11/15/2005 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 15, 2005
A Listening Session was held November 15, 2005 at 6:00 p.m. prior to the regular City Council meeting. All
members of the City Council except Councilmember Carlson were present. Ruthie Batulis, President of the
Northern Dakota County Chambers of Commerce and Jim Moeller, a member of the Technology Working Group,
noted that they could not be present later in the evening for an item to come up on the Administrative Agenda, but
offered comments in favor of Eagan using the same consultant as the City of Burnsville to save money on a conduit
and fiber analysis which is part of the work plan for the Technology Working Group.
A regular meeting of the Eagan City Council was held on November 15, 2005 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Maguire and Carlson. 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 item A under New Business regarding a Settlement Agreement with
Wensmann Realty, Inc. and Rahn Family LLP vs. Eagan is being continued to a special meeting on November 29,
2005 at 5:30 p.m.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as amended.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
STANDARD & POORS CREDIT RATING UPGRADE TO AA+
City Administrator Hedges stated that the formal presentation regarding the credit rating upgrade will be made by
Dave MacGillivray of Springsted at the December 5, 2005 Council meeting. He briefly discussed the upgrade.
EAGAN CONVENTION AND VISITORS BUREAU MARKET PLAN AND 2006 BUDGET
Communications Director Garrison introduced ECVB Interim Director Dick Haskett who provided an overview of
the proposed Market Plan and Budget.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Eagan Convention and
Visitors Bureau 2006 Budget. Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the consent agenda as
presented. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the November 1, 2005 regular City Council
.
meeting and the October 11, 2005 special City Council meeting as presented
B. Personnel Items.
1. It was recommended to approve the hiring of Peggy Hohag as a part-time guest services
representative at the Community Center.
C. Check Registers. It was recommended to ratify the check registers dated November 3, 2005 and
November 10, 2005 as presented.
D. Funding Application. It was recommended to approve submission of the 2006 funding application to
Dakota County to operate a recycling program for the cities of Eagan, Burnsville and Apple Valley
(jointly, Dakota Valley Recycling).
Eagan City Council Meeting Minutes
November 15, 2005
Page 2
E. Liquor Licenses Renewals. It was recommended to approve the renewals of existing liquor licenses for
2006, subject to review of applications, payment of fees and Police Department reviews.
F. Tobacco License. It was recommended to a Tobacco License for Croix Oil Company (Croix Convenience
Store), 1424 Yankee Doodle Road.
G. Tobacco License Renewals. It was recommended to approve the renewal of existing tobacco licenses for
2006 subject to payment of fees and review by staff.
H. Trash Hauler License Renewals. It was recommended to approve the renewal of existing trash hauler
licenses for 2006 subject to payment of fees and review by staff.
I. Pet Shop and Kennel License Renewals. IT was recommended to approve the renewal of existing pet shop
and kennel licenses for 2006 subject to payment of fees and review by staff.
J. Tree Contractor License Renewals. It was recommended to approve the renewal of existing tree
contractor licenses for 2006 subject to payment of fees and review by staff.
K. Fee for Carrier Pigeons. It was recommended to set a fee of $50 for a permit to harbor carrier / homing /
racing pigeons.
L. Central Park Pond. It was recommended to authorize that the Central Park pond no longer be designated
as a winter outdoor skating site.
M. Heart Healthy Living Program. It was recommended to approve the renewal of a contract with Heart
Healthy Living, P.A. for 2006 to provide cardiac rehabilitation maintenance program services at the
Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document.
N. Holiday Hours. It was recommended to approve the proposed 2006 hours of operation for the Eagan
Community Center.
O. Membership Promotion. It was recommended to approve the proposed January fitness promotion for the
Eagan Community Center.
P. Cascade Bay Hours of Operation. It was recommended to approve the proposed modification of hours at
Cascade Bay for the 2006 season to include the following:
?
Periodic Thursdays: 11:00 a.m. ? 5:00 p.m.
To allow for expanded private rental opportunities. Dates will be specifically defined in time for
season pass sales and 2006 marketing.
?
Periodic Sundays: 11:00 a.m. ? 8:30 p.m.
When a Thursday private rental closes the park at 5:00 p.m., the park will remain open the
following Sunday. Other Sundays will continue to be available for private rental.
Q. Donation. It was recommended to approve the donation of three Scotch pine trees from Richard
Grundman, which have been requested to be placed within George Ohmann Park.
R. Contribution. It was recommended to accept the contribution of $500 from the Eagan Teen Advisory
Board (ETAB) fundraising campaign for designation to the Oasis Teen Center.
S. 20/20 Vision Plan. It was recommended to accept the 20/20 Vision for Parks, Recreation and Open Space
document as a guide for the City of Eagan?s future planning, discussion and policy consideration during
the next 15 years.
