12/04/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
DECEMBER 4, 2012
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Hansen, Fields and Tilley.
Lee Myhram addressed the Council regarding the MAC vote on the RNAV flight tracks. Shelby
Krumenacker addressed the Council regarding the status of a Police report.
A regular meeting of the Eagan City Council was held on Tuesday, December 4, 2012 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and
Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant
City Administrator VanOverbeke, Director of Finance Pepper, Director of Community Development
Hohenstein, City Planner Ridley, Director of Public Works Matthys, Communications Director Garrison,
Director of Parks and Recreation Johnson, Fire Chief Scott, and Executive Assistant Stevenson.
AGENDA
City Administrator Hedges noted the addition of Consent Item M, to appoint Dorothy Peterson as an
alternate to the Advisory Parks Commission with the term ending April 2013.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
modified. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda
as presented /modified. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the November 7, 2012.
B. Personnel Items
1. It was recommended to accept the status change of Clerical Technician Margaret
(Peggy) Fleck from Full Time (40 hours /wk) to on -call status through December 2012.
2. It was recommended to approve the hiring of Jessica Mitchell, Temporary Clerical
Technician III in Community Development.
3. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve Check Registers dated November 16 & 23, 2012.
D. It was recommended to approve renewals of existing alcohol licenses for 2013.
E. It was recommended to direct the City Clerk to issue 2013 alcohol license renewals upon
licensees' submission of renewal documents and fees.
F. It was recommended to receive the Well head'Protection Plan — Part I Report and schedule a
Public Hearing for December 18, 2012.
G. It was recommended to approve the Water Quality Cost Share Partnership Program.
City Council Meeting Minutes
December 4, 2012
2 page
H. Item removed
I. It was recommended to approve an agreement with empowris, LLC to allow the Eagan
Community Center to participate as a provider to companies represented by empowris.
J. It was recommended to authorize submittal of FY 2013 Community Development Block
Grant Application to the Dakota County CDA.
K. It was recommended to authorize submittal of 2013 Redevelopment Incentive Grant
Application to the Dakota County CDA.
L. It was recommended to authorize preparation of Small Area Land Use Study for Lockheed
Martin Property in Central Commons Special Area.
M. It was recommended to appoint Dorothy Peterson as an alternate to the Advisory Parks
Commission.
Consent L. Peter Coyle representing CSM Corporation addressed the Council looking for an explanation
on what the intentions are with the Small Area Land Use Study. Director of Community Development
Hohenstein responded to Mr. Coyle's question.
PUBLIC HEARINGS
PROPOSED 2013 BUDGET AND PROPERTY TAX LEVY
Mayor Maguire introduced the item noting the Truth -in- Taxation hearing is on the City's budget and
levy options.
City Administrator Hedges noted the State requires cities over 2,500 in population to hold a public
hearing on their proposed budget and tax levy for the next year. A budget open house was held on
November 27, 2012. The proposed General Fund budget stands at $28,864,200, a 2.9% increase
over 2012. Since the time the General Fund expenditure budget was reviewed in August, three
adjustments netting to a total budget increase of $10,200 have been made. Hedges noted the
proposed property tax levy is $28,322,017, a 3.27% increase over 2012. Finance Director Pepper
provided additional information about the proposed budget and tax levy.
Council discussed the proposed 2013 budget and property tax levy.
Mayor Maguire opened the public hearing.
Thad Carlson, 1673 Oakbrooke Court, addressed the Council regarding his 2013 tax statement.
There being no further public comment, he turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing,
approve the General Fund budget of $28,864,200 and approve a resolution adopting the final 2013
general levy of $28,322,017. Aye: 5 Nay: 0
City Council Meeting Minutes
December 4, 2012
3 page
NEW BUSINESS
CONDITIONAL USE PERMIT— WAGGING TAILS PET RESORT
City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public
Hearing on November 27, 2012 and is recommending approval. City Planner Ridley gave a staff report
and additional history on the property noting the applicant is removing the north play area from the
CUP request which eliminates the need for pea gravel and therefore the green space non - conformity.
Owner, Keith Olson provided photos of the new area behind the building and was available for
questions.
The Council discussed the permit request. With the removal of the north play area, it was noted it was
appropriate to eliminate the first sentence of condition #6, as listed in the APC minutes.
Mayor Maguire opened the meeting for public comment. There being no public comment, he turned
the discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow boarding of up to 125 dogs for property at 3275 Sun Drive, subject to the following
revised conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall
not exceed 125.
3. Customer service hours shall be 6:30 a.m. to 6:30 p.m. Monday through Friday, and 9:00 a.m.
to 5:00 p.m. Saturday and Sunday.
4. The applicant shall maintain a current kennel license.
5. The premises shall be open for inspection by the City and the City shall have the right to
inspect the premises.
6. All play yards shall utilize pea gravel as a surface except the hill area on the west side of the
property.
7. The applicant shall remove the temporary, free standing sign. All signage shall meet City Code
requirements.
8. Trash and recycling containers shall be properly contained within the building or an enclosure
that complies with City Code requirements.
9. Twenty percent of the outdoor play area shall provide shade during the months of May
through October.
10. The designated bathroom area for the animals shall be cleaned daily.
11. The applicant shall provide an emergency action plan to clearly define the direction of
removing and relocating up to 125 dogs if an incident were to occur in inclement weather and
there was a need to evacuate the entire building in a form acceptable to the City Fire Marshal.
City Council Meeting Minutes
December 4, 2012
4 page
COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY
PLANNED DEVELOPMENT AND FINAL PLAT— DAKOTA COUNTY CDA
City Administrator Hedges introduced the item noting the action requested is to submit to the
Metropolitan Council a Comprehensive Guide Plan Land Use Amendment. Hedges noted the Advisory
Planning Commission held a Public Hearing on November 27, 2012 and is recommending approval. City
Planner Ridley gave a staff report and additional history noting the site consists of three separate
parcels located east of Sibley Memorial Highway and north of Letendre Street and the proposed
development consists of six townhome buildings containing a total of 28 units with a density of 6.4 units
per acre. Ridley noted the southerly property is guided medium density and the two northerly
properties are currently guided high density; as such only the two northerly properties are affected by
the proposed guide plan amendment. The applicant, Kari Gill with Dakota County CDA, discussed the
site and the need for the proposed project and was available for questions.
The Council discussed the request. Mayor Maguire noted the concern in the Advisory Planning
Commission minutes regarding the private drive being included in the project. The Council directed
staff to include an update on the private drive issue when the amendment, rezoning and platting items
come back before the Council under Old Business at a future City Council meeting.
Mayor Maguire opened the meeting for public comment.
Ron and Barb Miller, 3217 Donald Avenue, addressed the Council stating concern on the rezoning of the
properties. Jeff Poetter, 3270 Sibley Memorial Highway, addressed the Council stating concern
regarding the private drive issue. City Administrator Hedges answered their questions.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to submit to the
Metropolitan Council a Comprehensive Guide Plan Land Use Amendment that would change the land
use designation from HD (High Density), to MD (Medium Density) for approximately 2.1 acres, legally
described as part of Government Lot 3, Section 9, Township 27, Range 23. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
CITY ADMINISTRATOR
City Administrator Hedges noted the Proclamation to honor Nicholas David "The Voice for Eagan ".
DIRECTOR OF PUBLIC WORKS
Director of Public Works Matthys noted the Mayor will have 15 pounds more pressure in his water
system along with his neighbors due to the implementation of the Ultra High Pressure Zone as of
December 5.
City Council Meeting Minutes
December 4, 2012
5 page
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:20 p.m. Aye: 5 Nay: 0
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