11/17/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 17, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Tilley, Bakken, Hansen and Fields. Iffat Amsal, 4736 White Oak Court, was
present to discuss an appeal to a staff decision to deny her request for a permit to construct three
columns in City right of way adjacent to her property. Councilmembers and staff explained the City’s
policy and practice in regard to structures being placed in the right of way.
A regular meeting of the Eagan City Council was held on Tuesday, November 17, 2009 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Hansen and
Fields. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works
Director Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty
and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted that a closed session would be held to discuss pending litigation.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
RECOGNITIONS
Mayor Maguire acknowledged City Administrator Hedges’ birthday.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the November 5, 2009 regular City Council meeting
and the October 13, 2009 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the PERA Related Repetitive Leave Policy and allow identified
employees to buy back their PERA benefits should they be approved to work a 36 hour week
verses a 40 hour week.
C. It was recommended to ratify check registers dated October 29, 2009 and November 5, 2009 as
presented.
D. It was recommended to accept a donation from Residential Mortgage Group for $200 for purchase of
rescue equipment, and approve a budget adjustment increasing revenues and expenditures in the
general fund by $200 for the donation and its related expenditure.
E. It was recommended to accept a donation from Betty Schofield or $400 for purchase of rescue
equipment, and to approve a budget adjustment increasing revenues and expenditures in the General
Fund by $400 for the donation and its related expenditure.
F. It was recommended to approve a change in management on the off-sale 3.2% malt liquor (beer
license for Rainbow Foods located at 1276 Town Centre Drive.
G. It was recommended to approve a change in management on the on-sale liquor license for the Green
Mill Restaurant located at 1940 Rahncliff Court.
H. It was recommended to approve the 2010 -2014 General Facilities Renewal and Replacement CIP
and 2010 Budget and to authorize the transfer of all assets in the City Property Special Assessment
Debt Service Fund to the General Facilities Renewal and Replacement Fund.
I. It was recommended to approve Part II (Vehicles and Equipment) of the 2010 – 2014 Capital
Improvement Program (CIP) and 2010 Budget.
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
rd
Northwood Business Park 3 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
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Lots 11, 12, and 13, Block 3 Oaks of Bridgewater 2 (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
nd
further extension of contract completion dates for Oak Hills Church 2 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.
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
City Council Minutes
November 17, 2009
Page 4
OLD BUSINESS
DELINQUENT UTILITY BILL CERTIFICATION – PID 10-627525-006-02 / ACCOUNT 0012020684
City Administrator Hedges introduced this item regarding the certification of a utility bill that was discussed
at the November 5 City Council meeting where staff was directed to meet with the various property
owners to attempt to facilitate a solution to the use of one City water meter for a number of businesses.
Administrative Services Director VanOverbeke discussed the meeting. It was noted that payment of the
utility bill has been made.
Discussed the penalties being imposed due to the delinquent utility bill.
Mayor Maguire moved, Councilmember Fields seconded a motion to waive the penalties for accounts
0012026084 and 0012026092. Aye: 5 Nay: 0
NEW BUSINESS
ORDINANCE AMENDMENT, CHAPTER 5 BEER, WINE AND LIQUOR LICENSING AND
REGULATION IN REGARD TO LIQUOR VIOLATIONS AND CIVIL PENALTIES
City Administrator Hedges discussed this item regarding an ordinance amendment relating to liquor
violations and civil penalties.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance
amendment to Chapter 5, specifically as it relates to liquor violations and civil penalties and direct the City
Attorney to publish the amendment in the legal newspaper. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges discussed a meeting held on November 12 with Senator Al Franken.
The regular City Council meeting was recessed at 8:45 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular City Council meeting was reconvened at 8:50 p.m.
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 Tilley seconded a motion to adjourn the meeting at 8:55
p.m. Aye: 5 Nay: 0
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk