2007 and involved the licensee purchasing liquor at retail for the purpose of resale. As required by Code, a hearing was held before the City Council on November 19, 2009 since the licensee had received four or more violations within a 36 -month period. The attached minutes from the November 19 Council meeting reflect the Council's discussion and subsequent action. ➢ Aside from the 30 -day suspension and the $1,000 civil penalty already imposed upon BRAR Enterprises, Inc., the City Council could 1) choose to impose no additional penalties, 2) suspend the off -sale liquor license up to an additional 30 days or 3) order the revocation. ATTACHMENTS (7): ➢ Findings of Fact and Resolution for suspension of off -sale liquor license enclosed on pages through 0 . ➢ Findings of Fact and Resolution for revocation of the off -sale liquor license enclosed on pagesthrough qa . ➢ August 24, 2010 notice of agency action sent to licensee by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement on page " ➢ September 14, 2010 City of Eagan notice of alcohol sales violation on page. ➢ October 12, 2010 letter to licensee providing notice of the intent to consider additional penalties related to alcohol sales violations on page 7S . ➢ City of Eagan notices of alcohol sales violations: March 15, 2008, July 17, 2008 and September 1, 2009 enclosed on pages � through ➢ tes from the November 17, 2009 Council meeting enclosed on pages through EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 19, 2010, at 6:30 p.m. The following members were present: Maguire, Bakken, Hansen, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: FINDINGS OF FACT AND RESOLUTION FOR SUSPENSION OF OFF -SALE LIQUOR LICENSE FOR BRAR ENTERPRISES, INC. D/B /A BLACKHAWK LIQUOR AND WINE A hearing was held before the Eagan City Council for consideration of revocation or additional suspension of the off -sale liquor license held by BRAR Enterprises, Inc. as a result of its fourth or more alcohol sales violation within 36 months. Based upon the information produced at the hearing and all records, files and documents presented to Council in this matter, the City Council of the City of Eagan makes the following: FINDINGS OF FACT 1. The City Council of the City of Eagan granted an off -sale liquor license to BRAR Enterprises, Inc., doing business as Blackhawk Liquor and Wine ( "Licensee "), located at 4130 Blackhawk Road, Eagan, Minnesota 55122. 2. On or about August 26, 2010, the Minnesota Department of Public Safety — Alcohol and Gambling Enforcement Division notified the City of its agency action against the Licensee for unlawfully obtaining alcohol from another retailer for the purpose of resale. 3. Under Minnesota state liquor regulations, Minn. Stat. Chapter 340A, licensed liquor retailers may purchase their stock of alcoholic beverages only from duly licensed Minnesota manufacturers, brewers, and wholesale distributors. While licensed liquor retailer is on the Minnesota Department of Revenue Liquor Posting tax delinquent list, no alcoholic beverages may be delivered to the retail establishment until the tax delinquency has been satisfied. On July 27, 2010, the Licensee was on the Minnesota Department of Revenue Liquor Posting tax delinquent list when an agent of the Alcohol and Gambling Enforcement Division inspected the Licensee's premises and observed alcohol from another retailer displayed for the purposes of resale. 4. The Minnesota Department of Public Safety - Alcohol and Gambling Enforcement Division imposed a civil penalty against the Licensee in the amount of $1,000.00 pursuant to Minn. Stat. § 340A.415. 0 5. The July 27, 2010 violation constitutes the Licensee's fourth (4h) alcohol sales violation within a 36 -month period. The violation constitutes the Licensee's fifth (5t') alcohol sales violation within a 37 -month period: July 18, 2007 — Obtained alcohol from another retailer for purposes of resale. 6. The Licensee's three previous alcohol sales violations within the 36 -month period occurred as follows: March 15, 2008 — Sale of alcohol to a minor; July 17, 2008 — Sale of alcohol to a minor and September 1, 2009 - Obtained alcohol from another retailer for the purpose of resale. The City sent Notices of Alcohol Sales Violation to the Licensee for each of the three previous violations. Licensee did not appeal any of the violation Notices and paid all civil penalties and complied with imposed suspensions. 7. Upon the Licensee's fourth violation on July 27, 2010, the City sent a Notice of Alcohol Sales Violation to the Licensee, dated September 14, 2010. 8. Pursuant to Eagan City Code, Section 5.02, the Notice of Alcohol Sales Violation notified the Licensee that the City of Eagan imposed a civil penalty of $1,000.00 and 30 -day suspension, effective September 30, 2010 at 12:01 a.m. and ending on October 29, 2010 at 11:59 p.m. 9. Pursuant to Eagan City Code, Section 5.02, the Licensee was further advised of its right to a hearing to appeal the Notice and imposition of the civil penalties. The Licensee did not request a hearing to appeal the September 14, 2010 Notice of Alcohol Sales Violation. 10. A copy of the Notice of Alcohol Sales Violation, dated September 14, 2010, is attached hereto and incorporated as a part hereof as Exhibit "A ". 11. The Licensee's civil penalty of $1,000.00 was required to be paid on or before October 14, 2010. The Licensee has not paid the $1,000.00 civil penalty. 12. Pursuant to Eagan City Code, Section 5.02, a civil penalty of $2,000.00 and 30 -day suspension of the license shall be imposed upon a licensee upon the fourth or more violation within a 36 -month period and the civil penalty shall be paid within 30 days of the date of Notice from the City. 13. Because the State of Minnesota has imposed a $1,000.00 civil penalty upon the Licensee for the violation, the City's civil penalty is limited to the sum of $1,000.00 and no additional monetary penalty may be imposed upon the Licensee. 14. Eagan City Code, Section 5.02, further provides that any licensee found to have a fourth or more violation within a 36 -month period shall appear before the Council for consideration of revocation or additional days of suspension of the licensee's license. The City Clerk set the time and date of the hearing before the Council as required by Section 5.02. 15. On October 12, 2010, the City sent to the Licensee a Notice of Hearing Before City Council: Consideration of License Revocation or Additional Suspension Related to Alcohol Sales 2 39 Violations. A copy of the Notice is attached hereto and made a part hereof as Exhibit `B ". The Notice advised the Licensee that the Eagan City Council will consider the revocation or additional suspension of its off -sale liquor license at its October 19, 2010 City Council meeting. 