12/18/2007 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
December 18, 2007
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Monday, December 18, 2007 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Also
present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner
Mike Ridley, Public Works Director Tom Colbert; City Attorney Mike Dougherty, and Administrative Secretary /
Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted that a closed session would be held regarding pending litigation.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
A. The Oath of Office was administered to newly appointed Police Officers Nicky Cook and Karin Engen by
Deputy Clerk Mira Pepper.
B. Carolyn Krech was recognized for upcoming retirement after 35 year of service to the City.
CONSENT AGENDA
Councilmember Bakken pulled item E for discussion.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the consent
agenda as presented. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the December 3, 2007 regular City Council
meeting, as presented.
B. Personnel Items.
1. Recognized Life and Accidental Dismemberment Insurance carrier as United Wisconsin Group
2. Recognized Assurant as the new carrier for Long Term Disability Insurance
3. Approved promotion of Steve Gilberg from Water Production Worker to Water Production
Supervisor and authorized replacement of water production worker.
4. Approved replacement of Payroll Specialist position
5. Accepted resignation of Lori Kimball (Parks and Recreation) and settlement agreement
6. Approved employer insurance contributions to medical and dental insurance premiums for non-
union employees
7. Approved hiring of Code Enforcement Technician to be named
C. Check Registers. It was recommended to ratify the check registers dated December 6 and December 13,
2007 as presented.
D. Schedule Workshop. It was recommended to schedule a Special City Council workshop on January 22,
2008.
E. Charter Commission Appointments ? Pulled for Discussion.
F. Pro III Laser. It was recommended to approve acceptance of the Pro III Laser for the Police Department
G. 2008 Enterprise Fund Budgets. It was recommended to approve the proposed 2008 Enterprise Fund
budgets for Public Utilities (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality),
Cascade Bay and the Community Center.
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December 18, 2007
Page 2
H. 2008 Special Revenue Funds Budgets. It was recommended to approve the 2008 Budgets for the
following Special Revenue Funds: Enhance 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI
Forfeiture Fund, Cable TV Franchise Fees Fund.
I. 2008 Eagan Convention & Visitors Bureau Budget. It was recommended to approve the 2008 Eagan
Cnvention & Visitors Bureau (ECVB) budget adopted by the ECVB?s Board.
J. 2008 General Facilities Renewal & Replacement Budget. It was recommended to approve the 2008
General Facilities Renewal & Replacement Budget.
K. 2008-2012 CIP Part II Vehicles and Equipment. It was recommended to apprve Part II (Vehicles and
Equipment) of the 2008-2012 Capital Improvement Program (CIP).
L. Amended and Restated 2008-2009 Joint Powers Cost Share Agreement. It was recommended to approve
amended and restated 2008-2009 Joint Powers Cost Share Agreement for Pictometry International
Corporation General License Terms and Conditions.
M. Liquor License Renewals. It was recommended to approve the renewals of existing liquor license for
2008.
N. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license
and waive the license fee for Faithful Shepherd Catholic School.
O. Tobacco License Renewals. It was recommended to approve the renewal of existing Tobacco Licenses for
2008.
P. Trash Hauler License Renewals. It was recommended to approve the renewal of 2008 Trash Hauler
Licenses.
Q. Tree Contractor License Renewals. It was recommended to approve the renewal of 2008 Tree Contractor
Licenses.
R. Contract with BCBS. It was recommended to approve a contract with Blue Cross Blue Shield to renew
the partnership with the Eagan Community Center to provide fitness classes as part of the Fitness on the
Road Program and authorize the Mayor to sign the appropriate agreements.
S. Advertisement for Request for Proposals. It was recommended to authorize the advertisement for requests
for proposals for concession products to be sold in the various concessions operations operated by Eagan
Parks and Recreation.
T. Corrective Plat. It was recommended to approve a Corrective Plat (Diffley Marketplace Addition)
consisting of one lot located near the intersection of Diffley Road and Lexington Avenue, in the Northwest
¼ of Section 26.
