10/20/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 20, 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. Margo Danner and Colleen Eull,
representing the Lioness Club and Tom Mullon, representing the American Legion were present to
discuss a proposed veteran memorial. Council indicated they are supportive of the memorial and that
property would be provided once a preliminary design is presented and funding via a grant from the
legislature
Craig Navis, Greensboro Drive discussed Excel Energy’s plan to remove trees located in his yard. Staff
was directed to work with Mr. Navis in contacting Excel Energy.
A regular meeting of the Eagan City Council was held on Tuesday, October 20, 2009 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Fields and
Hansen. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works
Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira
Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
RECOGNITIONS
Police Officers Lindsay Granger and Luke Nelson were administered the Oath of Office by Deputy Clerk,
Mira Pepper.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the October 6, 2009 regular City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Kristen Leppones as a part-time ice skating
instructor.
2. It was recommended to approve the hiring of Porter King as a part time overnight custodian at the
Community Center.
C. It was recommended to ratify check registers dated October 1, 2009 and October 8, 2009 as
presented.
D. It was recommended to accept a $3,000 grant from the University of Minnesota School of Design
through the Designing for a Lifetime: Community Strategies Program.
E. It was recommended to accept a $100.00 donation from Residential Mortgage Group (RMG).
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F. It was recommended to approve a resolution declaring official reimbursement intent – Fire Safety
Center financing.
G. It was recommended to approve a resolution amending the terms of a revolving internal loan in
09-26
connection with TIF District No. 1 (Cedar Grove Redevelopment).
H. It was recommended to approve a change in management on the on-sale liquor license for Joe
Senser’s Sports Grill & Bar located at 3010 Eagandale Place.
City Council Minutes
October 20, 2009
Page 2
I. It was recommended to approve the final payment for Contract 09-10 (Rahncliffe / Cliff Lake Road /
Rahn Road / Yankee Doodle Road and Yankee Drive – Street Overlays) in the amount of $93,054.77
to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject
to warranty provisions.
J. It was recommended to receive the Final Assessment Roll for Project 964 (Yankee Doodle Road /
Yankee Drive – Street Improvements) and schedule a public hearing to be held on November 17,
2009.
K. It was recommended to receive the Final Assessment Roll for Project 981 (Rahncliff Road / Cliff Lake
Road / Rahn Road – Street Improvements) and schedule a public hearing to be held on November
17, 2009.
L. It was recommended to approve Change Order No. 3 to Contract 09-12 (Diffley Road & Rahn Road –
Intersection / Roundabout Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
M. It was recommended to accept a donation from the EHA and the Boys EHS Hockey Booster Club for
the purchase and installation of a sound system in the east and west civic arena at an approximate
value of $37,000.
N. It was recommended to approve the final payment for Contract 09-09 (Citywide Sanitary Sewer
Lining) in the amount of $131,551.50 to Visu-Sewer Clean & Seal, Inc., and accept the improvements
for perpetual City maintenance subject to warranty provisions.
O. It was recommended to approve a Tree Maintenance Contractor License for R. D. & Associates
Specialized Services.
PUBLIC HEARINGS
PROJECT 972, LONE OAK / WATERS AREA STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment for the Waters area street
overlay improvements. Public Works Director Colbert gave a staff report and explained the pavement
management system.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and
approve the Final Assessment Roll for Project 972 (Lone Oak / Waters Area – Street Overlay
Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT 976, AVALON / BURNSIDE AVENUES STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment for Avalon and Burnside
Avenues street overlay improvements. Public Works Director Colbert gave a staff report.
Mayor Maguire opened the public hearing.
Mike Taschek,1310 Avalon Avenue stated he had not been notified of the previous meetings in regard to
Project 976 and is opposed to the assessment. He also expressed his concern regarding truck traffic in
the area.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
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October 20, 2009
Page 3
Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and
approve the Final Assessment Roll as revised for Project 976 (Avalon / Burnside Avenues – Street
Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT 977, ROBIN LANE STREET OVERLAY IMPROVEMETNS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment for Robin Lane Street
overlay improvements. 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 Tilley moved, Councilmember Fields seconded a motion to close the public hearing and
approve the Final Assessment Roll for Project 977 (Robin Lane – Street Improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT 978, EAGANDALE / LEMAY LAKE STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment for the Eagandale / LeMay
Lake street improvements. 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 Fields moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the Final Assessment Roll for Project 978 (Eagandale / LeMay Lake – Street Improvements)
and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT 979, LEMAY LAKE / LUNKA ADDITIONS STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment for the LeMay / Lunka
Additions street overlay improvements. Public Works Director Colbert gave a staff report.
Mayor Maguire opened the public hearing.
Kathleen Murphy, resident of Lemay Lakes Townhomes, presented a petition with 21 names opposing
the assessments. She discussed her opposition to the methods of determining the assessment rates for
the townhomes on the per lot equivalent basis. She stated that she feels the assessment for the
townhomes should be calculated on the basis of front footage adjacent to the improved streets in the
neighborhood. Director Colbert explained the City’s Special Assessment Policy which provides for
townhome assessments at a 75% rate of a single-family lot within the project area, generally based upon
the amount of traffic generated by those two land uses.
Two other residents of the Lemay Lakes Townhomes expressed their opposition to the assessments.
Maria Fong, a resident on Towerview Road also opposed the assessment and requested reevaluation on
her property.
Staff addressed the questions of the residents. Mayor Maguire spoke to the theory of the pavement
management program.
City Council Minutes
October 20, 2009
Page 4
There being no further public comment, Mayor Maguire turned discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and
approve the Final Assessment Roll for Project 979 (LeMay Lake / Lunka Additions – Street
Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT 1001, OPPERMAN DRIVE STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment the Opperman Drive street
overlay improvements. Public Works Director Colbert gave a staff report.
Mayor Maguire opened the public hearing.
Donn Kirchgatter, 3575 Argenta Trail, opposed to commercial / industrial zoning classification
assessment rate proposed for his residential use property as part of this project.
Staff and Council discussed a deferment agreement for Mr. Kirchgatter.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Final
Assessment Roll for Project 1001 (Opperman Drive – Street Improvements) and authorize its certification
to Dakota County for collection and direct the City Attorney to draft a deferment agreement for property
located at 3575 Argenta Trail. Aye: 5 Nay: 0
The regular City Council meeting was recessed at 9:15 p.m. to immediately convene a meeting of the
Board of Adjustments and Appeals.
BOARD OF ADJUSTMENTS AND APPEALS
CONSIDERATION OF SETTING PUBLIC HEARING TO APPEAL STAFF DECISION – RICHFIELD
BLACKTOP CONDITIONAL USE PERMIT
City Administrator introduced this item regarding consideration to set a public hearing to appeal a staff
decision in regard to Richfield Blacktop Conditional Use Permit. City Attorney Dougherty discussed the
background of the issue and the appeal process.
Member Bakken suggested the City facilitate a remedy to the dispute between the two properties by
allowing storage of gravel on City property.
Board member Tilley moved, Board member Fields seconded a motion to adopt a resolution denying
2009-01
consideration of an appeal. Aye: 5 Nay: 0
The Board of Adjustments and Appeal was adjourned at 9:35 p.m. and the regular City Council meeting
was immediately reconvened.
OLD BUSINESS
There were no Old Business items.
City Council Minutes
October 20, 2009
Page 5
NEW BUSINESS
There were no New Business items.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting was recessed at 9:35 p.m. to immediately convene a meeting of the
Economic Development Authority.
The meeting was reconvened at 9:40 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 9:40
p.m.
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk