10/19/2010 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 19, 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, October 19, 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 Michael Dougherty and
Administrative Secretary / Deputy Clerk Mira Broyles.
AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the October 5, 2010 regular City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Steffan Diaz and Brittney Freidlund as Building
Attendant I.
C. It was recommended to ratify check registers dated September 30, 2010 and October 7, 2010, as
presented.
D. It was recommended to approve the general insurance renewal for the period July 1, 2010 to July 1,
2011.
E. It was recommended to approve a Massage Therapy Establishment License for Laura Johannsen,
Changing Tides Massage, to be located at 3348 Sherman Court, Unit 103.
F. It was recommended to approve Tree Contractor Licenses for Donald Strom, Strom Tree Service;
and Peter Strand, Xtreme Tree Service.
G. It was recommended to approve change orders for the Fire Safety Center.
H. 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.
I. It was recommended to award contract for the fiber optic cable installation at the South Water
Treatment Plant to MP Nexlevel, LLC.
J. It was recommended to renew the Agreement for Contractual Snow and Ice Control services with
Gallagher’s Inc., for the 2010 – 2011 winter snow and ice season and authorize the Mayor and City
Clerk to execute all related documents.
K. It was recommended to receive the Final Assessment Roll for Project 1024 (Kennebec Drive – Street
Improvements) and schedule a public hearing to be held on November 16, 2010.
L. It was recommended to approve the final payment for Contract 10-15 (2010 Traffic Signal Painting) in
the amount of $12,030.00 to Aerial Painting, Inc., and accept the improvements for perpetual City
maintenance subject to warranty provisions.
City Council Minutes
October 5, 2010
Page 2
M. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive – Bridge
and Street Improvements) with the owner of Parcel No. 10-21850-010-01 and authorize the Mayor
and City Clerk to execute all related documents.
N. It was recommended to approve Change Order No. 1 to Contract 10-01 (Blackhawk Road and
Kennebec Drive – Street Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
O. It was recommended to approve the final payment for Contract 10-01 (Blackhawk Road and
Kennebec Drive – Street Improvements) in the amount of $147,716.28 to Bituminous Roadways, Inc.,
and accept the improvements for perpetual City maintenance subject to warranty provisions.
P. It was recommended to award Contract 10-19 (waters Area – Storm Sewer Improvements) to Minger
Construction, Inc., for the base bid in the amount of $19,000.00 and authorize the Mayor and City
Clerk to execute all related documents.
Q. It was recommended to award Contract 10-20 (Pond Sediment Removal – Water Quality
Improvements) to Minger Construction, Inc., for the base bid in the amount of $41,940.00 and
authorize the Mayor and City Clerk to execute all related documents.
R. Item removed.
S. It was recommended to approve Dakota County’s draft 5-year Transportation Capital Improvement
Program for 2011-2015.
T. It was recommended to approve a Resolution accepting the dedication of Denmark Avenue street
and utility improvements from the Unite States Postal Service for perpetual City maintenance and
authorize the Mayor and City Clerk to execute all related documents.
U. It was recommended to approve an Easement Agreement for Project 905R (Lebanon Hills Regional
Park – Storm Sewer Improvements) on parcel 10-02600-010-54 and authorize the Mayor and City
Clerk to execute all related documents.
V. It was recommended to approve the transfer of the City’s Revolving Loan Fund Deposit from Twin
Cities Community Capital Fund to Minnesota Community Capital Fund.
W. It was recommended to approve the Subrecipient Agreement with the Dakota County CDA to
Continue Agency coordination of Community Development Block Grant Funding between July 2010
and June 2014.
X. It was recommended to direct initiation of consideration of rezoning of property at the intersection of
nd
Lexington Avenue and Wescott Road (lots 3-5, Block 2 of Westbury 2 Addition) from Pd to R-1.
Y. It was recommended to approve a 90-day extension to the recording of the Conditional Use Permit to
allow a kennel with an outdoor play area and Final Plat for Apollo Road Addition consisting of a single
lot on approximately 1.4 acres on property located at 951 Apollo Road in the NW ¼ of Section 11.
PUBLIC HEARINGS
There were no public hearings.
OLD BUSINESS
ORDINANCE AMENDMENT – CITY OF EAGAN
City Administrator Hedges introduced this item regarding an amendment to City Code Chapter 11,
Section 11.70 relative to the outdoor storage of vehicles in commercial and industrial districts.
Community Development Director Hohenstein gave a staff report.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an amendment to
City Code Chapter 11.70, relative to the outdoor storage of vehicles in commercial and industrial districts
and to direct the City Attorney to publish the amendment in the legal newspaper. Aye: 5 Nay:
City Council Minutes
October 5, 2010
Page 3
NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING
FIRE STATION TWO, (CITY OF EAGAN)
City Administrator Hedges introduced this item regarding a Comprehensive Land Use Guide Plan
Amendment to change the land use designation from QP, Quasi-Public to IND, Limited Industrial for 0.68
acres located at 2980 Lone Oak Circle. Community Development Director Hohenstein gave a staff
report.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit to the
Metropolitan Council a Comprehensive Lane Use Guide Plan Amendment to change the land use
designation from QP, Quasi-Public to IND, Limited Industrial for 0.68 acres located at 2980 Lone Oak
Circle. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to waive the adjacent
community 60-day review and comment period for the Comprehensive Plan Amendment to change the
land use designation from QP, Quasi-Public to IND, Limited Industrial for 0.68 acres located at 2980 Lone
Oak Circle. Aye: 5 Nay: 0
CONSIDERATION OF ADDITIONAL SUSPENSION / REVOCATION
BRAR ENTERPRISES, INC., D.B.A. BLACKHAWK LIQUOR & WINE OFF-SALE LIQUOR
LICENSE BASED UPON ITS FOURTH ALCOHOL SALES VIOLATION WITHIN 36 MONTHS
City Administrator Hedges discussed this item regarding consideration of additional suspension or
revocation of the Blackhawk Liquor & Wine off-sale liquor license based on four alcohol sales violations
within 36 months.
Discussion was held and it was the consensus of the Council that revocation of the off-sale liquor license
was warranted.
Councilmember Fields moved Councilmember Bakken seconded a motion to adopt Findings of Fact and
Resolution to revoke the Off-Sale Liquor license for Brar Enterprises, Inc., D/B/A Blackhawk Liquor and
Wine. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting recessed at 7:10 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular City Council meeting reconvened at 7:15 p.m.
ADMINISTRATIVE AGENDA
1. Final Assessment Roll for Project 1015 (Blackhawk Road – Street Improvements). Public
Works Director Colbert discussed Project 1015 which provided for the street improvements of
Blackhawk Road between Cliff Road and Highway 13 in west-central Eagan. He noted that the
project has been completed and all costs tabulated and the final assessment roll prepared.
City Council Minutes
October 5, 2010
Page 4
Councilmember Hansen moved, Councilmember Fields seconded a motion to receive the Final
Assessment Roll for Project 1015 (Blackhawk Road – Street Improvements) and schedule a public
hearing to be held on November 16, 2010. Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Council Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:20 p.m.
Aye: 5 Nay: 0
____________________
Date
__________________________________
Mike Maguire, Mayor
__________________________________
Maria Petersen, City Clerk