03/15/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
March 15, 2011
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, March 15, 2011 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Tilley and
Fields. Also present were City Administrator Tom Hedges, Community Development Director John
Hohenstein, Public Works Director Tom Colbert, Administrative Services Director Gene VanOverbeke,
City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira
Broyles.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Mayor Maguire recognized Councilmember Charlie Chrighton of Burnsville who recently passed away.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the March 1, 2011 regular City Council meeting
as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Errin Bentz and Timothy Markee as Part Time
Managers on Duty at the Community Center.
C. It was recommended to ratify the check registers dated February 24, 2011 and March 3, 2011 as
presented.
D. It was recommended to approve a Tree Maintenance Contractor License for Bryan Gilles dba as
Arbor Doctor at 8200 Stanley Road #30, Bloomington, MN.
E. It was recommended to approve the new Lease Agreements between he City of Eagan and St.
Croix Harley Davidson for two 2011 Harley Davidson motorcycles.
F. It was recommended to approve 2010 General Fund budget adjustments related to the State
Emerald Ash Borer Grant, the Sesquicentennial Celebration, the Dakota County High
Performance Partnership (HiPP) participation fees; and the Opportunity City program.
G. It was recommended to receive the bids for Contract 11 -01 (Citywide Street Improvements) and
award the contract to McNamara Contracting in the base bid amount of $1,496,872.24 and
authorize the Mayor and City Clerk to execute all related documents.
H. It was recommended to award Contract 11 -07 (Schwanz Lake Rain Gardens) to Urban
Companies for the base bid in the amount of $29,544.00 and authorize the Mayor and City Clerk
to execute all related documents.
I. It was recommended to approve a Wetland Replacement Plan /Bank Credit Withdrawal for Project
1016 R (Ames Crossing Road — Street and Utility Improvements).
J. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive —
Bridge and Street Improvements) with the owner of Parcel No. 10- 77150 - 010 -01 and authorize
the Mayor and City Clerk to execute all related documents.
City Council Minutes
March 15, 2011
Page 2
K. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive —
Bridge and Street Improvements) with the owner of Parcel No. 10- 77030 - 010 -01 and authorize
the Mayor and City Clerk to execute all related documents.
L. It was recommended to approve a settlement agreement between the City and Qwest
Corporation calling for payment to the City in the amount of $8,840.25, and authorize the Mayor
and City Clerk to execute all related documents.
M. It was recommended to approve an Agreement with the Metropolitan Council for a Municipal
Publicly Owned Infrastructure Inflow and Infiltration Grant Program and authorize the Mayor and
City Clerk to execute all related documents.
N. It was recommended to approve a First Amendment to amended and restated Minnesota Valley
Transit Authority Joint Powers Agreement.
O. It was recommended to adopt the Opportunity City Summary Final Report and to direct staff to
work with the Advisory Planning Commission and Dakota County CDA to fine tune the areas of
interest selected by the City Council.
P. It was recommended to adopt a resolution to accept a cash donation of $4,000 from City and
County Credit Union for the 2011 entertainment series for the 2011 Market Fest events and
approve appropriate changes to the budget.
Q. It was recommended to adopt a resolution to accept a cash donation of $6,250 from Genisys
Credit Union to support several 2011 Parks and Recreation programs and events and approve
appropriate changes to the budget.
R. It was recommended to adopt a resolution to accept a cash contribution of $1,500 and in -kind
donations from Rasmussen College to support the 2011 Market Fest event and approve any
appropriate changes to the budget.
S. It was recommended to declare the auxiliary generator adjacent to the Municipal Center as
surplus property and have it disposed of appropriately.
T. It was recommended to approve a Tree Maintenance Contractor License for Northway Tree
Service, 26621 Woodcrest Circle, Elko, MN.
U. It was recommended to approve participation in the Twin Cities Regional Economic Development
Partnership and authorize the necessary changes to the 2011 budget.
V. It was recommended to accept the resignation of Steven Chavez from the Advisory Planning
Commission.
W. It was recommended to approve the temporary on -sale liquor license and waive the license fee
for the Eagan Foundation for a wine tasting event on April 12, 2011.
X. It was recommended to approve a Tree Maintenance Contractor License for Precision Landscape
and Tree, Inc., dba Precision Tree, 50 South Owasso Blvd. E., Little Canada.
Y. It was recommended to adopt a Resolution approving an Exempt Permit for Red Pine Parent
Teacher Organization to conduct a raffle on May 5, 2011 at Red Pine Elementary School, 530
Red Pine Lane.
PUBLIC HEARINGS
DRAINAGE AND UTILITY EASEMENT VACATION
LOT 10, BLOCK 1, THE WOODLANDS
City Administrator Hedges introduced this item regarding the vacation of a drainage and utility easement
on Lot 10, Block 1, The Woodlands. 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 Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and
approve the vacation of a public drainage and utility easement on Lot 10, Block 1, The Woodlands as
described and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
City Council Minutes
March 15, 2011
Page 3
AMENDMENT AND RESOLUTION TO EXTEND A MINNESOTA INVESTMENT
FUND GRANT AGREEMENT FOR BIOTHERA
City Administrator Hedges introduced this item regarding an amendment to a Minnesota Investment Fund
Grant Agreement for an expansion of Biothera at 3388 Mike Collins Drive. Community Development
Director Hohenstein gave a staff report.
Steve Karel, Chief Operating Officer for Biothera, discussed the company's planned expansion and hiring
of two additional qualifying employees.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve a Resolution amending a Minnesota Investment Fund Grant Agreement for an expansion of
Biothera at 3388 Mike Collins Drive. Aye: 5 Nay: 0
OLD BUSINESS
ORDINANCE AMENDMENT — CITY OF EAGAN
City Administrator Hedges introduced this item regarding an ordinance amendment pertaining to outdoor
storage of vehicles in commercial and industrial districts. 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 relative to the outdoor storage of vehicles in commercial and
industrial districts. Aye: 5 Nay: 0
NEW BUSINESS
There were no New Business items.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no legislative / intergovernmental affairs updates.
The regular City Council meeting was recessed at 6:50 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular City Council meeting was reconvened at 7:20 P.M.
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed the April City Council meeting schedule, suggesting changes due to
a conflict with an event being held by the Eagan Foundation and the observance of Passover and
Maundy Thursday.
City Council Minutes
March 15, 2011
Page 4
Councilmember Hansen moved, Councilmember Tilley seconded a motion to reschedule the April 12,
2011 Special City Council meeting to April 26, 2011 with April 25, 2011 tentatively scheduled if
necessary; and reschedule the April 21, 2011 Regular City Council meeting to Wednesday, April 20,
2011. Aye:5 Nay: 0
Public Works Director Colbert discussed an agreement with the Minnesota Department of Transportation
that identifies agency responsibilities for construction activities, bridge ownership and various
maintenance activities in regard to the Duckwood Drive Overpass bridge.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve Cooperative
Construction Agreement No. 97693 with the Minnesota Department of Transportation and authorize the
Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
Public Works Director Colbert discussed the need for load limits to be placed on Nicols Road due to its
construction on weaker subgrade soils.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 4 ton axle load
limit restriction for Nicols Road from Silver Bell Road to the Burnsville corporate limits to be effective
March 16 and authorize the appropriate postings and enforcement thereof. Aye: 5 Nay: 0
Community Development Director Hohenstein discussed the potential sale of Fire Station #2 property at
2980 Lone Oak Circle to a private party.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a purchase
agreement for the sale of City owned property at 2980 Lone Oak Circle to Randy and Sandy Quam under
the terms of the purchase agreement, which is part of an overall settlement agreement relative to the
EDA's acquisition of the Randy and Sandy Quam property at 3925 Cedarview Drive in the Cedar Grove
Redevelopment District and authorize the Mayor and City Clerk to execute the related documents. Aye: 5
Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at
7:30 p.m. Aye: 5 Nay: 0
Date
Mayor
Deputy Clerk