11/05/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 5, 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 and Hansen. Councilmember Fields was absent. There were no
visitors who wished to be heard.
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 and Hansen.
Councilmember Fields was absent. 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 an item that would be added to the Administrative Agenda.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
amended. Aye: 4 Nay: 0
RECOGNITIONS
There were no recognitions or presentations.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as amended. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the October 20, 2009 regular City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to accept the letter of resignation from Barbara Kalstabakken, Clerical Tech
III in Community Development.
2. It was recommended to approve new “Mobile Device” section to be added to the City of Eagan
Information Technology Policy which is included in the City of Eagan Personnel Policy Manual.
C. It was recommended to ratify check registers dated October 15, 2009 and October 22, 2009 as
presented.
D. It was recommended to approve a change in the business structure (ownership) of on-sale 3.2% malt
liquor (beer) license from Peter Ko, dba Dragon Palace Restaurant (Sole Proprietorship) to Dragon
Palace, Inc., dba Dragon Palace (Corporation).
E. It was recommended to direct the City Attorney’s office to prepare an ordinance amendment to
Chapter 5 – Beer, Wine and Liquor Licensing and Regulation.
F. It was recommended to approve the DARE / Police Liaison Services Agreement between the City of
Eagan and ISD #196.
G. It was recommended to approve a resolution authorizing the issuance and sale of General Obligation
09-27
Recreational Facility Crossover Refunding bonds, Series 2009B.
H. It was recommended to approve the revised City Purchasing Policy.
I. It was recommended to approve the funding application to Dakota County to operate the 2010 Dakota
Valley Recycling Program, the joint recycling program for the Cities of Eagan, Apple Valley and
Burnsville.
J. It was recommended to approve Change Order No. 4 for Contract 08-06 (Northwood Parkway – I-35E
Overpass) and authorize the Mayor and City Clerk to execute all related documents.
City Council Minutes
November 5, 2009
Page 2
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K. It was recommended to approve the 5 and final payment for Contract 08-07 (Lexington/Diffley and
Safari Reservoir Improvements) in the amount of $206,825 to TMI Coatings Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve an Agreement for Contractual Snow and Ice Control services with
Gallagher’s Inc. for the 2009-2010 winter snow and ice season and authorize the Mayor and City
Clerk to execute all related documents.
M. It was recommended to approve the issuance of a permit to the Unisys Corporation to drill a water
supply well at 3199 Pilot Knob Road subject to the following conditions:
1. The well shall be no greater than 8 inches in diameter.
2. The well shall not be drilled into any part of the Prairie du Chien (or shale) aquifer, nor greater
than 335 feet, whichever is the greater restriction.
3. The well shall not pump at a rate greater than 100 gpm.
4. Unisys (and all future property owners) shall submit to the City a certified copy of the well log and
an annual report of any usage of the well.
5. The water supply line shall not be connected to any portion of the City’s water supply line.
N. It was recommended to approve the resolution to withdraw from the Regional Mutual Aid Association
09-28
and authorize the Mayor and City Clerk to execute all related documents.
O. It was recommended to approve a resolution amending the Public Works 5 Year Capital Improvement
09-29
Program (2010-2014) to incorporate the addition of a Minnesota Department of Transportation noise
wall in 2014.
P. It was recommended to approve assessment deferment and settlement agreement for Project 905R
(Lebanon Hills Storm Drainage) for Parcel 10-03400-032-53 (Nelson), 10-03400-010-54 (Shadduck)
and 10-22540-390-02 (Foss) and authorize the Mayor and City Clerk to execute all related
documents.
Q. It was recommended to approve a resolution requesting the Minnesota Department of Transportation
to advance to the City of Eagan $2,000,000 from the Municipal State Aid (MSA) Construction
account.
R. It was recommended to approve a six month extension of time to record the final plat for Rustin
Norvin Oaks, consisting of two single family lots on .87 acres, located at 4870 Rusten Road.
