06/15/2010 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 15, 2010
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, June 15, 2010 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and
Hansen. 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 Mike Dougherty and
Administrative Secretary / Deputy Clerk Mira Broyles.
AGENDA
City Administrator Hedges noted that two items would be added under recognitions and presentations.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
A moment of silence was observed for Virginia Knight, former employee of the City who recently passed
away.
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Scott Swenson gave an update on the 150 Anniversary Food Drive.
CONSENT AGENDA
City Administrator Hedges noted that item x would be added under the Consent Agenda.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the June 1, 2010 regular City Council meeting and
the May 11, 2010 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Seasonal Employees in the Parks and Recreation
Department as follows: Cascade Bay; Benjamin Bercher, Shelby Favorito, Stefan Decker, Hailey
Johnson, Drew Ronchak, Evan Gittus; Forestry: Abby Guetzlaff, Jennifer Piskor Parks: Joseph
Carchedi, Matt Carchedi, Ryan Wall; Parks and Recreation: Sarah Larsen Utilities: Ryan
Mehlberg, Dwayne Holtz, Patrick Smith.
2. It was recommended to accept the resignation of Superintendent of Streets and Equipment Tom
Struve.
C. It was recommended to ratify check registers dated May 27, 2010 and June 3, 2010 as presented.
D. It was recommended to award five additional new contracts for the Construction of the Fire Safety
Center.
E. It was recommended to approve a Shows License and waive fees, for the Old West Society of
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Minnesota’s appearance in the July 4 Funfest Parade and for onsite camping/ performances at
Eagan Central Park.
F. It was recommended to authorize staff to enter into a contract for merchant services consulting with
Better Business Solutions.
City Council Minutes
June 15, 2010
Page 2
G. It was recommended to approve the list of staff members to serve as election judges on the absentee
ballot board for the August 10, 2010 Primary Election.
H. It was recommended to approve the off-sale liquor license for AlphaJKFoggEnterprises, Inc., dba
Black Diamond Wine & Spirits located at 525 Diffley Road #2050.
I. It was recommended to approve the off-sale 3.2 percent malt liquor (beer) license for G & M
Petroleum, Inc. dba Sinclair Dino Mart.
J. It was recommended to approve a Tobacco License for G & M Petroleum, Inc., dba Sinclair Dino Mart
located at 1815 Diffley Road.
K. It was recommended to approve a Joint Powers Agreement with Dakota County for pavement striping
of City streets and authorize the Mayor and City Clerk to execute all related documents.
L. It was recommended to receive the bids for Contract 10-01 (Blackhawk Road & Kenebec Drive –
Street Improvements) and award the contract to Bituminous Roadways in the base bid amount of
$1,407,702.00 with no alternates and authorize the Mayor and City Clerk to execute all related
documents.
M. It was recommended to authorize a variance to the Construction Activity Noise Regulations to allow
construction activity 24 hours a day, 7 days a week, for McNamara Contracting, Inc. in completion of
County Project 32-69 (cliff Road – Overlay) for the following schedule: July 6 through July 21
(continuous).
N. It was recommended to approve the final payment Contract 09-07 (Phase II, Storm Water
Management Plan – Storm Sewer Improvements) in the amount of $10,110.18 to Quiring Excavating,
LLC, and accept the improvements for perpetual City maintenance subject to warranty provisions.
O. It was recommended 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.
P. It was recommended to approve a Public Message Agreement with Clear Channel Communications
for the billboard located south of I-494 west of Pilot Knob Road.
Q. It was recommended to approve a 120-day extension of time to record the final subdivision for The
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Oaks of Bridgewater 3 Addition, located at 3862 Bridgewater Drive.
R. It was recommended to approve Change Order #1 in the amount of $4,620 to install a fence on the
outside of the Civic Arena to secure the outdoor chiller and provide access to the equipment by
Dakota Electric.
S. It was recommended to award the bid for a replacement electric ice resurfacer for the Eagan Civic
Arena to Frank J. Zamboni & Co. Inc. in the amount of $93,312.53.
T. It was recommended to accept a $200.00 donation from the Rotary Club of Eagan and approve a
corresponding adjustment to the Police Department budget.
U. It was recommended to accept the resignation of Guillermo Etienne from the Energy and
Environment Advisory Commission.
V. It was recommended to cancel the July 13, 2010 Special City Council meeting, and reschedule a
special City Council meeting on July 27, 2010.
W. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade – Street
Upgrade and Trail Improvements) with the owner of Parcel No. 10-33900-010-01 and authorize the
Mayor and City Clerk to execute all related documents.
X. It was recommended to approve 2010-2011 Massage Therapy Establishment license renewals.
2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT
City Administrator Hedges introduced this item regarding the 2009 Comprehensive Annual Financial
Report. Matt Mayer of Kern, DeWener, Viere, Ltd. made a presentation.
Mayor Maguire commended Administrative Services Director VanOverbeke, Chief Financial Officer
Pepper, and City Administrator Hedges for their work.
The City Council acknowledged receipt of the report. No formal action was taken.
City Council Minutes
June 15, 2010
Page 3
PUBLIC HEARINGS
EASEMENT VACATION (CARRIAGE HILLS), FINAL PLANNED DEVELOPMENT AND
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FINAL SUBDIVISION – (STONEHAVEN 1 ADDITION)
City Administrator Hedges introduced this item regarding the vacation of public drainage, utility and street
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easements, a Final Planned Development of Stonehaven 1 Addition, and a Final Subdivision for
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Stonehaven 1 Addition. Public Works Director Colbert gave a staff report regarding the easement
vacation. City Planner Ridley discussed the Final Planned Development and the Final Subdivision for
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Stonehaven 1 Addition.
Mayor Maguire opened the public hearing.
Tony Venge stated he supports the project.
There being no further public comment Mayor Maguire closed the public hearing and turned discussion to
the Council.
Council held a discussion relative to trail connections at Wescott Woodlands and the term of the trail
lease agreement.
Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and
approve the vacation of public drainage, utility and street easements as described within the former
Carriage Hills Golf Course property. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Planned
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Development (Stonehaven 1 Addition) for 39 single-family homes and one community lot.
Aye: 4 Nay: 1 Bakken opposed.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Subdivision
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(Stonehaven 1 Addition) for 39 single-family lots, 1 community lot and 9 outlots.
Aye: 4 Nay: 1 Bakken opposed.
Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize the Mayor and City
Clerk to execute all related documents. Aye: 5 Nay: 0
VARIANCE – 845 GOVERN CIRCLE (JON SPRINGER)
City Administrator Hedges introduced this item regarding a request for a Variance of approximately 3’ to
the required 30’ front yard setback for a covered front porch addition on property located at 845 Govern
Circle. City Planner Ridley gave a staff report.
The applicant stated they were available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and
turned discussion to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of
approximately 3’ to the required 30’ front yard setback for a covered front porch addition on property
located at 845 Govern Circle, legally described as Lot 14, Block 5, Gardenwood Ponds, subject to the
following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such
City Council Minutes
June 15, 2010
Page 4
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The front porch addition shall not exceed the size shown on the proposed Site Plan.
3. The addition shall comply with all other applicable Zoning Ordinance provisions.
4. A Building Permit must be obtained prior to construction.
LEGISLATIVE / INTERGOVERNMENTAL AFFARIS 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 Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:30
p.m. Aye: 5 Nay: 0
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk