04/05/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 5, 2011
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, April 5, 2011 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Tilley and
Fields. Also present were City Administrator Tom Hedges, Community Development Director Jon
Hohenstein, Public Works Director Tom Colbert, Administrative Services Director Gene VanOverbeke,
City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira
Broyles.
AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions and presentations.
CONSENT AGENDA
Items F and T were pulled from the Consent Agenda for discussion and separate action.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the balance of
the Consent Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the March 15, 2011 regular City Council meeting
and the March 8, 2011 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Amy Grannes for the Clerical Technician III
position in Community Development.
2. It was recommended to approve the hiring of Seasonal Employees in Parks and
Recreation.
C. It was recommended to ratify the check registers dated March 11, 2011, March 17, 2011 and
March 25, 2011 as presented.
D. It was recommended to approve change orders for the Fire Safety Center.
E. It was recommended to award bid for construction of a replacement fire engine.
F. Pulled for separate action.
G. It was recommended to set the interest rate for special assessments levied in 2011 at 5.0 %.
H. It was recommended to approve a change in management on the on -sale 3.2 percent malt liquor
(beer) license for West End Hunting Club, dba West End Hunting Club located at 535 Gun Club
Road.
I. It was recommended to set a public hearing for May 3, 2011 to consider the final assessment of
the delinquent utility bills and certify them to Dakota County for collection with property taxes.
J. It was recommended to approve a Joint Powers Agreement with the Minnesota Bureau of
Criminal Apprehension.
K. It was recommended to approve a Tree Maintenance Contractor License for P & C Tree Service,
15811 Lincoln Street. NE, Ham Lake, MN
L. It was recommended to approve a Tree Maintenance Contractor License for About Tree Care,
4749 Narvik Drive, Eagan.
City Council Minutes
Apri15, 2011
Page 2
M. It was recommended to adopt a Resolution Approving a Premise Permit for the Eastview Hockey
Association to conduct lawful gambling at Time Out Restaurant, 2864 Highway 55.
N. It was recommended to adopt a Resolution approving an Exempt Permit for Pinewood Parent
Teacher Organization to conduct a raffle on May 13, 2011 at Pinewood Community School, 4300
Dodd Road.
O. It was recommended to approve a six -month extension of the Final Plat consisting of one parcel
upon approximately 6.7 acres located at 2101 Wuthering Heights Road, legally described as Part
of Government Lots 5, 6 and 7, and Outlot 1, Silver Bell Addition.
P. It was recommended to designate informational City - placed Eagan Funfest banners as
government signs.
Q. It was recommended to approve participation in the Twin Cities Regional Economic Development
Partnership and authorize a budget amendment for that purpose.
R. It was recommended to authorize preparation of preliminary plans for parking lot improvements at
3830 Sibley Memorial Highway in the Cedar Grove Redevelopment Area.
S. It was recommended to receive the bids for Contract 11 -02 (Citywide Street Improvements) and
award the contract to McNamara Contracting in the base bid amount of $1,831,922.86 and
authorize the Mayor and City Clerk to execute all related documents.
T. Item moved to New Business.
U. It was recommended to approve a Joint Powers Agreement with Dakota County for Digital
Elevation Data and authorize the Mayor and City Clerk to execute all related documents.
V. It was recommended to receive the Draft Feasibility Report for Project 1035, (Denmark Avenue
and Promenade Place — Traffic Signal and Street Improvements) and schedule a public hearing
to be held on May 3, 2011.
W. Item removed.
X. It was recommended to approve the temporary on -sale liquor license and waive the license fee
for the Trinity School at River Ridge for a Spring Benefit Dinner on May 13, 2011.
Y. It was recommended to set a public hearing for May 3, 2011 to consider the final assessment of
the delinquent weed cutting bills and certify them to Dakota County for collection with property
taxes.
Z. It was recommended to set a public hearing for May 3, 2011 to consider the final assessment of a
delinquent refuse removal bill and certify it to Dakota County for collection with property taxes.
AA. It was recommended to approve the off -sale liquor license for RCJC Enterprises, LLC, dba MGM
Wine & Spirits, located at 4182 Pilot Knob Road.
BB. It was recommended to approve the resolution authorizing the Chief of Police to approve
amendments to an existing Joint Powers Agreement.
CC. It was recommended to approve a Tobacco License for RCJC Enterprises, LLC, dba MGM Wine
& Spirits.