S. It was recommended to approve the release of the Cost Participation Agreement and Waiver of
Hearing for Lot 6, Block 2, Eagan Promenade, located at 1270 Promenade Place.
T. It was recommended to schedule a public hearing for December 15, 2009 to consider the application
from the Meadowlark Ridge Homeowners Association for a Housing Improvement District for its
property.
U. It was recommended to modify the conditions of Planned Development approval for the Sam’s Club
located at 3035 Denmark Avenue.
V. Item removed.
W. It was recommended to approve a change in management on the off-sale 3.2% malt liquor (beer)
license for Holiday Stationstore #247 located at 3615 Pilot Knob Road.
X. It was recommended to approve the final payment for Contract 09-08 (Citywide Trail Improvements)
in the amount of $10,181.03 to Aslakson’s Blacktopping, and accept the improvements for perpetual
City maintenance subject to warranty provisions.
PUBLIC HEARINGS
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PROJECT 974, FEDERAL DRIVE / WASHINGTON / 81 STREET
STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessments for the Federal Drive,
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Washington and 81 Street overlay improvements. Public Works Director Colbert gave an overview of
the City’s pavement management program. He then gave a staff report in regard to Project 974.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
City Council Minutes
November 5, 2009
Page 3
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and
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approve the Final Assessment Roll for Project 974 (Federal Drive / Washington Drive / 81 Street – Street
Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0
PROJECT 975, MARICE DRIVE / SHERMAN COURT
STREET OVERLAY IMPROVEMENT FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessments for Marice Drive and
Sherman Court 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 Bakken moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the Final Assessment Roll for Project 975 (Marice Drive / Sherman Court Street
Improvements) and authorize it certification to Dakota County for collection. Aye: 4 Nay: 0
PROJECT 1006, KNOLL RIDGE DRIVE
STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessments for Knoll Ridge Drive
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 Hansen seconded a motion to close the public hearing and
approve the Final Assessment Roll for Project 1006 (Knoll Ridge Drive – Street Overlay Improvements)
and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0
EAGANDALE CENTER INDUSTRIAL PARK NO. 16 / DART TRANSIT COMPANY ADDITION
EASEMENT VACATION
City Administrator Hedges introduced this item regarding the vacation of public drainage and utility
easements within Eagandale Center Industrial Park No. 16 and the final plat of Dart Transit Company
Second Addition. 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 Hansen seconded a motion to approve the vacation of
public drainage and utility easements within Eagandale Center Industrial Park No. 16 and Dart Transit
Company Addition and authorize the Mayor and City Clerk to execute all related documents.
Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Plat of
Dart Transit Company Second Addition to create one lot on approximately 10.7 acres located on the
southwest corner of Highway 55 and Lone Oak Road in the NE ¼ of Section 11 and the NW ¼ of Section
12. Aye: 4 Nay: 0
City Council Minutes
November 5, 2009
Page 4
CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
City Administrator Hedges discussed this item regarding the delinquent false alarm bills noting there are
currently four delinquent bills with an assessable amount of $980.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and
approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota
County. Aye: 4 Nay: 0
CERTIFICATION OF DELINQUENT WEED CUTTING BILLS
City Administrator Hedges discussed this item regarding the delinquent weed cutting bills noting there are
currently 11 delinquent bills with an assessable amount of $2,369.86.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to
Dakota County. Aye: 4 Nay: 0
CERTIFICATION OF DELINQUENT REFUSE REMOVAL BILLS
City Administrator Hedges discussed this item regarding the delinquent refuse removal bills noting there
are currently two delinquent bills with an assessable amount of $1,981.15.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the final assessment roll for delinquent refuse removal bills and authorize its certification to
Dakota County. Aye: 4 Nay: 0
CERTIFICATION OF DELINQUENT BOARD UP BILLS
City Administrator Hedges discussed this item regarding the delinquent board up bills noting there is
currently one delinquent bill with an assessable amount of $382.75.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and
approve the final assessment roll for delinquent board up bills and authorize its certification to Dakota
County. Aye: 4 Nay: 0
CERTIFICATION OF DELINQUENT UTILITIES
City Administrator Hedges discussed this item regarding the delinquent utility bills noting there are
currently approximately 1,238 delinquent payments with an assessable amount of $185,074.02. He also
noted there is one objection to a delinquent bill and assessment. Administrative Services Director
City Council Minutes
November 5, 2009
Page 5
VanOverbeke discussed the City’s delinquent utility accounts in comparison to those of gas and electric
companies.