16. The Licensee's representative, Jess Brar, did / did not appear at the public hearing on October 19, 2010. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota that it hereby declares that the Licensee, BRAR Enterprises, Inc. d/b /a Blackhawk Liquor and Wine, did commit four violations of the alcohol regulations as set forth in Minn. Stat. §340A and Eagan City Code, Chapter 5 within a 36 -month period. BE IT FURTHER RESOLVED, that the off -sale liquor license issued to BRAR Enterprises, Inc. d/b /a Blackhawk Liquor and Wine with a licensed premises located at 4130 Blackhawk Road, Eagan, Minnesota 55122, shall be, and hereby is, SUSPENDED FOR DAYS (NOT TO EXCEED 30 DAYS), EFFECTIVE OCTOBER 19, 2010 AT 11:59 p.m. BE IT FURTHER RESOLVED, that the suspension of the off -sale liquor license for BRAR Enterprises, Inc. d/b /a Blackhawk Liquor and Wine is effective immediately. BE IT FURTHER RESOLVED, that no person shall sell, barter, keep for sale or otherwise dispose of liquor as part of any commercial transaction on the premises located at 4130 Blackhawk Road, Eagan, Minnesota 55122 effective immediately. BE IT FURTHER RESOLVED, that City staff is authorized to take any action, including legal action or suit, to enforce the terms of this Findings of Fact and Resolution. ADOPTED this 19th day of October, 2010. Mike Maguire, Mayor ATTEST: Mira Pepper, Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the Deputy City Clerk. NOTICE OF ALCOHOL SALES VIOLATION City of Eagan DATE: 9/14/10 Case #: N/A TO: LICENSEE: Brar Enterprises, Inc. Address: 4130 Blackhawk Road, Eagan, MN 55122 LICENSED PREMISES: Blackhawk Liquor & wine, same address as above MA Alcohol Sales Violation: 4* Date of Violation: 7/27/10 Date of Prior Alcohol Sales Violations (include Case #): 3/15/08 - 08 -1519 7/17/08 - 08 -4331 9/1/09 - N/A 7/27/10 - N/A EXHIBIT A YOU ARE HEREBY NOTIFIED as the Licensee of the above- referenced Licensed Premises that a violation of the alcohol regulations as set forth in Minnesota Statutes, Section 340A.101., et. seq. and Eagan City Code, Sections 5.01 -5.99 has occurred at the above- referenced Licensed Premises, as follows: (date and description of alcohol sales violation) The fourth violation in a 36 -month period occurred on 7/27/10 - Purchase of liquor at retail for the purpose of resale. THEREFORE, YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statutes, Section 340A.415, and Eagan City Code, Section 5.02, the City of Eagan imposes the following civil penalty upon you: ❑ 1. A civil penalty of $500.00 ❑ 2. A civil penalty of $1,000.00, because the above - referenced violation is the second violation within 24 months of a previous violation. ❑ 3. A civil penalty of $1,500.00 and a seven (7) day suspension effective: (i) ten (10) business days after the issuance of this Notice (_,; or (ii) upon completion of a hearing, if requested as set forth- below, if a violation has been found to occur because the above - referenced violation is the third violation within 24 months of the first violation. ® 4. A civil penalty of $1,000 and a thirty (30) day suspension effective: (i) ten (10) business days after the issuance of this Notice (9/30/10 beginning at 12:01 am. and ending on 10/29/10 at midnight); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above- referenced violation is the fourth violation within 36 months of the first violation. YOU ARE HEREBY FURTHER NOTIFIED that pursuant to Minn. Stat. §340A.415, and Eagan City Code, Section 5.02, you have a right to a hearing to appeal this Notice and the imposition of the civil penalties. Should you desire to have a hearing, you are required to request a hearing by serving the attached Request for Hearing upon the City Clerk within ten (10) business days of the date of this Notice. Upon receipt of your Request for Hearing, a hearing will be set before the City's bearing officer, no more than fourteen (14) days from the date of the City's receipt of your Request for Hearing. If the hearing officer determines that a violation has occurred upon the conclusion of the hearing, or if you do not timely request a hearing, you are required to immediately comply with the provisions herein. If you have any questions concerning this matter, please contact: Maria)?etersen, ,gity Clerk/Admin. Svcs. Coord. at (651 67) 5 -5034 /U Date �1 � L;: City of Evan EXHIBIT B Mike Maguire October 12, 2010 Mayor Paul Bakken Mr. Jess Brar Cyndee Fields BRAR Enterprises, Inc. NOTICE OF HEARING BEFORE CITY COUNCIL: Gary Hansen d.b.a. Blackhawk Liquor & Wine CONSIDERATION OF LICENSE REVOCATION OR Meg Tilley 4130 Black-hawk Road ADDITIONAL SUSPENSION RELATED TO Eagan, MN 55122 ALCOHOL SALES VIOLATIONS Council Members Dear Mr. Brar. Thomas Hedges City Administrator The City of Eagan sent you a notice, dated September 14, 2010, informing you that in accordance with Chapter 5 of the City Code and as a result of a fourth alcohol sales violation in a 36 -month period, your off -sale liquor license would be suspended beginning September 30, 2010 for a 30- day period ending on October 29, 2010. Additionally, a $1,000 civil penalty was imposed. The deadline for you to request a hearing to appeal the imposition of the civil penalty and license suspension was September 28, 2010. A request for hearing was not filed. Municipal Center Pursuant to Eagan City Code, Section 5.02, Subd. 4 (G) any licensee found to have a fourth or more violation within a 36 -month period shall appear before the City Council for consideration of 3830 Pilot Knob Road revocation or additional days of suspension of the licensee's license; the City Clerk shall set the Eagan, MN 55122 -1810 date and time of the Council's hearing for any regular Council meeting. 651.675.5000 phone 651.675.5012 fax The purpose of this letter is to inform you that on Tuesday, October 19, 2010, at 6:30 p.m., or 651.454.8535 TDD as soon thereafter as Council business permits, at the Eagan City Hall, 3830 Pilot Knob Road, Eagan Minnesota, the Eagan City Council will hold a hearing to consider the revocation or additional suspension of the off -sale liquor license held by BRAR Enterprises, !au., d.b.a. Blackhawk Liquor & Wine. Maintenance Facility 3501 Coachman Point Be advised that this meeting is your opportunity to be heard and to present any evidence or Eagan, MN 55122 testimony you may have for the City Council to consider before it makes its decision. Please 651.675.5300 phone bring with you any evidence or witnesses you wish to present on your behalf. If you have any questions, please contact me at (651) 675 -5034. 