10/05/2010 - City Council Regular
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
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Assistant to the City Administrator Miller discussed the Taste of Eagan event to be held on October 14 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.
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 Marv
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Warzecha, B & S Tree Service, 23241 225 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
City Council Minutes
October 5, 2010
Page 3
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PROJECT 1023, EAGAN ROYALE / SAFARI ESTATES / SAFARI 3 & 4 ADDITIONS
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
Public Works Director Colbert gave a staff report on Project 1023, Eagan Royale / Safari Estates / Safari
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3 and 4 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
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Assessment Roll for Project 1023 (Eagan Royale / Safari Estates / Safari 3 & 4 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
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PROJECT 1025, OAKCLIFF 1 – 4 ADDITIONS
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
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Public Works Director Colbert gave a staff report on Project 1025, Oak Cliff 1 through 4 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
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Assessment Roll for Project 1025 (Oak Cliff 1 – 4 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
City Council Minutes
October 5, 2010
Page 4
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PROJECT 1026, NORTHVIEW MEADOWS 2 ADDITION
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
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Public Works Director Colbert gave a staff report on Project 1026, Northview Meadows 2 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
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Assessment Roll for Project 1026 (Northview Meadows 2 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.
City Council Minutes
October 5, 2010
Page 5
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 / 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
City Council Minutes
October 5, 2010
Page 6
____________________
Date
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Mike Maguire, Mayor
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Maria Petersen, City Clerk