Mayor Maguire opened the public hearing.
Mark Gilbertson, Valvoline Instant Oil Change, presented a letter of objection and explained that his
company had been paying the water bill for the entire strip mall where it is located until last year. He
further explained that he had requested the responsible party on the bill be changed. Staff was directed to
investigate the utility billing situation and possibly meet with the other property owners in the strip mall.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
Mayor Maguire moved, Councilmember Bakken seconded a motion to close the public hearing and
approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County
with the exception of account number 0012026084. Aye: 4 Nay: 0
Mayor Maguire moved, Councilmember Bakken seconded a motion to continue consideration of account
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number 0012026084until November 17. Aye: 4 Nay: 0
OLD BUSINESS
There were no Old Business items.
NEW BUSINESS
CONSIDERATION OF IMPOSITION OF ADDITIONAL PENALITIES FOR BRAR ENTERPRISES, INC.
DBA BLACKHAWK LIQUOR & WIND
City Administrator Hedges discussed this item regarding the possible imposition of additional penalties for
Blackhawk Liquor & Wine for four alcohol sales violations within a 36-month period. After discussion, it
was the consensus of the Council to hold an administrative hearing.
Mayor Maguire moved, Councilmember Tilley seconded a motion to hold an administrative hearing on
November 17 to consider the imposition of additional penalties to include revocation of the off-sale license
for Brar Enterprises, Inc.. Aye: 4 Nay: 0
PLANNED DEVELOPMENT AMENDMENT – KASHEVATSKY
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a
3,300 square foot garage addition at 3445 Washington Drive. City Planner Ridley gave a staff report.
The applicant’s representative, Quinn Hutson, was present and stated they agreed with the conditions of
approval and he would be available for questions.
The Mayor and Council discussed the proposed addition in the context of the surrounding uses and the
increase in tax base that will be generated,
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow a 3,300 SF garage addition at 3445 Washington Drive, legally
described as Lot 2, Block 1, Bicentennial Fourth Addition, subject to the following conditions:
Aye: 4 Nay: 0
City Council Minutes
November 5, 2009
Page 6
1. An Amendment to the Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder’s office.
2. This Amendment is intended to supplement and amend the existing Planned Development
Agreement. All other conditions and provisions of the existing Planned Development Agreement
shall remain in full force and effect.
3. Updated building facades shall be constructed per the submitted elevation plan dated September
16, 2009 and shall include garage doors painted to match the color of the building.
4. Landscaping shall be installed (as shown on the plan dated September 16, 2008) no later than
September 15, 2010.
5. The parking lot shall be restriped to have the stalls no less than 9 x 19 in size no later than
September 15, 2010.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
A. Discussion was held regarding an amendment to the purchase agreement with the Rahn Family
Limited Partnership to acquire four acres to construct a fire station.
Motion was made by Bakken, seconded by Hansen to approve an amendment to the Purchase
Agreement to correct the legal description; to modify the assessment agreements that are to be
signed and delivered at closing; and to modify all other assessment agreements and to allow the
Mayor and Clerk to sign any such amendments in a form acceptable to the City Attorney.
Aye: 4 Nay: 0
VISITORS TO BE HEARD
Administrative Intern Chris Gelke was introduced.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:30
p.m. Aye: 4 Nay: 0
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk