01/16/2007 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 16, 2006
A listening session was held on January 16, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center.
Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. There were no visitors who
wished to be heard.
A regular meeting of the Eagan City Council was held on January 16, 2007 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. Also present were
City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom
Colbert; City Engineer, Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and
Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
CONSENT AGENDA
Item I was pulled for discussion.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as
amended. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the January 2 regular City Council meeting as
presented .
B. Personnel Items.
1. It was recommended to approve the hiring of Ryan Moy as a Recreation Program Assistant.
2. It was recommended to approve the hiring of Alex Maves, Becky Hanning, Bob Rydberg, Dan Myers,
Eric Holmay, Erick Bertelson, Geoff Cleveland, Hillary Haynes, Jennie Schorn, John Hemmingson,
Jonah Lundberg, Joshua Garcia, Kati Schorn, Katie Maruish, Kelly Colbert, Kevin Blake, Kevin
Stevenson, Matt Steele, Mike Hemmingson, Mike Eliers, Nick Kelley, Peter Fooshe, Renee Schlittler,
Richard Otte, Ryan Marks, Tate Plath and Wayne Gray as Winter Recreation Leaders.
3. It was recommended to approve the hiring of Randy Boyden, Keith Wallace and Chad Huebener as
winter adult sport officials.
4. It was recommended to approve a resolution offering Social Security to elected officials covered by
07-03
the PERA Defined Contribution Plan (DCP).
C. Check Registers. It was recommended to ratify the check registers dated January 4, 2007 and January
11, 2007 as presented.
D. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor
License for Wright Tree Service and Kaufman Enterprises, Inc.
E. Tobacco License. It was recommended to approve a 2007 Tobacco License for Tobacco Outlet, 1430
Yankee Doodle Road.
F. Trash Hauler License. It was recommended to approve a 2007 Trash Hauler License for Veolia
Environmental Service.
G. Final Subdivision. It was recommended to approve a Final Subdivision (Marian Addition) to create two
single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE ¼ of Section 27.
H. Item was removed from agenda.
I. Rezoning. Pulled for discussion.
J. Contract 06-05. It was recommended to approve plans and specifications for Contract 06-05 (Blackhawk
Road/Galaxie Avenue & Cliff Road ? Intersection Improvements) and authorize the advertisement for a
bid opening to be held at 10:30 a.m. on Thursday, March 1, 2007.
Eagan City Council Meeting Minutes
January 16, 2007
Page 2
07-04
K. Winter Season Parking. It was recommended to approve a resolution establishing winter season parking
regulations as proposed by the City Engineer for Mallard View and authorize the installation of regulatory
street signs.
L. 2006 Joint Powers Agreement. It was recommended to approve the 8-City Joint Powers Agreement for
Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related
documents.
M. Contract 07-01. It was recommended to approve the plans and specifications for Contract 07-01
(Citywide Street Overlay and Trail Improvements) and authorize the advertisement for a bid opening to be
held at 10:30 a.m. on Thursday, February 15, 2007.
N. Contract BCBS. It was recommended to approve a contract with BCBS as part of the Eagan Community
Center?s Fitness on the Road Program and authorize the Mayor to sign the appropriate documents.
O. Partnership. It was recommended to approve a partnership between MICAH, APEX and the City of
Eagan to allow Definity members of United Health who join the ECC fitness center to participate in the
fitness reimbursement program and direct staff to prepare the appropriate agreements for the Mayor?s
signature.
P. Grant. It was recommended to authorize the transfer of a 2007 Clean Water Legacy Act Surface Water
Assessment Grant to the Gun Club Lake Watershed Management Organization for a monitoring project
on Holland Lake, Jensen Lake, O?Brien Lake, and McDonough Lake, all within Lebanon Hills Regional
Park and the Gun Club Lake Watershed.
I. Rezoning
. Direct staff to initiate a rezoning of the property legally described as part of Lot 3, Auditor?s
Subdivision No. 38, located at 3401 Highway 55 in the NE ¼ of Section 12.
This item was pulled from the Consent Agenda at the request of Vern Shaft, 520 Chapel Lane, adjoining
property owner. City Administrator Hedges discussed the proposed rezoning and noted that the action
tonight would only be to initiate the process for rezoning which would include review by the Advisory
Planning Commission. Mr. Shaft discussed his concerns and stated he would also addresse the matter at
the Advisory Planning Commission public hearing. Staff indicated they would meet with Mr. Shaft prior
to the public hearing.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to initiate a
rezoning of the property legally described as part of Lot 3, Auditor?s Subdivision No. 38, located at 3401
Highway 55 in the NE ¼ of Section 12. Aye: 5 Nay: 0
PUBLIC HEARINGS
PROJECT 950, OPPERMAN DRIVE & TH 149
INTERSECTION RECONFIGURATION
City Administrator Hedges introduced this item regarding the intersection reconfiguration at Opperman Drive and
TH 149. City Engineer Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 950 (Opperman
Drive & TH 149-Intersection Reconfiguration and Access Improvements) with the following options:
1. Receive a wavier of special assessment appeal from Thomson Legal and Regulatory and authorize the
preparation of detailed final plans and specifications.
2. Contingent on award of contract for Project 778.
Aye: 5 Nay: 0
2007 ORGANIZATIONAL BUSINESS
Eagan City Council Meeting Minutes
January 16, 2007
Page 3
City Administrator Hedges explained that organizational business is considered at the second regular City Council
meeting in January. The following items were acted on:
ACTING MAYOR
Mayor Maguire moved to appoint Councilmember Tilley as Acting Mayor, Councilmember Tilley seconded the
motion. Aye: 4 Nay: 0 (Carlson abstained)
OFFICIAL LEGAL NEWSPAPER
Motion was made by Fields, seconded by Bakken to approve retention of the This Week Newspaper as the City of
Eagan?s official legal newspaper. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
January 16, 2007
Page 4
CITY COUNCIL MEETING DATES
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the modified 2007 Schedule
of City Council meetings. Aye: 5 Nay: 0
2007 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS
JANUARY 2 MAY 1 SEPTEMBER 4
JANUARY 16 MAY 15 SEPTEMBER 18
FEBRUARY 6 JUNE 5 OCTOBER 2
FEBRUARY 20 JUNE 19 OCTOBER 16
MARCH 6 JULY 10** NOVEMBER 5***
MARCH 20 JULY 17 NOVEMBER 20
APRIL 5* AUGUST 7 DECEMBER 3****
APRIL 17 AUGUST 21 DECEMBER 18
* April 5 due to Passover
th
** July 10 due to July 4 holiday
*** November 5 due to election day
**** December 3 ? Truth in Taxation (and Hanukkah)
There will be a Listening Session at 6:00 p.m. before each regular Council meeting.
2007 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS
JANUARY 9 MAY 8 SEPTEMBER 11
JANUARY 23 (tentative) MAY 22 (tentative) SEPTEMBER 25 (tentative)
FEBRUARY 13 JUNE 12 OCTOBER 9
FEBRUARY 27 (tentative) JUNE 26 (tentative) OCTOBER 23 (tentative)
MARCH 13 NOVEMBER 13
MARCH 27 (tentative) JULY 24 (tentative) NOVEMBER 27 (tentative)
APRIL 10 AUGUST 14 DECEMBER 10*
APRIL 24 (tentative) AUGUST 28 (tentative)
* December 10 due to Truth in Taxation
Eagan City Council Meeting Minutes
January 16, 2007
Page 5
CITY COUNCIL MEETING PROCEDURES
Councilmember Fields moved, Councilmember Tilley seconded a motion to acknowledge Robert?s Rules of Order
as the means to conduct official business at all Regular City Council meetings, and approve the guideline/handout
for public participation in Council meetings. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to ratify the practice that at least two
members of the City Council must make the request of the City Administrator to place an item on an upcoming
City Council agenda. Aye: 5 Nay: 0
COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS
Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the appointed members of
Council standing committees, intergovernmental committees and other committees as listed. Aye: 5 Nay: 0
Standing Committees:
Finance Committee: Councilmember Carlson and Mayor Maguire
Public Works Committee: Councilmember Fields and Councilmember Bakken
Personnel Committee: Mayor Maguire and Councilmember Carlson
Communications Committee : Councilmember Tilley and Councilmember Carlson
School District #191: Councilmember Fields and Councilmember Tilley
School District #196: Councilmember Fields and Councilmember Tilley
School District #197: Councilmember Fields and Councilmember Tilley
Advisory Commission Liaisons:
Advisory Parks and Recreation Commission: - Councilmember Carlson
Advisory Planning Commission ? Councilmember Bakken
Airport Relations Committee ? Councilmember Fields
Burnsville Eagan Telecommunications Commission ? Councilmember Tilley
Intergovernmental Committee Appointments
:
Minnesota Valley Transit Authority Board - Councilmember Tilley
Municipal Legislative Commission Board ? Mayor Maguire
Cedar Corridor Committee ? Mayor Maguire (City Administrator as alternate)
Monthly Mayor/Manager Breakfasts ? Mayor Maguire
Dakota County Communication Board ? Mayor Maguire (Councilmember Fields as alternate)
MSP Noise Oversight Committee ? Councilmember Fields
(Assistant to City Administrator Miller and Community Director Hohenstein as alternates)
Eagan Convention and Visitors Bureau ? Peggy Carlson
Other Committees:
Testimony at Legislature ? all as needed
AMM Board of Directors ? Mayor Maguire
Caponi Art Park Board ? Mayor Maguire
Breakfast with Mayor / Chamber of Commerce ? Mayor Maguire
ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY
Eagan City Council Meeting Minutes
January 16, 2007
Page 6
Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of the Elected
Officials Out-of-State Travel Policy to the February 6 Council retreat. Aye: 5 Nay: 0
OLD BUSINESS
CONDITIONAL USE PERMIT ? RICHARD SKINN
City Administrator Hedges discussed this item regarding a conditional use permit for outdoor storage, and a
variance of a 40 foot rear yard and 94 foot side yard setback requirement for property located at 4890 Biscayne
Avenue. This item was originally reviewed by Council on December 19, 2006 where it was recommended that the
applicant apply for an interim use permit. The applicant has requested that the City Council re-evaluate the
Conditional Use Permit and Variance application.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for
outdoor storage for property located at 4890 Biscayne Avenue, subject to the following 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, and proof of recording submitted to the City.
2. A six-foot tall wooden privacy fence along the east and south perimeter of the property shall be
installed no later than July 1, 2007.
3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per
the site plan dated October 18, 2006.
4. The outdoor storage of bumpers and related materials to the businesses must be located within the
approved outdoor storage areas.
5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007.
6. All parking and storage areas shall be property maintained to prevent deterioration.
7. Outdoor operations shall be limited to between the hours of 8 a.m. and 10 p.m.
8. The existing lot and the vacated right-of-way shall be replatted into a single parcel.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of a 40 foot rear
yard and 94 foot side yard setback requirement, for outdoor storage on property located at 4890 Biscayne Avenue
in the SE ¼ of Section 36, subject to the following conditions: Aye: 5 Nay: 0
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.
2. The height of the outdoor storage shall be screened via landscaping or the privacy fence on the
property.
YANKEE DOODLE ROAD CORRIDOR/ ACCESS MANAGEMENT STUDY PREFERRED
ALTERNATIVES
City Administrator Hedges introduced this item regarding the Yankee Doodle Road Corridor / Access
Management Study alternatives. It was noted that on December 19, the City Council received comments about the
study analysis from various business and property representatives after a presentation of a summary of the study
and the resulting preferred alternatives. Consideration of the project was continued to this meeting to allow staff
time to meet with Blue Cross Blue Shield and Faithful Shepherd Catholic School. Public Works Director Colbert
provided an update on the study and the meetings held with property owners and noted that the Project
Management Team will need additional time to analyze the refined considerations requested and continue
discussions with property owners.
Representatives of the Promenade, Gopher Resources, Culvers Restaurant, Checker Autoparts Store and Valvoline
expressed their concerns and opinions regarding the preferred alternatives.
Eagan City Council Meeting Minutes
January 16, 2007
Page 7
Councilmember Bakken moved, Councilmember Fields seconded a motion to continue consideration of the
preferred alternatives for each of the three segments for inclusion in the final draft of the Yankee Doodle Road
(CSAH 28) Corridor and Access Management Study to the March 6, 2007, regular Council meeting.
Aye: 5 Nay: 0
HAWTHORNE RIDGE ? EXCEL DEVELOPMENT, LLC
City Administrator Hedges introduced this item regarding the modification to the covenant restrictions for Excel
Development?s Hawthorne Ridge strip retail center located at 525 Diffley Road. He noted that the City Council
heard testimony and discussed altering covenant restrictions to allow a coffee house/sandwich shop on the subject
property at their January 9, 2007 workshop meeting.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a modification, as drafted by
the City Attorney, to the covenant restrictions for Excel Development?s Hawthorne Ridge strip retail center located
at 525 Diffley Road. Aye: 5 Nay: 0
NEW BUSINESS
INTERIM ORDINANCE ? MORATORIUM ON ELECTRONIC SIGNAGE DISPLAYS
City Administrator Hedges discussed the need for a study of electronic signage displays.
Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to conduct a study of
electronic signage displays to be completed by June 19, 2007. The study may be performed through the League of
Minnesota Cities, if the LMC undertakes a joint study. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an interim ordinance to
establish a moratorium to perform a study of internally lighted signs within the City of Eagan. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
The regular Council meeting was recessed at 8:25 p.m. to immediately convene a meeting of the Economic
Development Authority. Aye: 5 Nay: 0
The regular City Council meeting was reconvened at 8:45 p.m.
ADMINISTRATIVE AGENDA
There were no Administrative Agenda items.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:45 p.m.
_______________________________ ___________________________________
Date Administrative Secretary / Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
Eagan City Council Meeting Minutes
January 16, 2007
Page 8
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.