Item F. Approve the Yellow Ribbon Community Action Plan as prepared by the Eagan Yellow Ribbon
Team.
Mayor Maguire thanked the Yellow Ribbon Team for their efforts. Juli Johnson spoke on behalf
of the team regarding their Community Action Plan.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Yellow
Ribbon Community Action Plan as prepared by the Eagan Yellow Ribbon Team. Aye: 5 Nay: 0
Item T. Receive bids for Contract 09 -18 (Duckwood Drive Overpass — Bridge and Street Improvements)
and award the contract to Lunda Construction in the base bid amount of $4,526,172.03 and
authorize the Mayor and City Clerk to execute all related documents.
City Council Minutes
Apri15, 2011
Page 3
City Administrator Hedges introduced this item regarding the Duckwood Drive Overpass bridge
and street improvements. David Schroeder of Schroeder Construction addressed the Council
regarding the fact that his company had submitted a bid but was not selected. It was the
consensus of the Council to move discussion of this item to New Business.
Councilmember Bakken moved, Councilmember Fields seconded a motion to move Consent Item
T to New Business. Aye: 5 Nay: 0
There were no Public Hearings.
PUBLIC HEARINGS
OLD BUSINESS
ORDINANCE AMENDMENT — CITY OF EAGAN
City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code
Chapters 6, 7, 9 and 10 clarifying permit requirements and permissible activities for transient merchants.
City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance
Amendment to City Code Chapters 6, 7, 9 and 10 clarifying permit requirements and permissible activities
for transient merchants. Aye: 5 Nay: 0
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT, ON -SALE LIQUOR AND SUNDAY LICENSE
WILDCATS BAR AND GRILL
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow
on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee Doodle Road. City Planner Ridley
gave a staff report.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee
Doodle Road, legally described as Lot 1, Block 1, Bicentennial Addition, subject to the following
conditions: Aye:5 Nay:0
1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office
within 60 days of City Council approval.
2. On -sale liquor sales shall comply and be operated in accordance with all relevant state laws and
regulations.
3. Signage shall be subject to City Sign Code requirements.
Councilmember Tilley moved, Councilmember Cyndee seconded a motion to approve the On -Sale Liquor
and Sunday license for Wildcats Bar and Grill located at 1448 Yankee Doodle Road. Aye: 5 Nay: 0
DUCKWOOD DRIVE OVERPASS — BRIDGE AND STREET IMPROVEMENTS
City Council Minutes
Apri15, 2011
Page 4
City Administrator Hedges discussed receipt of the bids for Contract 09 -18, Duckwood Drive Overpass
(Bridge and Street Improvements). He noted that best value bidding has been in use in Eagan since
March 18, 2008. Assistant City Attorney Bauer summarized the best value bidding process and
methodology used for the project, noting all bidders were aware of the best value process being used.
Councilmembers discussed the bid process , rationale for use of the best value bidding. Public Works
Director Colbert summarized the difference between the lowest responsible bidder process versus the
best value solicitation of bids.
David Schroeder approached Council, noting Schroeder Construction submitted the lowest bid, but did
not realize the entire bidding process would need to be redone.
Councilmember Fields moved, Councilmember Hansen seconded a motion to receive bids for Contract
09 -18 ( Duckwood Drive Overpass — Bridge and Street Improvements) and award the contract to Lunda
Construction in the base bid amount of $4,526,172.03 and authorize the Mayor and City Clerk to execute
all related documents. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no legislative / intergovernmental affairs updates.
ADMINISTRATIVE AGENDA
Councilmember Bakken commented on some cities that are charging their residents for emergency
services and noted he would not support such practices in Eagan if such approach was ever proposed.
He stated he disagrees with the cities' who are implementing such a process. City Administrator Hedges
noted that no such proposal has been considered or proposed in Eagan.
City Administrator Hedges discussed a Project Consulting Agreement with Five 9s Digital LLC for a
collocation / data center feasibility plan.
Communications Director Garrison addressed the Council about the project. Councilmembers discussed
the timeline.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project Consulting
Agreement with Five 9s Digital, LLC for Colocation /Data Center Feasibility Plan. Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
City Council Minutes
Apri15, 2011
Page 5
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:16
p.m. Aye: 5 Nay: 0
Date
Mayor
Deputy Clerk