U. Application for CDBG Funding. It was recommended to adopt a resolution authorizing the City
Administrator to submit the Community Development Block Grant (CDBG) Program applications for
2008 to the Dakota County Community Development Agency.
V. Consulting Engineering Contracts. It was recommended to approve Consulting Engineering Contracts for
General Municipal Engineering Services with Bolton & Menk, Inc., Bonestroo, and WSB & Associates,
Inc. and authorize the Mayor and City Clerk to execute all related documents.
W. Contract 06-05. It was recommended to approve the final payment for Contract 06-05 (Blackhawk
Road/Galaxie Avenue & Cliff Road ? Intersection Improvemetns) in the amunt of $38,457.58 to
McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to
warranty provisions.
X. Wetland Delineation ? USPS Bulk Mail Center. It was recommended to receive the Wetland Delineation
Report for the USPS Bulk Mail Center and affirm its approval.
Y. Contract 06-01. It was recommended to approve Work Order Numbers 41-44 and Change Order Number
6 for Contract 06-01, Trunk Highway 149 Reconstruction.
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Z. Project 960. It was recommended to receive the Draft Feasibility Report for Project 960, Brittany 8 ?
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10 Additions (Street Improvements) and schedule a public hearing to be held on January 15, 2008.
AA. Project 961. It was recommended to receive the Draft Feasibility Report for Project 961, Bur Oak Hills
(Street Improvements) and schedule a public hearing to be held on January 15, 2008.
BB. Project 962. It was recommended to receive the Draft Feasibility Report for Project 962, Cliff Drive
(Street Improvements) and schedule a public hearing to be held on January 15, 2008.
CC. Grant Application. It was recommended to authorize the submission of the grant application to the
Metropolitan Regional Arts Council.
DD. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy
Establishment License for Li Li to operate New Star Massage at 3906 Cedar Grove Parkway.
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December 18, 2007
Page 3
EE. Donation. It was recommended to accept a donation of $1,000 from Dakota Center for the Arts and to
accept a donation of a new kiln for the Eagan Art House pottery studio.
FF. Amendment to Minutes. It was recommended to approve an amendment to page two of the September 18,
2007 City Council Minutes regarding conditions for the Planned Development Amendment for Potbelly
Sandwich Works.
Item E. Appointment of two members to the Charter Commission.
Motion was made by Councilmember Carlson, seconded by Councilmember Bakken to continue
consideration of the appointment of two members to the Charter Commission pending decision at a
hearing to be held December 28. Aye: 4 Nay: 1 (Tilley opposed)
PUBLIC HEARINGS
2008 FEE SCHEDULE
City Administrator discussed this item regarding the proposed 2008 Fee Schedule.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution approving the 2008
Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0
2007 (PAYABLE 2008) PROPERTY TAX LEVY
City Administrator Hedges discussed the 2007 property tax levy. It was noted that the City held a Truth-in-
Taxation public hearing on December 4.
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 the proposed 2007 (payable
2008) property tax levy as follows: Aye: 5 Nay: 0
General Revenue:
General Fund $ 19,695,900
2007 Charter election costs 35,600
Equipment Revolving Fund 950,712
Gen Facilities R/R Fund 460,334
Major Street Fund 2,310,203
Subtotal General Revenue 23,452,749
Debt service:
Community Center bonds 1,199,363
Total City-wide Levy $ 24,652,112
Cedarvale Special Services Dist. $ 3,000
PROPOSED 2008 GENERAL FUND BUDGET
City Administrator Hedges discussed the proposed 2008 General Fund budget. It was noted that the City held a
Truth-in-Taxation public hearing on December 3 to consider the 2008 General Fund budget and the payable 2008
property tax levy.
