11/15/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 15, 2011
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Bakken, Hansen and Tilley. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, November 15, 2011 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Also present were
City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services
VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald,
Communications Director Garrison, Director of Parks and Recreation Johnson and Animal Control Officer Grimm.
Councilmember Fields was absent.
AGENDA
City Administrator Hedges requested an item be added to the Recognitions and Presentation section of the Agenda
entitled, Opening of Duckwood Overpass. Councilmember Tilley moved, Councilmember Hansen seconded a
motion to approve the agenda as amended. Aye: 4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Comments from the Council and City staff were made recognizing the opening of the Duckwood Overpass and the
completion of the City's Ring Road Project.
CONSENT AGENDA
Councilmember Tilley Hansen, Councilmember Tilley seconded a motion to approve the Consent Agenda as
presented. Aye: 4 Nay: 0
A. It was recommended to approve the minute of the November 1, 2011 regular City Council
meeting as presented
B. PERSONNEL ITEMS
1. It was recommended to accept the resignation of Police Receptionist, Deborah (Deb) Gustin
2. It was recommended to authorize the status change of Police Receptionist, Joanne O'Keefe,
from .5 FTE to a 1.0 FTE
3. It was recommended to approve the recruitment of a temporary Fire Inspector until further
notice.
4. It was recommended to authorize replacement of the position of Fire Marshall
5. It was recommended to accept the resignation of Jeff Munsterteiger, Code
Enforcement /Property Maintenance Technician and authorize his replacement
6. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation
C. It was recommended to approve Check Registers dated October 27, 2011 and November 3, 2011
as presented
D. It was recommended to approve a Resolution accepting a donation from Bonfire's Restaurants of
$662.70 for the Fire Department
E. It was recommended to approve a Resolution accepting a donation from Wal -Mart of $500 for
the Fire Department
F. It was recommended to approve a Resolution to accept a donation of a park bench to be located
at Holz Farm
G. It was recommended to approve a Resolution to accept a donation of equipment for visually
impaired people
H. It was recommended to authorize an application of a Grant from the Metropolitan Regional Arts
Council for a Community Arts Grant
I. It was recommended to authorize a request for Speed Study by Minnesota Department of
Transportation — Ames Crossing Road
J. It was recommended to approve final payment for Contract 10 -10, South Water Treatment Plant
City Council Meeting Minutes
November 15, 2011
2 page
K. It was recommended to approve final payment for Contract 11 -04, Citywide Sanitary Sewer
Lining
L. It was recommended to present the Feasibility Report for Project 1047 (Johnny Cake Ridge Road
South — Street Overlay) and Schedule Public Hearing (December 20, 2011)
M. It was recommended to present the Feasibility Report for Project 1078 (Johnny Cake Ridge Road
North — Street Overlay) and Schedule Public Hearing (December 20, 2011)
N. It was recommended to present the Feasibility Report for Project 1079 (Denmark Avenue/
Clubview Drive — Street Overlay) and Schedule Public Hearing (December 20, 2011)
O. It was recommended to present the Feasibility Report for Project 1080 (Rahn Road — Street
Overlay) and Schedule Public Hearing (December 20, 2011)
P. It was recommended to approve final payment for Contract 10 -21, Trapp Farm Park Infiltration
Basin
Q. It was recommended to approve Change Order No. 1 for Contract 11 -08, Cedar Grove Boulevard
(Street & Utility Improvements)
R. It was recommended to approve a Membership Agreement with the National Joint Powers
Alliance purchasing cooperative
S. It was recommended to approve a Massage Therapy Establishment License for Jodee Jones,
Cloud Nine Salon and Spa, 1284 Town Centre Drive Suite 114
T. It was recommended to schedule a Public Hearing for December 6, 2011 for consideration of a
Housing Improvement Area for Coachman Oaks Condominium Homeowners Association
City Administrator Hedges commented on the four items under Consent acknowledging donations that were made to
the City.
PUBLIC HEARINGS
VARIANCE — BOSTON COURT / MATTHEW TOLIC
City Administrator Hedges introduced the item regarding a 5 foot variance to the required 15 foot rear yard setback for a
deck located at 3924 Boston Court, legally described as Lot 12, Block 1, Lexington Square 2 nd Addition. City Planner
Ridley gave a staff report.
Mayor Maguire opened the public hearing.
Homeowners Matthew and Kandice Tolic were present and addressed the Council regarding the variance. Two
additional neighbors located at 3918 Boston Court and 3923 Boston Court spoke individually in favor of the
variance.
Lance Staricha, 3895 Newtown Court, was present and had previously sent correspondence opposing the variance at
3924 Boston Court. Mr. Staricha amended his position on the variance to only a concern with the proposed location
of the deck stairway.
The Council discussed the previous and proposed location of the deck stairs noting the variance only applies to the
stairs. Council and staff further discussed the incorrect information in the handout given to the homeowner
regarding the rear yard setback for the construction of a deck, noting the homeowner's contractor started
construction prior to receiving an approved Building Permit.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a variance of 5 feet to the 15
foot required rear yard setback for construction of a deck on property containing a single family home in a PD,
Planned Development, zoning district located at 3924 Boston Court, legally described as Lot 12, Block 1, Lexington
Square 2 nd Addition, subject to the conditions listed in the staff report. Aye: 3 Nay: 1 (Hansen)
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 extension shall be required 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.
City Council Meeting Minutes
November 15, 2011
3 page
2. The applicant shall obtain a building permit prior to construction, and identify the rear lot line so the setbacks
can be verified.
3. The applicant shall identify the property line and verify compliance with required setbacks at the time of the
footing inspection.
OLD BUSINESS
ORDINANCE AMENDMENT RELATIVE TO DOG, CAT, FERRET AND HORSE REGULATION
SECTION 10.11 OF THE EAGAN CITY CODE
City Administrator Hedges introduced the item regarding an ordinance amendment relative to dog, cat, ferret
and horse regulation contained in Section 10.11 of the Eagan City Code. Hedges noted the changes are based
upon new inoculation requirements, licensing standards and convenience for pet owners and streamlining
enforcement and quarantine actions.
Police Chief McDonald noted the updates, along with three additional changes to the proposed ordinance
amendment; 1.) page 3 of the ordinance amendment, paragraph (a) deleting "providing the date thereof' from
the last sentence and replacing it with "as of the indicated date on the certificate. 2.) page 4 of the ordinance
amendment paragraph (a) striking the words biting, 4"' line down, and adding "that bit or has been bitten" after
the word ferret (same line) to read .... the owner of the dog, cat, or ferret that bit or has been bitten, having
been so notified... ; and 3.) page 5 of the ordinance amendment, deleting the word dog from the third line down
from the top of the page.
The Council held a brief discussion regarding the updates and changes to the ordinance.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance
amendment relative to dog, cat, ferret, and horse regulation contained in Section 10.11 of the Eagan City Code
and direct the City Attorney to publish the ordinance amendment summary, along with the 3 additional
changes discussed. Aye: 4 Nay: 0
NEW BUSINESS
There were no items for discussion.
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
VISITORS TO BE HEARD
There were no visitors to be heard.
ADJOURNMENT
Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:23 p.m.
Aye:4 Nay:0
Date -Co-I
Mayor
Clerk