09/15/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
September 15, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Bill Coleman and LaDonna Boyd of Dakota
Future were present to discuss the Intelligent Community Initiative program. Council and staff were invited
to attend a project launch celebration on October 9.
A regular meeting of the Eagan City Council was held on Tuesday, September 15, 2009 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken 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, City
Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted there would be an addition to the Consent Agenda.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as
amended. Aye: 4 Nay: 0
RECOGNITIONS
The participants of the Emergency Management Training Institute were recognized. Police Chief
McDonald provided an overview of the training.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as amended. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the September 1, 2009 regular City Council meeting
as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Lindsay Grange and Luke Nelson as Police
Officers.
C. It was recommended to ratify check registers dated August 27, 2009 and September 3, 2009 as
presented.
D. It was recommended to approve a Joint Powers Agreement with the State of Minnesota, acting
through the Minnesota Bureau of Criminal Apprehension (BCA), to join a multiagency task force
combating internet crimes where children are victims.
E. It was recommended to accept a $600.00 grant from the Target Corporation.
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F. It was recommended to approve a resolution accepting a $3,092 donation from Gopher Resources for
the purchase of rescue equipment for the Fire Department.
G. It was recommended to approve a Preliminary Subdivision (Cedar Grove Park and Ride) to create a 9
acre lot located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-way, subject to the
conditions listed in the APC minutes; and to approve a Final Subdivision (Cedar Grove Park and
Ride) to create a 9 acre lot located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-
way.
H. It was recommended to approve a Final Subdivision (Norton Heights) of 1.4 acres to create two single
family lots for property located at 1505 Lone Oak Road.
I. It was recommended to approve a Final Subdivision (Rustin Norvin Oaks) of .87 acres to create two
single family lots for property located at 4870 Rusten Road.
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September 15, 2009
Page 2
J. It was recommended to receive the Final Assessment Roll for Project 972 (Lone Oak / Waters Area –
Street Improvements) and schedule a public hearing to be held on October 20, 2009.
K. It was recommended to receive the Final Assessment Roll for Project 976 (Avalon / Burnside
Avenues – Street Improvements) and schedule a public hearing to be held on October 20, 2009.
L. It was recommended to receive the Final Assessment Roll for Project 977 (Robin Lane – Street
Improvements) and schedule a public hearing to be held on October 20, 2009.
M. It was recommended to receive the Final Assessment Roll for Project 978 (Eagandale / LeMay Lake
– Street Improvements) and schedule a public hearing to be held on October 20, 2009.
N. It was recommended to receive the Final Assessment Roll for Project 979 (LeMay Lake / Lunka –
Street Improvements) and schedule a public hearing to be held on October 20, 2009.
O. Receive the Final Assessment Roll for Project 1001 (Opperman Drive – Street Improvements) and
schedule a public hearing to be held on October 20, 2009.
P. It was recommended to approve a 120-day extension of time to record the final plat for Valley View
Plateau Plat 3, located at 1469 and 1467 Highview Avenue.
Q. Item Removed.
R. It was recommended to approve the 2010 Parks and Recreation Department CIP.
S. It was recommended to approve a contract for architectural and civil engineering services with JAL
Architects LTD for services related to the design and construction of a service building in Central park
and authorize the Director of Parks and Recreation to sign the appropriate documents.
T. It was recommended to accept and authorize the recommendations of the Public Works Committee
from the September 8 Committee meeting.
U. It was recommended to award Contract 09-06B (Wandering Walk Park – Wetland Bank Planting) to
Applied Ecological Services, Inc., for the base bid amount of $19,714.86 and authorize the Mayor and
City Clerk to execute all related documents.
V. It was recommended to schedule a hearing for October 6, 2009 to consider the revocation of an off-
sale liquor license for MT Liquory of Eagan LLC, dba MT Liquory, located at 1629 Lena Court #105.
PUBLIC HEARINGS
LOTS 20 & 21, BLOCK 1, CHATTERTON PONDS
TRAIL EASEMENT VACATION
City Administrator Hedges introduced this item regarding the vacation of public trail easements on Lots 20
and 21, Block 1 Chatterton Ponds. Public Works Director Colbert gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and
approve the vacation of public trail easements on Lots 20 and 21, Block 1 Chatterton Ponds and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
OLD BUSINESS
There were no Old Business items.
NEW BUSINESS
CERTIFICATION OF PRELIMINARY 2010 BUDGET AND PROPERTY TAX LEVY
City Administrator Hedges discussed the preliminary 2010 General Fund budget and tax levy. He noted
that the next regularly scheduled meeting at which the levy and budget will be discussed is the City
Council meeting of Tuesday, December 1 at 6:30 p.m. in the Council Chambers. The meeting at which
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September 15, 2009
Page 3
the final levy and budget will be determined is the City Council meeting of Tuesday, December 15 at 6:30
p.m. The public will be allowed to speak at these meetings.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the preliminary
payable 2010 property tax levy as follows: Aye: 5 Nay: 0
General Revenue Levy $ 26,266,882
Community Center bonds debt service 1,198,103
Cedarvale Special Services District 3,000
Total Levy $27,467,985
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary 2010
General Fund expenditure budget, including contingency, of 27,677,400. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Bakken seconded a motion to set the date for the public
hearing for the 2010 levy and budget as December 1 and the date for the final adoption of the 2010 levy
and budget as December 15, 2009. Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION (EAGAN FIRE STATION NO. 2 PLAT 1)
CITY OF EAGAN
City Administrator Hedges introduced this item regarding a Preliminary Subdivision to separate
approximately six acres from a 75-acre parcel to create a four-acre parcel and associated right-of-way
dedication for property at the southwest corner of Yankee Doodle Road and Wescott Woodlands. City
Planner Ridley gave a staff report.
Mel Wong, 942 Wild Rose Court asked about the distribution of housing units.
Claus Newman, 3450 Wescott Woodlands stated that he is in favor of the Fire Station but was concerned
about the extension of Wescott Woodlands to Wescott Hills Drive.
Staff addressed the questions of the residents.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision to separate approximately six acres from a 75-acre parcel to create a four-acre parcel and
associated right-of-way dedication for property located at the southwest corner of Yankee Doodle Road
and Wescott Woodlands, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standard conditions of play approval as adopted by
Council on February 2, 1993: A1, B1, B3, C1, C3, G1, H1, and I1.
2. The property shall be platted.
3. Pedestrian access shall be provided to the existing trail system along Yankee Doodle Road.
4. The Preliminary Planned Development shall be amended prior to development of Lot 1.
5. Prior to development of the lot, the EAW shall be completed and the negative declaration made
by the City Council on the need for an EIS shall have been made.
SOUTHEAST EAGAN REDEVELOPMENT DISTRICT
RESOLUTION TO DISCONTINUE TIF DISTRICT
City Administrator Hedges provided background information regarding the Southeast Eagan
Redevelopment District. Community Development Director Hohenstein reconsideration of discontinuing
the Southeast Eagan Redevelopment District. Community Development Director Hohenstein requested
that this item be continued until October 6, 2009 to allow completion of the recording process by the
developer at Dakota County.
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September 15, 2009
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Councilmember Bakken moved, Councilmember Fields seconded a motion to continue consideration of a
resolution for the discontinuation of the Southeast Eagan TIF District until October 6, 2009.
Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
There were no items requiring action.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:30
p.m.
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Date Administrative Secretary / Deputy Clerk