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December 18, 2007
Page 4
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the proposed 2008 General
Fund budget. Aye: 5 Nay: 0
PROPOSED 2008 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET
City Administrator Hedges discussed proposed Special Services District Budget. He noted that this budget has also
been discussed at the Truth in Taxation hearing held on December 3.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the 2008 Cedarvale Special
Services District Budget. Aye: 5 Nay: 0
VARIANCE ? WENZEL FINANCIAL
City Administrator Hedges introduced this item regarding a requested variance to the 20? parking setback from a
public right of way for accessible parking stalls located at 1364 High Site Drive (Glen Pond Apartments). City
Planner Ridley gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned
discussion back to the Council.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Variance to the 20?
parking setback from a public right of way for accessible parking stalls located at 1364 High Site Drive (Glen Pond
nd
Apartments), legally described as Lot 1, Block 1, Effress 2 Addition in the SW ¼ of Section 10 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 requested 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. An additional outdoor light shall be installed for security and safety. Such lighting shall meet City
Code standards.
PROJECTS 953, 954, 955, 956, 957, 958, AND 959 STREET IMPROVEMENTS
City Administrator Hedges and Public Works Director Colbert provided a general overview of the 2008 Street
Revitalization Program which includes Projects 953 through 959.
PROJECT 953, CEDAR GROVE NO. 1 & 2 STREET IMPROVEMENTS
Assistant City Engineer John Gorder gave a staff report regarding the Cedar Grove No. 1 and 2 street
improvements.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmembers held a discussion.
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December 18, 2007
Page 5
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 953 (Cedar Grove No.
1 & 2 Street Improvements and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 954, GLORY DRIVE / CEDAR RIDGE CIRCLE STREET IMPROVEMENTS
Assistant City Engineer Gorder gave a staff report regarding the Glory Ridge Drive / Cedar Ridge Circle street
improvements.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned
discussion back to the Council.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 954 (Glory Ridge
Drive / Cedar Ridge Circle ? Street Improvements) and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
PROJECT 955, SAFARI ESTATES STREET IMPROVEMENTS
Assistant City Engineer Gorder gave a staff report regarding street improvements for Safari Estates.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned
discussion back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 955 (Safari Estates)
Street Improvement and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 956, BRIAR HILLS STREET IMPROVEMENTS
Assistant City Engineer Gorder gave a staff report regarding street improvements for Briar Hills.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned
discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 956 (Briar Hills ?
Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 958, TOWERVIEW ROAD (WEST OF PILOT KNOB ROAD) STREET IMPROVEMENTS
Assistant City Engineer Gorder gave a staff report regarding street improvements on Towerview Road, west of
Pilot Knob Road.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned
discussion back to the Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 958 (Towerview
Road ? West of Pilot Knob Road Street Improvements) and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
PROJECT 959, EDEN ADDITION STREET IMPROVEMENTS
Assistant City Engineer Gorder gave a staff report regarding street improvements for Eden Addition.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
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December 18, 2007
Page 6
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 959 (Eden Addition
? Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
OLD BUSINESS
There were no old business items
.
NEW BUSINESS
PROPOSED 2008 BURNSVILLE / EAGAN TELECOMMUNICATIONS COMMISSION AND
BURNSVILLE/EAGAN COMMUNITY TELEVISION BUDGETS
City Administrator Hedges introduced this item regarding the proposed 2008 budgets for Burnsville / Eagan
Telecommunications Commission and Burnsville/Eagan Community Television. The Council held a discussion
with Communications Director Garrison answering questions. It was the consensus of the Council to continue
consideration of the proposed budget pending additional information regarding an increase in personnel costs.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to continue consideration of the
proposed 2008 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan
Community Television (BECT) until the January 3, 2008 Council meeting to allow time for additional information
regarding personnel costs to be provided. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no updates.
ADMINISTRATIVE AGENDA
There were no items on the Administrative Agenda.
VISITORS TO BE HEARD
Dee Richards, Chair of the Eagan Charter Commission commented on the current status of the Charter
Commission and relationship between the Commission and the City Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 8:45 p.m.
_______________________________ ___________________________________
Date Administrative Secretary / Deputy City Clerk
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
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