T. Final Plat. It was recommended to approve a Final Plat (Murphy Larsen Estates) of approximately .98
acres to create a single family lot located at 4261 South Robert Trail in the NE ¼ of Section 25.
nd
U. Final Subdivision. It was recommended to approve a Final Subdivision (Nicols Ridge 2 Addition) for
phase II and Final Planned Development to create 16 lots and 1 outlot (4 buildings 4 units each) for
property in the SW ¼ of Section 19 south of Cedarvale Mall.
V. Business Assistance Policy and Public Financing Assistance Policy. It was recommended to refer
consideration of an update of the City?s Business Assistance Policy and Public Financing Policies to the
Council Finance Committee.
W. Contract 05-06. It was recommended to approve the final payment for Contract 05-06 (I-35E Crossing /
Pearlmont Heights / Quarry Park ? Trunk Water Main Improvements) in the amount of $11,404.30 to
Veit and Company, Inc. and accept the improvements for perpetual City maintenance subject to warranty
provisions.
X. Contract 05-01. It was recommended to approve the final payment for Contract 05-01 (Citywide ? Street
Overlay Improvements) in the amount of $81,005.31 to Northwest Asphalt, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
Eagan City Council Meeting Minutes
November 15, 2005
Page 3
Y. Development Acceptance and Maintenance Authorization. It was recommended to acknowledge the
completion of the following Development Agreement public improvements and authorize perpetual City
maintenance subject to warranty provisions.
Z. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement with the City of St.
Paul.
AA. Nicols Ridge Addition. It was recommended to approve the extension of the development contract for
Nicols Ridge Addition (City Project No. 03-N) and authorize the Mayor and Deputy City Clerk to execute
all related documents.
BB. NPDES Phase II, MS4 General Permit. It was recommended to approve a resolution withdrawing the
05-60
City?s request for a contested case hearing with the Minnesota Pollution Control Agency (MPCA) on the
proposed revised MS4 General Permit and authorize the City staff to send a letter to the MPCA
supporting the proposed permit revisions with the Mayor?s signature.
CC. Project 888. It was recommended to receive the Draft Feasibility Report for Project 888 (Cedar Grove
Parkway ? Trail and Lighting Improvements) and schedule a public hearing to be held on December 20,
2005.
DD. Project 931. It was recommended to receive the Draft Feasibility Report for Project 931 (Art Rahn /
Hillandale / Meadowlark Road ? Street Improvements) and schedule a public hearing to be held on
December 20, 2005.
EE. Project 932. It was recommended to receive the Draft Feasibility Report for Project 932 (Slater Road. /
Whispering Woods / Slater Acres ? Street Improvements) and schedule a pubic hearing to be held on
December 20, 2005.
FF. Project 800R. It was recommended to approve an Easement Agreement for Project 800R (Cedar Grove
Redevelopment Area ? Street Improvements) with the owner of Parcel No. 10-19600-010-01 and
authorize the Mayor and City Clerk to execute all related documents.
PUBLIC HEARINGS
LOT 1, BLOCK 2, KENNERICK ADDITION
EASEMENT VACATION
City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement
rd
within Lot 1, Block 2, Kennerick Addition, and if approved the Final Plat of Kennerick 3 Addition. Public
Works Director Colbert gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the pubic hearing and turned
discussion back to the Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve vacating the public drainage
and utility easements within Lot 1, Block 2, Kennerick Addition. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Final Plat (Kennerick
05-61
rd
3 Addition) to create two lots on approximately 0.92 acres located northwest of Pilot Knob Road and Lone Oak
Road in the SE ¼ of Section 4. Aye: 5 Nay: 0
ND
LOT 2, BLOCK 3, THE OAKS OF BRIDGEWATER 2 ADDITION
EASEMENT VACATION
City Administrator Hedges introduced this item regarding the vacation of a portion of the public drainage and
nd
utility easements within Lot 2, Block 3 The Oaks of Bridgewater 2 Addition. Public Works Director Colbert
gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Eagan City Council Meeting Minutes
November 15, 2005
Page 4
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of
nd
the public drainage and utility easements within Lot 2, Block 3, The Oaks of Bridgewater 2 Addition. Aye: 5
Nay: 0
OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT ? PASTER ENTERPRISES, INC.
City Administrator Hedges introduced this item regarding a proposed Comprehensive Guide Plan amendment to
change the land use designation on property located north of Yankee Doodle Road and west of Central Parkway.
City Planner Ridley explained that this item was continued from the June 21, 2005 City Council meeting. He
stated the applicant has submitted a letter updating the Council on their progress with regard to the development,
coordinating development with the adjacent property to the east, securing anchor tenants for the retail center,
preparing a traffic study, and the preparation of Preliminary Subdivision and Preliminary Planned Development
application submittals. He further stated that Paster Enterprises needs additional time to prepare the detailed plans
and architectural guidelines necessary for the Preliminary Planned Development and Preliminary Subdivisions
submittals and to recruit specific retailers for the development. Mr. Ridley recommended that Council consider
continuing this request to the June 20, 2006 meeting.
Discussion was held regarding the continuance date and the applicant agreed to extend the review deadline to
August 15, 2006, however he stated he is hopeful the application will be submitted to Council earlier in the year.
Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration of a
Comprehensive Guide Plan Amendment to change the land use designation from special Area ? Office / Service, to
Special Area ? Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of
Central Parkway in the SE ¼ of Section 9 to the June 20, 2006 City Council meeting. Aye: 5 Nay: 0
CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL
ATTRACTA SIGN (JOHN DEERE)
City Administrator Hedges discussed this item regarding the Findings of Fact, Conclusions and Resolution of
Denial to allow two monument signs for one building at 2955 Lone Oak Drive. The proposed signage request was
discussed at the November 1, 2005 Council meeting. City Planner Ridley stated that the applicant had
misunderstood the date of the last meeting and was not present. He requested that he be permitted to make a
presentation, which the Council agreed to hear. After discussion, it was the consensus of the Council to deny the
st
request as decided at the November 1 meeting.
Councilmember Carlson moved, Councilmember Fields seconded a motion to confirm the Findings of Fact,
05-62
Conclusions and Resolution of Denial of the Planned Development Amendment request of Attracta Sign, on behalf
of John Deere, to allow two monument signs for one building at 2955 Lone Oak Drive, legally described as Lot 1,
th
Block 1, Blue Ridge 5 Addition. Aye: 5 Nay: 0
OLD BUSINESS
DIFFLEY MARKET PLACE ? CIRCULATION AND ACCESS
City Administrator Hedges introduced this item regarding County Plat Commission review and denial of the
preliminary plat and related site plan based on issues associated with the internal circulation, access to Diffley
Road and Daniel Drive. Public Works Director Colbert discussed the options available to pursue a resolution for
the required approval by the County. Council discussed various options and concurred that this issue be referred
Eagan City Council Meeting Minutes
November 15, 2005
Page 5
to the Public Works Committee for review and recommendation. Two residents representing the surrounding
neighborhood spoke indicating their desire to keep the Daniel Drive connection closed.
Councilmember Carlson moved, Councilmember Fields seconded a motion to refer the Diffley Market Place
circulation and access issue to the Public Works Committee for review and recommendation at their meeting on
December 20, 2005. Aye: 5 Nay: 0
NEW BUSINESS
CONSIDER APPROVAL OF SETTLEMENT AGREEMENT
WENSMANN REALTY, INC. AND RAHN FAMILY LLP VS. EAGAN
This item was continued during the adoption of the agenda to November 29, 2005.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges noted the upcoming meeting of the Association of Metropolitan Municipalities
.
ADMINISTRATIVE AGENDA
City Administrator Hedges announced that there will be an Executive Session to discuss pending litigation
regarding Cascade Bay, the Wennsmann and Rahn vs. Eagan issue, and the City?s emergency plan.
11.5 Mile Conduit Business Plan Analysis
City Administrator Hedges briefly discussed a business plan for the proposed construction and installation of the
11.5 miles of conduit. Communications Director Garrison stated that a consultant, Dynamic Cities, that is
currently working with Burnsville, has offered to prepare a business plan for Eagan?s 11.5 miles of conduit route
for approximately half of what other experts suggested the business plan analysis would cost.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Dynamic Cities to prepare a
business plan for Eagan?s 11.5 miles of conduit. Aye: 5 Nay: 0
Contract 03-09, Change Order #13 (water Treatment Plant Expansion
Public Works Director Colbert discussed Change Order #13 to Contract 03-09 (Water Treatment Plan Expansion).
He stated that this contract was awarded in July of 2003 and the construction has been certified as complete except
for minor punch list and warranty items. This final change order addresses all unresolved issues that arose during
the progress of the contract.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Change Order #13 to
Contract 03-09 (Water Treatment Plant Expansion) as revised by the Public Works Department and authorize the
Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
The City Council meeting was recessed at 8:00 p.m. to immediately convene a meeting of the Economic
Development Commission.
The regular City Council meeting was reconvened at 8:05 p.m.
Eagan City Council Meeting Minutes
November 15, 2005
Page 6
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council at
8:05 p.m. Aye: 5 Nay: 0
_____________________________ ___________________________________
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).
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.