12/06/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
DECEMBER 6, 2011
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers
Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, December 6, 2011 at 6:30 p.m. at the Eagan
Municipal Center. Present were Councilmembers Bakken, Fields, 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, Public Works Director Colbert and City Engineer
Matthys.
Mayor Maguire not yet present. Councilmember Hansen was Acting Mayor.
AGENDA
City Administrator Hedges asked to have Public Hearing item A., Variances for 733 Bradford Place moved to final
Public Hearing, item D.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:
4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as
presented. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the November 15, 2011 regular City Council meeting
as presented
B. PERSONNEL ITEMS
1. It was recommended to approve the hiring of Eagan Fire Fighter, Andrew Fossum and Eagan
Fire Fighter, Tom Schellinger as temporary Fire Inspectors
2. It was recommended to authorize a Phased Retirement Agreement for Gene VanOverbeke
effective January 30, 2012 through December 31, 2012
3. It was recommended to approve the hiring of Erica Olson for the Clerical Technician III position
in the Community Development Department
C. It was recommended to approve Check Registers dated November 10, 2011, November 17, 2011
and November 23, 2011 as presented
D. It was recommended to approve Amendment adding South Metro Fire to Dakota County Fire
Mutual Aid Agreement
E. It was recommended to approve a Resolution accepting a Donation of $2,000 from the Eagan
Fire Department Auxiliary for the Fire Department
F. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for
Trinity School at River Ridge Winter Classic Events on January 27 and 28, 2012
G. It was recommended to approve a change in management on the Off -Sale 3.2 Percent Malt Liquor (Beer)
License for Wal -Mart Stores, Inc. DBA Wal -Mart Store #1786
H. It was recommended to approve Change in Management on the Off -Sale Liquor License for Sam's West
DBA Sam's Club #4738
I. It was recommended to approve Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer)
License for Kwik Trip, Inc. DBA Kwik Trip #662
City Council Meeting Minutes
December 6, 2011
2 page
J. It was recommended to approve Change in Management on the Off -Sale Liquor License for Supervalu,
Inc. DBA Cub Liquors and the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Eagan 2008 LLC
DBA Cub Foods
K. It was recommended to approve Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer)
License for Northern Tier Retail, LLC, DBA SuperAmerica 44049
L. It was recommended to approve Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer)
License for Northern Tier Retail, LLC, DBA SuperAmerica #4464
M. It was recommended to approve Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer)
License for RBF, LLC of Wisconsin DBA Rainbow Foods
N. It was recommended to approve Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer)
License for Supervalu, Inc. DBA Cub Foods
O. It was recommended to approve On -Sale 3.2 Percent Malt Liquor (Beer), Wine and Sunday License for
Sangat, Inc. DBA Indian Zayka, 1260 Town Centre Drive
P. It was recommended to approve renewals of existing alcohol licenses for 2012
Q. It was recommended to direct the City Clerk to issue 2012 alcohol license renewals upon licensees'
submission of renewal documents and fees
R. It was recommended to approve renewals of existing tobacco licenses for 2012
S. It was recommended to direct the City Clerk to issue 2012 tobacco license renewals upon licensees'
submission of renewal documents and fees
T. It was recommended to approve renewals of existing tree maintenance contractor licenses for 2012
U. It was recommended to direct the City Clerk to issue 2012 tree maintenance contractor licenses upon
licensees' submission of renewal documents and fees
V. It was recommended to approve renewals of existing trash hauler licenses for 2012
W. It was recommended to direct the City Clerk to issue 2012 trash hauler licenses upon licensees' submission of
renewal documents and fees
X. It was recommended to approve renewals of existing kennel and pet shop licenses for 2012
Y. It was recommended to direct the City Clerk to issue 2012 kennel and pet shop licenses upon licensees'
submission of renewal documents and fees
Z. It was recommended to approve a Revised Fund Balance Policy and related Resolution committing
specific revenue sources in Special Revenue Funds
AA. It was recommended to approve Agreement with Vanco Services for ACH processing of utility customer bank -
pay checks
BB. It was recommended to approve Resolution agreeing to enter into an Assessment Agreement — (City of
Eagan and Perron Family Members)
CC. It was recommended to approve Change Order No. 2 for Contract 10 -11, Ames Crossing Road (Street &
Utility Improvements)
DD. It was recommended to approve Change Order No. 2 for Contract 11-08, Cedar Grove Boulevard (Street &
Utility Improvements)
EE. It was recommended to present Feasibility Report for Project 1061 (S & W — Sibley Court — Street Overlay)
and schedule Public Hearing for January 3, 2012
FF. It was recommended to present Feasibility Report for Project 1060 (Tesseract Place — Street Overlay) and
schedule Public Hearing for January 3, 2012
GG. It was recommended to present Feasibility Report for Project 1076 (Slater Road/ Whispering Woods 4` — 5
Additions — Street Overlay) and schedule Public Hearing for January 3, 2012
HH.It was recommended to authorize Applications to Minnesota Pollution Control Agency for Clean Water
Partnership Grants
PUBLIC HEARINGS
COACHMAN OAKS HOUSING IMPROVEMENT AREA — CITY OF EAGAN
City Administrator introduced the Coachman Oaks Housing Improvement Area item.
Councilmember Tilley moved, Councilmember Fields seconded a motion to call for a Public Hearing on Tuesday,
December 20, 2011 to consider the creation of a housing improvement area for the Coachman Oaks Condominiums,
located at 1700 Four Oaks Road and 3155 Coachman Road. Aye: 4 Nay: 0
City Council Meeting Minutes
December 6, 2011
3 page
PROJECT 1085 DENMARK AVENUE, PROMENADE PLACE TO TOWN CENTRE DRIVE
INTERSECTION TRAFFIC CONTROL & STREET IMPROVEMENTS
City Administrator Hedges introduced the item regarding Project 1085, Denmark Avenue — Promenade Place to Town
Centre Drive, intersection traffic control and street improvements. City Engineer Matthys gave a staff report and noted
on November 1, 2011 the feasibility report for Project 1085 was presented to the City Council and an informational
meeting was held on November 28.
Mayor Maguire arrived at 6:45 p.m.
Mayor Maguire opened the public hearing.
Ronald Erickson of Woodland Trail addressed the Council as to the breakdown of who was paying for the improvements.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve
Project 1085, Denmark Avenue — Promenade Place to Town Centre Drive, intersection traffic control and street
improvements, as presented, and authorize the preparation of detailed final plans and specifications for a contract that
may be let within 2 years after said approval, and the acquisition of right -of -way and easements through quick -take
Eminent Domain, if necessary. Aye: 5 Nay: 0
PROPOSED 2012 BUDGET AND PROPERTY TAX LEVY
City Administrator Hedges introduced the item. The City Administrator and Director of Administrative Services
VanOverbeke reviewed the proposed 2012 budget and property tax levy.
Mayor Maguire opened the public hearing.
Neville Ansley, 1301 Berry Ridge Road, addressed the Council as to why his house recently appraised for less than
the assessed value.
Mike Gresser, 2905 Lexington Avenue South, addressed his proposed 2012 property taxes and asked the Council to
further reduce the City's budget.
The Council responded to Mr. Ansley and Mr. Gresser's concerns. There was further discussion by the City Council
and staff regarding the property tax levy and General Fund Budget. Director of Administrative Services
VanOverbeke responded to questions regarding the Market Value Homestead Credit and Homestead Market Value
Exclusion.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to close the public hearing and set the
2012 general levy and General Fund Budget approval for consideration at the December 20 City Council meeting.
Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the 2012 Cedarvale Special
Services District levy and budget. Aye: 5 Nay: 0
The City Council recessed at 8:05 p.m. The City Council reconvened at 8:15 p.m.
VARIANCE — BRADFORD PLACE — LESTER BORDSEN/HOMEOWNER
City Administrator Hedges introduced the item regarding variances for the property located at 733 Bradford Place
allowing more than 2 detached accessory structures, accessory structures exceeding 800 sq. ft., an accessory square
footage area exceeding the square footage of the dwelling, an accessory structure in the front yard and an accessory
structure exceeding the wall height requirements. City Planner Ridley gave a staff report and provided background
information.
Mayor Maguire opened the public hearing.
City Council Meeting Minutes
December 6, 2011
4 page
Homeowner, Lester Bordsen of 733 Bradford Place, was present and addressed the Council regarding the site
history and variances requested.
The Council discussed the proposal at length including the possibility of setting a precedent by allowing the variances.
The Council consulted the City Attorney and staff about possible conditions of approval for the variances. Ultimately,
the Council asked the applicant if he was supportive of a continuance to allow further investigation of scenarios to allow
the variances and increase the Council's comfort level. The applicant agreed with the approach. The Council clarified
that approval has not been given, but various scenarios would be considered. The Council asked for a progress update
prior to the item coming back before them.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and to
continue the item to the February 21, 2011 regular City Council meeting to consider the following variances: 1) to
allow more than two detached accessory structures, 2) to allow accessory structures in excess of 800 sq. ft., 3) to
allow the size of accessory structure to exceed the size of the house, 4) to allow an accessory structure in the front
yard, and 5) to allow an accessory structure that exceeds the wall height requirements, subject to the conditions
listed in the staff report. Aye: 5 Nay: 0
OLD BUSINESS
There were no items for discussion.
NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING - FORMER FIRE
ADMINISTRATION BUILDING
City Administrator Hedges introduced the item regarding a Comprehensive Guide Plan Amendment to be
submitted to the Metropolitan Council for the City-owned property located at 3795 Pilot Knob Road. City Planner
Ridley gave a staff report and provided background information.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to submit a
Comprehensive Guide Plan Amendment to the Metropolitan Council for the City-owned property located at 3795
Pilot Knob Road. Aye: 5 Nay: 0
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items to be discussed.
VISITORS TO BE HEARD
There were no visitors to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:25 p.m.
Aye:5 Nay:0
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