651.675.5360 fax 651 - .454.8535 TDD Sincerely, , www.cityoteagan.com Maria Petersen City Clerk/Administrative Services Coordinator cc: Tom Hedges, City Administrator Gene VanOverbeke, Director of Administrative Services The Lone Oak Tree The symbol of strength and growth in our community. /„ % EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 19, 2010, at 6:30 p.m. The following members were present: Maguire, Bakken, Hansen, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: FINDINGS OF FACT AND RESOLUTION FOR REVOCATION OF OFF -SALE LIQUOR LICENSE FOR BRAR ENTERPRISES, INC. DB /A BLACKHAWK LIQUOR AND WINE A hearing was held before for Eagan City Council for consideration of revocation or additional suspension of the off -sale liquor license held by BRAR Enterprises, Inc. as result of its fourth or more alcohol sales violation within 36 months. Based upon the information produced at the hearing and all records, files and documents presented to Council in this matter, the City Council of the City of Eagan makes the following: FINDINGS OF FACT 1. The City Council of the City of Eagan granted an off -sale liquor license to BRAR Enterprises, Inc., doing business as Blackhawk Liquor and Wine ( "Licensee "), located at 4130 Blackhawk Road, Eagan, Minnesota 55122. 2. On or about August 26, 2010, the Minnesota Department of Public Safety — Alcohol and Gambling Enforcement Division notified the City of its agency action against the Licensee for unlawfully obtaining alcohol from another retailer for the purpose of resale. 3. Under Minnesota state liquor regulations, Minn. Stat. Chapter 340A, licensed liquor retailers may purchase their stock of alcoholic beverages only from duly licensed Minnesota manufacturers, brewers, and wholesale distributors. While licensed liquor retailer is on the Minnesota Department of Revenue Liquor Posting tax delinquent list, no alcoholic beverages may be delivered to the retail establishment until the tax delinquency has been satisfied. On July 27, 2010, the Licensee was on the Minnesota Department of Revenue Liquor Posting tax delinquent list when an agent of the Alcohol and Gambling Enforcement Division inspected the Licensee's premises and observed alcohol from another retailer displayed for the purposes of resale. 4 4. The Minnesota Department of Public Safety - Alcohol and Gambling Enforcement Division imposed a civil penalty against the Licensee in the amount of $1,000.00 pursuant to Minn. Stat. § 340A.415. 5. The July 27, 2010 violation constitutes the Licensee's fourth (4th) alcohol sales violation within a 36 -month period. The violation constitutes the Licensee's fifth (5th) alcohol sales violation within a 37 -month period: July 18, 2007 — Obtained alcohol from another retailer for purposes of resale. 6. The Licensee's three previous alcohol sales violations within the 36 -month period occurred as follows: March 15, 2008 – Sale of alcohol to a minor; July 17, 2008 – Sale of alcohol to a minor and September 1, 2009 - Obtained alcohol from another retailer for the purpose of resale. The City sent Notices of Alcohol Sales Violation to the Licensee for each of the three previous violations. Licensee did not appeal any of the violation Notices and paid all civil penalties and complied with imposed suspensions. 7. Upon the Licensee's fourth violation on July 27, 2010, the City sent a Notice of Alcohol Sales Violation to the Licensee, dated September 14, 2010. 8. Pursuant to Eagan City Code, Section 5.02, the Notice of Alcohol Sales Violation notified the Licensee that the City of Eagan imposed a civil penalty of $1,000.00 and 30 -day suspension, effective September 30, 2010 at 12:01 a.m. and ending on October 29, 2010 atl l:59 p.m. 9. Pursuant to Eagan City Code, Section 5.02, the Licensee was further advised of its right to a hearing to appeal the Notice and imposition of the civil penalties. The Licensee did not request a hearing to appeal the September 14, 2010 Notice of Alcohol Sales Violation. 10. A copy of the Notice of Alcohol Sales Violation, dated September 14, 2010, is attached hereto and incorporated as a part hereof as Exhibit "A ". 11. The Licensee's civil penalty of $1,000.00 was required to be paid on or before October 14, 2010. The Licensee has not paid the $1,000.00 civil penalty. 12. Pursuant to Eagan City Code, Section 5.02, a civil penalty of $2,000.00 and 30 -day suspension of the license shall be imposed upon a licensee upon the fourth or more violation within a 36 -month period and the civil penalty shall be paid within 30 days of the date of Notice from the City. 13. Because the State of Minnesota has imposed a $1,000.00 civil penalty upon the Licensee for the violation, the City's civil penalty is limited to the sum of $1,000.00 and no additional monetary penalty may be imposed upon the Licensee. 14. Eagan City Code, Section 5.02, further provides that any licensee found to have a fourth or more violation within a 36 -month period shall appear before the Council for consideration of revocation or additional days of suspension of the licensee's license. The City Clerk set the time and date of the hearing before the Council as required by Section 5.02. z (0 15. On October 12, 2010, the City sent to the Licensee a Notice of Hearing Before City Council: Consideration of License Revocation or Additional Suspension Related to Alcohol Sales Violations. A copy of the Notice is attached hereto and made a part hereof as Exhibit "B ". The Notice advised the Licensee that the Eagan City Council will consider the revocation or additional suspension of its off -sale liquor license at its October 19, 2010 City Council meeting. 16. The Licensee's representative, Jess Brar, did / did not appear at the hearing on October 19, 2010. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota that it hereby declares that the Licensee, BRAR Enterprises, Inc. d/b /a Blackhawk Liquor and Wine, did commit four violations of the alcohol regulations as set forth in Minn. Stat. §340A and Eagan City Code, Chapter 5 within a 36 -month period. BE IT FURTHER RESOLVED, that the off -sale liquor license issued to BRAR Enterprises, Inc. d/b /a Blackhawk Liquor and Wine with a licensed premises located at 4130 Blackhawk Road, Eagan, Minnesota 55122, shall be, and hereby is, REVOKED. BE IT FURTHER RESOLVED, that the revocation of the off -sale liquor license for BRAR Enterprises, Inc. d/b /a Blackhawk Liquor and Wine is effective immediately. BE IT FURTHER RESOLVED, that no person shall sell, barter, keep for sale or otherwise dispose of liquor as part of any commercial transaction on the premises located at 4130 Blackhawk Road, Eagan, Minnesota 55122 effective immediately. BE IT FURTHER RESOLVED, that City staff is authorized to take any action, including legal action or suit, to enforce the terms of this Findings of Fact and Resolution. ADOPTED this 19th day of October, 2010. Mike Maguire, Mayor ATTEST: Mira Pepper, Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the Deputy City Clerk. 3 ro EXHIBIT A NOTICE OF ALCOHOL SALES VIOLATION City of Eagan DATE: 9/14/10 Case #: N/A TO: LICENSEE: Brar Enterprises, Inc. Address: 4130 Blackhawk Road, Eagan, MN 55122 LICENSED PREMISES: Blackhawk Liquor & Wine, same address as above RE: Alcohol Sales Violation: 4" Date of Violation: 7/27/10 Date of Prior Alcohol Sales Violations (include Case #): 3/15/08 - 08 -1519 7/17/08 - 08 -4331 9/1/09 - N/A 7/27/10 - N/A YOU ARE HEREBY NOTIFIED as the Licensee of the above- referenced Licensed Premises that a violation of the alcohol regulations as set forth in Minnesota Statutes, Section 340A.101., et. seq. and Eagan City Code, Sections 5.01 -5.99 has occurred at the above - referenced Licensed Premises, as follows: (date and description of alcohol sales violation) The fourth violation in a 36 -month period occurred on 7/27/10 - Purchase of liquor at retail for the purpose of resale. THEREFORE, YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statutes, Section 340A.415, and Eagan City Code, Section 5.02, the City of Eagan imposes the following civil penalty upon you: ❑ 1. A civil penalty of $500.00 ❑ 2. A civil penalty of $1,000.00, because the above - referenced violation is the second violation within 24 months of a previous violation. ❑ 3. A civil penalty of $1,500.00 and a seven (7) day suspension effective: (i) ten (10) business days after the issuance of this Notice (_ ; or (ii) upon completion of a hearing, if requested as set forth- below, if a violation has been found to occur because the above - referenced violation is the third violation within 24 months of the first violation. ® 4. A civil penalty of $1,000 and a thirty (30) day suspension effective: (i) ten (10) business days after the issuance of this Notice (9/30/10 beginning at 12:01 am. and ending on 10/29/10 at midnight); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the fourth violation within 36 months of the first violation. YOU ARE HEREBY FURTHER NOTIFIED that pursuant to Minn. Stat. §340A.415, and Eagan City Code, Section 5.02, you have a right to a hearing to appeal this Notice and the imposition of the civil penalties. Should you desire to have a hearing, you are required to request a hearing by serving the attached Request for Hearing upon the City Clerk within ten (10) business days of the date of this Notice. Upon receipt of your Request for Hearing, a hearing will be set before the City's hearing officer, no more than fourteen (14) days from the date of the City's receipt of your Request for Hearing. If the hearing officer determines that a violation has occurred upon the conclusion of the hearing, or if you do not timely request a hearing, you are required to immediately comply with the provisions herein. If you have any questions concerning this matter, please contact: Maria etersen, i Clerk/Admin. Svcs. Coord. at 651 675 -5034 -/t/ iv Date 7� EXHIBIT B 40� City of Ea�an Mike Maguire October 12, 2010 Mayor Paul Bakken Mr, Jess Brar Cyndee Fields BRAR Enterprises, Inc. NOTICE OF HEARING BEFORE CITY COUNCIL: Gary Hansen d.b.a. Blackhawk Liquor & Wine CONSIDERATION OF LICENSE REVOCATION OR Meg Tilley 4130 Blackhawk Road ADDITIONAL SUSPENSION RELATED TO Eagan, MN 55122 ALCOHOL SALES VIOLATIONS Council Members Dear Mr. Brar: Thomas Hedges City Administrator The City of Eagan sent you a notice, dated September 14, 2010, informing you that in accordance with Chapter 5 of the City Code and as a result of a fourth alcohol sales violation in a 3 6 -month period, your off-sale liquor license would be suspended beginning September 30, 2010 for a 30- day period ending on October 29, 2010. Additionally, a $1,000 civil penalty was imposed. The deadline for you to request a hearing to appeal the imposition of the civil penalty and license suspension was September 28, 2010. A request for hearing was not filed. Municipal Center Pursuant to Eagan City Code, Section 5.02, Subd. 4 (G) any licensee found to have a fourth or more violation within a 36 -month period shall appear before the City Council for consideration of 3830 Pilot Knob Road revocation or additional days of suspension of the licensee's license; the City Clerk shall set the Eagan, MN 5x122 -lato date and time of the Council's hearing for any regular Council meeting. 651.675.5000 phone 651.675.5012 fax The purpose of this letter is to inform you that on Tuesday, October 19, 2010, at 6:30 p.m., or 651.4543535 TDD as soon thereafter as Council business permits, at the Eagan City Hall, 3830 Pilot Knob Road, Eagan Minnesota, the Eagan City Council will hold a hearing to consider the revocation or additional suspension of the off -sale liquor license held by BRAR Enterprises, lac., d.b.a. Blackhawk Liquor & Wine. Maintenance Facility 3501 Coachman Point Be advised that this meeting is your opportunity to be heard and to present any evidence or Eagan, MN 55122 testimony you may have for the City Council to consider before it makes its decision. Please 651.675.5300 phone bring with you any evidence or witnesses you wish to present on your behalf. if you have any questions, please contact me at (651) 675 -5034. 651.675.5360 fax 651.454.8535 TDD Sincerely, . www.cityofeagan.com Maria Petersen City Clerk/Administrative Services Coordinator cc: Tom Hedges, City Administrator Gene VanOverbeke, Director of Administrative Services The Lone Oak Tree The symbol of strength and growth in our community. 6 `'` Alcohol and Gambling Enforcement ARMER1911 Program Bureau of Criminal Apprehension Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Traffic Safety State Fire Marshal and Pipeline Safety Alcohol and Gambling Enforcement 444 Cedar Street • Suite 222 • Saint Paul, Minnesota 55101 August 24, 2010 Phone: 651.201.7500 • Fax: 651.297.5259 • TTY: 651.282.6555 www.dps.state.mn.us ��O L` BRAR Enterprises Inc. Blackhawk Liquor & Wine 4130 Blackhawk Blackhawk Rd /Suite 100 Eagan MN 55122 NOTICE OF AGENCYACTION The Department of Public Safety, Alcohol and Gambling Enforcement has evidence that while on the Minnesota Department of Revenue Liquor Posting tax delinquent list you purchased liquor from another retailer for the purpose of resale, which is in violation of Minn. Stat. § 340A.415. This was noted by an agent of Alcohol and Gambling Enforcement Division when he visited your establishment on July 27, 2010. Under the provisions of Minnesota Rule 7515.0520 all retail dealers shall purchase their stock of alcoholic beverages only from duly licensed Minnesota manufacturers, brewers, and wholesale distributors. The Department of Public Safety, Alcohol and Gambling Enforcement is given the authority to take civil action in the form of a fine, license suspension or license revocation for any violation of Statute, Rule or Ordinance related to alcoholic beverages. Pursuant to this authority, you are hereby notified that this agency is imposing a civil fine in the amount of $1000.00, for violation of the law as provided for in Minn. Stat. § 340A.415. This fine is due 20 days from the date of this notice unless you contact us within this time period contestings matter. This is your third violation of sale for resale within a five year peri You are also advised that you have the right to a hearing before an administrative law judge. The request for such a hearing must be in writing and must be sent to the undersigned within twenty days of the date of this Notice. If you request a hearing, this agency will initiate a contested case proceeding pursuant to the provisions of the Minnesota Administrative Procedures Act. If you do not wish to contest this agency action, send a check payable to the Alcohol and Gambling Enforcement Director in the amount of $1000.00. If we have not received payment or a request for a hearing by September 13, 2010, additional and more serious agency action may be taken against your license for failure to comply with the directive of the Commissioner. (DE! fv`.e!' Jdhn Willems, Director Alcohol and Gambling Enforcement 73 Fni ini nPPOPTi inuTV PNAPi nVFR I. c ease e -QC- ,�k" "t✓ NOTICE OF ALCOHOL SALES VIOLATION City of Eagan DATE: 9/14/10 Case #: N/A TO: LICENSEE: Brar Enterprises, Inc. Address: 4130 Blackhawk Road, Eagan, MN 55122 LICENSED PREMISES: Blackhawk Liquor & Wine, same address as above RE: Alcohol Sales Violation: 0 Date of Violation: 7/27/10 Date of Prior Alcohol Sales Violations (include Case #): 3/15/08 - 08 -1519 7/17/08 - 08 -4331 9/1/09 - N/A 7/27/10 - N/A YOU ARE HEREBY NOTIFIED as the Licensee of the above - referenced Licensed Premises that a violation of the alcohol regulations as set forth in Minnesota Statutes, Section 340A.101., et. seq. and Eagan City Code, Sections 5.01 -5.99 has occurred at the above - referenced Licensed Premises, as follows: (date and description of alcohol sales violation) The fourth violation in a 36 -month period occurred on 7/27/10 - Purchase of liquor at retail for the purpose of resale. THEREFORE, YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statutes, Section 340A.415, and Eagan City Code, Section 5.02, the City of Eagan imposes the following civil penalty upon you: ❑ 1. A civil penalty of $500.00 ❑ 2. A civil penalty of $1,000.00, because the above - referenced violation is the second violation within 24 months of a previous violation. ❑ 3. A civil penalty of $1,500.00 and a seven (7) day suspension effective: (i) ten (10) business days after the issuance of this Notice ( ); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the third violation within 24 months of the first violation. ® 4. A civil penalty of $1,000 and a thirty (30) day suspension effective: (i) ten (10) business days after the issuance of this Notice (9/30/10 beginning at 12:01 a.m. and ending on 10/29/10 at midnight); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the fourth violation within 36 months of the first violation. YOU ARE HEREBY FURTHER NOTIFIED that pursuant to Minn. Stat. §340A.415, and Eagan City Code, Section 5.02, you have a right to a hearing to appeal this Notice and the imposition of the civil penalties. Should you desire to have a hearing, you are required to request a hearing by serving the attached Request for Hearing upon the City Clerk within ten (10) business days of the date of this Notice. Upon receipt of your Request for Hearing, a hearing will be set before the City's hearing officer, no more than fourteen (14) days from the date of the City's receipt of your Request for Hearing. If the hearing officer determines that a violation has occurred upon the conclusion of the hearing, or if you do not timely request a hearing, you are required to immediately comply with the provisions herein. If you have any questions concerning this matter, please contact: Maria)?etersen, fgity Clerk/Admin. Svcs. Coord. at (651) 675 -5034 Si 7y Date /U City of Ea�an Mike Maguire October 12, 2010 Mayor Paul Bakken Mr. Jess Brar Cyndee Fields BRAR Enterprises, Inc. NOTICE OF HEARING BEFORE CITY COUNCIL: Gary Hansen d.b.a. Blackhawk Liquor & Wine CONSIDERATION OF LICENSE REVOCATION OR Meg Tilley 4130 Blackhawk Road ADDITIONAL SUSPENSION RELATED TO Eagan, MN 55122 ALCOHOL SALES VIOLATIONS Council Members Dear Mr. Brar: Thomas Hedges City Administrator The City of Eagan sent you a notice, dated September 14, 2010, informing you that in accordance with Chapter 5 of the City Code and as a result of a fourth alcohol sales violation in a 36 -month period, your off -sale liquor license would be suspended beginning September 30, 2010 for a 30- day period ending on October 29, 2010. Additionally, a $1,000 civil penalty was imposed. The deadline for you to request a hearing to appeal the imposition of the civil penalty and license suspension was September 28, 2010. A request for hearing was not filed. Municipal Center Pursuant to Eagan City Code, Section 5.02, Subd. 4 (G) any licensee found to have a fourth or more violation within a 36 -month period shall appear before the City Council for consideration of 3830 Pilot Knob Road revocation or additional days of suspension of the licensee's license; the City Clerk shall set the Eagan, MN 55122-1810 date and time of the Council's hearing for any regular Council meeting. 651.675.5000 phone 651.675.5012 fax The purpose of this letter is to inform you that on Tuesday, October 19, 2010, at 6:30 p.m., or 651.454.8535 TDD as soon thereafter as Council business permits, at the Eagan City Hall, 3 83 0 Pilot Knob Road, Eagan Minnesota, the Eagan City Council will hold a hearing to consider the revocation or additional suspension of the off -sale liquor license held by BRAR Enterprises, lac., d.b.a. Blackhawk Liquor & Wine. Maintenance Facility 3501 Coachman Point Be advised that this meeting is your opportunity to be heard and to present any evidence or Eagan, MN 55122 testimony you may have for the City Council to consider before it makes its decision. Please 651.675.5300 phone bring with you any evidence or witnesses you wish to present on your behalf. If you have any questions, please contact me at (651) 675 -5034. 651.675.5360 fax 651 - .454.8535 TDD Sincerely, , www.cityoteagan.com Maria Petersen City Clerk/Administrative Services Coordinator cc: Tom Hedges, City Administrator Gene VanOverbeke, Director of Administrative Services The Lone Oak Tree The symbol of strength and growth in �^'� l s our community. NOTICE OF ALCOHOL SALES VIOLATION City of Eagan DATE: 3/18/08 Case #: 08 -1519 TO: LICENSEE: Brar Enterprises, Inc. Address: 4130 Blackhawk Road, Eagan, MN 55122 LICENSED PREMISES: Blackhawk Liquor &. Wine, same address as above RE: Alcohol Sales Violation: 2nd Date of Violation: 3/15/08 Date of Prior Alcohol Sales Violations (include Case #) 7/18/07 - no case number YOU ARE HEREBY NOTIFIED as the Licensee of the above - referenced Licensed Premises that a violation of the alcohol regulations as set forth in Minnesota Statutes, Section 340A.101., et seq. and Eagan City Code, Sections 5.01 -5.99 has occurred at the above - referenced Licensed Premises, as follows: (date and description of alcohol sales violation) The second violation in a 24 -month period occurred on 3/15/08 - sale of alcohol to a minor. THEREFORE, YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statutes, Section 340A.415, and Eagan City Code, Section 5.02, the City of Eagan imposes the following civil penalty upon you: ❑ 1. A civil penalty of $500.00 ® 2. A civil penalty of $1,000.00, because the above - referenced violation is the second violation within 24 months of a previous violation. ❑ 3. A civil penalty of $1,500.00 and a seven (7) day suspension effective: (i) ten (10) business days after the issuance of this Notice ( ; or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the third violation within 24 months of the first violation. ❑ 4. A civil penalty of $2,000 and a thirty (30) day suspension effective: (i) ten (10) business days after the issuance of this Notice (_ ; or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the fourth violation within 36 months of the first violation. YOU ARE HEREBY FURTHER NOTIFIED that pursuant to Minn. Stat. §340A.415, and Eagan City Code, Section 5.02, you have a right to a hearing to appeal this Notice and the imposition of the civil penalties. Should you desire to have a hearing, you are required to request a hearing by serving the attached Request for Hearing upon the City Clerk within ten (10) business days of the date of this Notice. Upon receipt of your Request for Hearing, a hearing will be set before the City's hearing officer, no more than fourteen (14) days from the date of the City's receipt of your Request for Hearing. If the hearing officer determines that a violation has occurred upon the conclusion of the hearing, or if you do not timely request a hearing, you are required to immediately comply with the provisions herein. If you have any questions concerning this matter, please contact: Maria Petersen, City Clerk/Admin. Svcs. Coord. at (651) 675 -5034 Signature ft-,t,� 3/t 81b 7�0 NOTICE OF ALCOHOL SALES VIOLATION City of Eagan DATE: 8/1/08 Case #: 094331 TO: LICENSEE: Brar Fzterprises, Inc. Address: 4130 Blacldbawk Road, Eagan, MN 55122 LICENSED PREMISES: B1ackhawk Liquor & Wme, same address as above M Alcohol Sales Violation: 3'd Date of Violation: 7/17/08 Date of Prior Alcohol Sales Violations (include Case #): 7/18/07 - no case number; 3/15/08 - 08-1519 YOU ARE HEREBY NOTIFIED as the Licensee of the above - referenced Licensed Premises that a violation of the alcohol regulations as set forth in Minnesota Statutes, Section 340A.101., et. seq. and Eagan City Code, Sections 5.01 -5.99 has occurred at the above - referenced Licensed Premises, as follows: (date and description of alcohol sales violation) The third violation in a 24 -month period occurred on 7/17/08 - sale of alcohol to a minor. THEREFORE, YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statutes, Section 340A.415, and Eagan City Code, Section 5.02, the City of Eagan imposes the following civil penalty upon you: ❑ 1. A civil penalty of $500.00 ❑ 2. A civil penalty of $1,000.00, because the above - referenced violation is the second violation within 24 months of a previous violation. ® 3. A civil penalty of $1,500.00 and a seven (7) day suspension effective: (i) ten (10) business days after the issuance of this Notice (8/15/08 beginning at 12:01 am. and ending on 8/21/08 at midnishtl; or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the third violation within 24 months of the first violation. ❑ 4. A civil penalty of $2,000 and a thirty (30) day suspension effective: (i) ten (10) business days after the issuance of this Notice (_ ; or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the fourth violation within 36 months of the first violation. YOU ARE HEREBY FURTHER NOTIFIED that pursuant to Minn. Stat. §340A -415, and Eagan City Code, Section 5.02, you have a right to a hearing to appeal this Notice and the imposition of the civil penalties. Should you desire to have a hearing, you are required to request a hearing by serving the attached Request for Hearing upon the City Clerk within ten (10) business days of the date of this Notice. Upon receipt of your Request for Hearing, a hearing will be set before the City's hearing officer, no more than fourteen (14) days from the date of the City's receipt of your Request for Hearing. If the hearing officer determines that a violation has occurred upon the conclusion of the hearing, or if you do not timely request a hearing, you are required to immediately comply with the provisions herein. If you have any questions concerning this matter, please contact: Maria. Petersen, City Clerk/Admin. Svcs. Coord. at (651) 675 -5034 E -77 NOTICE OF ALCOHOL SALES VIOLATION City of Eagan DATE: 10/5/09 Case #: N/A TO: LICENSEE: Brar Enterprises, Inc. Address: 4130 Blackhawk Road, Eagan, MN 55122 LICENSED PREMISES: Blackhawk Liquor & Wine, same address as above =RE: Alcohol Sales Violation: 0 Date of Violation: 9/1/09 Date of Prior Alcohol Sales Violations (include Case #f): 7/18/07 - no case number, 3/15/08 - 08 -1519 7/17/08 - 08 -4331 YOU ARE HEREBY NOTIFIED as the Licensee of the above - referenced Licensed Premises that a violation of the alcohol regulations as set forth in Minnesota Statutes, Section 340A.101., et. seq. and Eagan City Code, Sections 5.01 -5.99 has occurred at the above - referenced Licensed.Premises, as follows: (date and description of alcohol sales violation) The fourth violation in a 36 -month period occurred on 9/1/09 - Purchase of liquor at retail for the purpose of resale. THEREFORE, YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statutes, Section 340A.415, and Eagan City Code, Section 5.02, the City of Eagan imposes the following civil penalty upon you: ❑ 1. A civil penalty of $500.00 ❑ 2. A civil penalty of $1,000.00, because the above - referenced violation is the second violation within 24 months of a previous violation. ❑ 3. A civil penalty of $1,500.00 and a seven (7) day suspension effective: (i) ten (10) business days after the issuance of this Notice or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the third violation within 24 months of the first violation. ® 4. A civil penalty of $1,600 and a thirty (30) day suspension effective:. (i) ten (10) business days after the issuance of this Notice (10/19/09 beginning at 12:01 a.m. and ending on 11/17/09 at midnight); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above - referenced violation is the fourth violation within 36 months of the first violation. YOU ARE HEREBY FURTHER NOTIFIED that pursuant to Minn. Stat. §340A.415, and Eagan City Code, Section 5.02, you have a right to a hearing to appeal this Notice and the imposition of the civil penalties. Should you desire to have a hearing, you are required to request a hearing by serving the attached Request for Hearing upon the City Clerk within ten (10) business days of the date of this Notice. Upon receipt of your Request for Hearing, a hearing will be set before the City's hearing officer, no more than fourteen (14) days from the date of the City's receipt of your Request for Hearing. If the hearing officer determines that a violation has occurred upon the conclusion of the hearing, or if you do not timely request a hearing, you are required to immediately comply with the provisions herein. If you have any questions concerning this matter, please contact: Maria Petersen, City Clerk/Admin. Svcs. Coord. at (651) 675 -5034 Signature /v - S cfj _] FF Date City Council Minutes November 17, 2009 Page 2 J. It was recommended to approve a six month extension of time to record the final plat for Cedar Grove Park and Ride, consisting of 9 acres, located at 4035 Nicols Road. K. It was recommended to adopt a Negative Declaration on the need for a Carriage Hills Environmental 09 -31 Impact Statement (EIS) for the former golf course located at 3535 Wescott Woodlands. L. It was recommended to authorize the approval of a Letter of Intent with Harris Mechanical Services to begin Phase I — Feasibility Study and Engineering Design as part of the Department of Energy Geothermal Technologies Program: Ground Source Heat pumps Grant awarded to the Eagan Civic Arena and direct the Mayor to sign the appropriate documents. M. It was recommended to authorize staff to prepare and submit a grant application to the MN Department of Agriculture for a Forest Protection Reserve- Planning and Preparedness Grant and authorize the Director of Parks and Recreation to sign the application documents on behalf of the City. The grant monies are to be used to plan and implement a City program to manage and control the spread of Emerald Ash Bore. The deadline for application is November 20. N. It was recommended to receive the petition to vacate public drainage and utility easements within Northwood Business Park 3rd Addition and schedule a public hearing to be held on December 15, 2009. O. It was recommended to receive the petition to vacate public drainage and utility easements within Lots 11, 12, and 13, Block 3 Oaks of Bridgewater 2nd (3862, 3858, and 3854 Bridgewater Drive) and schedule a public hearing to be held on December 15, 2009. P. It was recommended to approve the final payment for Contract 09 -14 (Schwanz Lake — Rain Gardens Improvements) in the amount of $2,880.55 to Earth Wizards, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. It was recommended to approve an agreement with the Minnesota Department of Driver and Vehicle Services (DVS) to allow access to certain records and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve an amendment to the Development Agreement providing for the further extension of contract completion dates for Oak Hills Church 2nd Addition (City Project No. 06- N) to June 1, 2009. S. It was recommended to approve the transfer of a Massage Therapy Establishment License for Lisa Myers, The Bodywork Studio, from 3352 Sherman Court #103 to 1570 Century Point. PUBLIC HEARINGS CONSIDERATION OF ADDITIONAL SUSPENSION OF THE OFF -SALE LIQUOR LICENSE OR REVOKE THE OFF -SALE LIQUOR LICENSE FOR BRAR ENTERPRISES, INC. DBA BLACKHAWK LIQUOR AND WINE City Administrator Hedges introduced this item regarding consideration of imposing additional penalties on Blackhawk Liquor as a result of four alcohol sales violations within a 36 month period. He noted that the civil penalty has been paid and the 30 -day suspension of the liquor license ends tonight at midnight. The specific violations were described. Jess Brar, the licensee for Blackhawk Liquor, discussed the history of his business, which included the sale and repossession of the business, and a plan of action for the future of the business. Councilmembers held a discussion in regard to the specific violations. Councilmembers Tilley and Fields noted that due to the violations for the sale of alcohol to minors, they would be in favor of revocation of Mr. Brar's liquor license. Councilmembers Hansen, Bakken, and Mayor Maguire noted that while they agree with Councilmembers Fields and Tilley in regard to the severity of the violation to sell alcohol to a minor, they would be in favor of giving Mr. Brar the chance to put his plan of action in to effect with the stipulation that another violation would result in the revocation of his license. 0 City Council Minutes November 17, 2009 Page 3 Mayor Maguire moved, Councilmember Bakken seconded a motion to impose no additional penalties upon the licensee of Blackhawk Liquor. Aye: 3 Nay: 2 Tilley and Fields opposed. PROJECT 964, YANKEE DOODLE ROAD / YANKEE DRIVE STREET OVERLAY IMPROVEMETNS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 964, Yankee Doodle Road / Yankee Drive street improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 964 (Yankee Doodle Road / Yankee Drive — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 981, RAHNCLIFF ROAD / CLIFF LAKE ROAD / RAHN ROAD STREET OVERLAY / LANDSCAPE MEDIAN IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 981, Rahncliff Road / Cliff Lake Road / Rahn Road street overlay, landscape median improvements. Public Works Director Colbert gave a staff report. He discussed the gross area method for spreading assessment for street and landscape median improvements and noted that the property owner at 1965 Cliff Lake Road is objecting to that method. He further noted that the gross area method was also recently applied for similar projects — Project 972 and Project 978. He stated that upon subsequent research and investigation by staff, it was determined that the Special Assessment Policy does provide credit for dedicated ponding easements when calculating and allocating special assessments on an area basis. Mr. Colbert recommended that new Supplemental Assessment hearings be considered for Projects 972 and 978 to allow the proportionate reallocation of the related assessments credits to the remaining parcels within each respective project and that a new Final Assessment Hearing be scheduled for a revised Final Assessment Roll for the commercial properties in Project 981. Mayor Maguire opened the public hearing. A representative of Cliff Lake Marketplace noted that their concerns had been addressed with staff's presentation comments. There being no further comment, Mayor Maguire turned discussion back to the Council. Councilmembers held a brief discussion. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 981 ( Rahncliff Road / Cliff Lake Road / Rahn Road — Street Improvements) fort he Residential and Public Facilities properties only, authorizing its certification to Daktoa County for collection and, direct the preparation of a revised Final Assessment Roll for Project 981 for the remaining commercial properties and schedule a new Final Assessment Hearing to be held on December 15, 2009. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Hansen seconded a motion to direct a Supplemental Assessment Hearing to be held on December 15, 2009 for Project 972 (Lone Oak / Waters Area) and Project 978 (Eagandale LeMay Lake). Aye: 5 Nay: 0 �1 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 19, 2010 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Resolution to Remove Four Parcels in Cedar Avenue Right of Way from Cedar Grove TIF District F. OTHER BUSINESS G. ADJOURN WN • Agenda Information Memo Eagan Economic Development Authority Meeting October 19, 2010 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUT S — The minutes of the August 2, 2010 EDA meeting are enclosed on pages MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 2, 2010 A meeting of the Eagan Economic Development Authority was held on Monday, August 2, 2010 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Hansen, Commissioner Tilley and Commissioner Fields. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Bauer. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the March 16, 2010 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT EXTENSION OF NICOLS RIDGE DEVELOPMENT AGREEMENT Community Development Director Hohenstein discussed an amendment to the TIF Development Agreement for Lennar in regard to the Nicols Ridge project. Commissioner Tilley moved, Commissioner Fields seconded a motion to approve an Amendment of the TIF Development Agreement to extend the term for application approval for Lennar regarding the revised Nicols Ridge project in the Cedar Grove Redevelopment District and authorize the EDA Officers to execute the agreement. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. !IY scm The meeting was recessed for a Closed Session, to be held after the regular City Council meeting, to discuss a Supreme Court decision regarding Cedar Grove. ADJOURNMENT Commissioner Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting at 9:15 p.m. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director Agenda Information Memo October 19, 2010, Eagan Economic Development Authority E. NEW BUSINESS 1. REMOVE RIGHT OF WAY PARCELS FROM CEDAR GROVE TIF DISTRICT (CEDAR GROVE PARK AND RIDE) — MVTA /:T�� [I]►� �1 �[KI�E.y 11711: 111 To approve a resolution to remove four TH 77 /Cedar Avenue Right of Way Parcels from Cedar Grove TIF District. FACTS: ➢ The Cedar Grove TIF District was approved on October 2, 2001 and certified by Dakota County on July 22, 2003. ➢ The City Council approved the Cedar Grove Park and Ride Final Plat on September 15, 2009. ➢ The properties within a plat must be fully within or outside of a TIF District Boundary. ➢ The pending Cedar Grove Park and Ride Plat include parcels that cross the TIF district boundary. In order to finalize the plat, it is appropriate to remove four parcels, within the right of way, from the TIF district. ➢ The requested removal of the right of way would allow for the Final Plat to be recorded. ATTACHMENTS (3): Area Map, pag6—?'e— EDA Resolution, pageg 7 City Council Resolution, pago--c9K �� MVTA Plat and TIF District Boundary/Parcels o 250 500 ''O Feet 8� N EAGAN ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA -**1 RIA11030011 RESOLUTION APPROVING THE ELIMINATION OF PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 1 WITHIN THE CEDAR GROVE REDEVELOPMENT AREA OF THE CITY OF EAGAN. WHEREAS, on October 2, 2001, the City of Eagan (the "City") created its Tax Increment Financing District No. 1 (the "TIF District ") within its Cedar Grove Redevelopment Area (the "Project ") by approval of a tax increment financing plan (the "TIF Plan) for the TIF District; and WHEREAS, the Eagan Economic Development Authority (the "EDA ") is the administrative authority for the TIF District; and WHEREAS, the following properties, by property identification numbers, were included in the TIF District: 100190002026 100190001226 100190002027 100190001027 WHEREAS, the EDA desires by this resolution to amend the TIF Plan to remove the above - described parcels from the TIF District, thereby reducing the size thereof, NOW THEREFORE, BE IT RESOLVED by the EDA that the TIF Plan for the TIF District is hereby amended to remove the described parcels and the Assistant City Administrator is authorized and directed to notify the County Auditor thereof pursuant to Minnesota Statutes, Section 469.175, Subdivision 4, clause (e). ADOPTED: October 19, 2010 President Executive Director (Seal) M CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE ELIMINATION OF PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 1 WITHIN THE CEDAR GROVE REDEVELOPMENT AREA OF THE CITY OF EAGAN. WHEREAS, on October 2, 2001, the City of Eagan (the "City ") created its Tax Increment Financing District No. 1 (the "TIF District ") within its Cedar Grove Redevelopment Area (the "Project ") by approval of a tax increment financing plan (the "TIF Plan) for the TIF District; and WHEREAS, the Eagan Economic Development Authority (the "EDA ") is the administrative authority for the TIF District and the EDA is acting on a resolution in this regard as well; and WHEREAS, the following properties, by property identification numbers, were included in the TIF District: 100190002026 100190001226 100190002027 100190001027 WHEREAS, the City Council desires by this resolution to amend the TIF Plan to remove the above - described parcels from the TIF District, thereby reducing the size thereof; NOW THEREFORE, BE IT RESOLVED by the Eagan City Council that the TIF Plan for the TIF District is hereby amended to remove the described parcels and the Assistant City Administrator is authorized and directed to notify the County Auditor thereof pursuant to Minnesota Statutes, Section 469.175, Subdivision 4, clause (e). ADOPTED: October 19, 2010 Mayor (Seal) City Clerk Agenda Information Memo Eagan Economic Development Authority Meeting October 19, 2010 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. •