06/07/2005 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 7, 2005
A Listening Session was held June 7, 2005 at 6:00 p.m. prior to the regular City Council meeting. Rebecca
Guthrie, massage therapist teacher, requested the Council consider allowing massage therapist to conduct business
out of their homes. Council directed staff to place the item on a future workshop agenda. Terry Timmons
discussed property on the corner of Highway 3 and Diffley Road. He expressed concern that he and his neighbors
had not been notified about an easement vacation and landscape permit granted on the property. He requested that
the City require the developer to install a double decked row of pine trees to block the backside view of a business
and trash enclosure on the business property or on the adjacent pond area. Council directed staff to review the
matter and provide follow-up information to Mr. Timmons and Council. Paul Bakken 697, Oxford Road, stated he
was representing his neighborhood in regard to traffic concerns in the area.
A regular meeting of the Eagan City Council was held on June 7, 2005 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson and Maguire. Also present were
City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley,
Public Works Director Tom Colbert, City Attorney Mike Daugherty and Administrative Secretary / Deputy Clerk
Mira Pepper.
AGENDA
It was noted that item B of New Business relating to a conditional use permit for First Industrial would be
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continued to the July 5 City Council meeting.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as modified.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
RETIREMENT OF KEN SOUTHORN
Ken Southorn was recognized for his service to the City of Eagan as an employee in the City?s Police Department
from 1996-2005, and for his 22 years as a member of the Eagan Volunteer Fire Department from 1972-1994,
which includes 6 years as Eagan?s Fire Chief from 1986 ? 1992.
2005 APPRENTICE FIREFIGHTER RECOGNITION AND INTRODUCTION TO COUNCIL
Fire Chief Bob Kriha introduced the 2005 Apprentice Firefighters.
2004 COMPREHENSIVE ANNUAL FINANCIAL REPORT
City Administrator Hedges introduced this item regarding the 2004 Comprehensive Annual Financial Report. A
presentation was made by Matt Mayer of Kern, DeWenter, Viere, Ltd. Discussion was held between Council, Mr.
Mayer and staff.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to receive and accept the 2004
Comprehensive Annual Financial Report. Aye: 5 Nay: 0
CONSENT AGENDA
Consent items G, M, N and Q were pulled from the Consent Agenda for discussion.
A. Minutes. It was recommended to approve the minutes of the May 17, 2005 regular City Council meeting
and the May 10, 2005 special City Council workshop as presented.
B. Personnel Items.
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June 7, 2005
Page 2
1. It was recommended to approve the hiring of Jennifer Hildebrandt as a Clerical Tech III in the
Community Development Department.
2. It was recommended to approve the hiring of Lindsey Mathwig and Brandon Barnes as
Engineering Interns.
3. It was recommended to approve the hiring of Catherine Ayres, Nathan Cermak, Alec Graham,
Kelly Therkelsen and David Tripp as seasonal utilities maintenance workers.
4. It was recommended to approve the hiring of Travis Hibbard, Samuel Tripp and Josh Tripp as
seasonal streets maintenance workers.
5. It was recommended to approve the hiring of Christopher Hoffman, Tyler VonDeLinde, Brian
Hopkins, Jason Ehller, Michael Hipkis, Scott Hoium, David Guenther, Cassy Lenz, Breanna
Borash, Brian Polkowski, David Streefland, Elyse Chell, Jacob Nicklay, Jessye Stock, Tricia
Nutter, Jacob Loesch, Robert Rausch, Ryan Neumann, Tammy Sullivan, Kathryn Love, Luke
Selby, Johanna Grosse, Kevin Stevensen, Andrew Koppang, Frank Locer, Richard LeMay,
Robert Downs, Andrew Lee, Allen Wachter, Joseph Redfield and Geoff Cleveland as seasonal
parks maintenance workers.
6. It was recommended to accept the resignation of Amanda Lukkes, 9-1-1 Dispatcher.
C. Check Registers. It was recommended to ratify the check registers dated May 19, 2005, May 26, 2005,
and June 2, 2005 as presented.
D. Appointment. It was recommended to appoint the City Administrator to the Cedar Corridor
Transportation Infrastructure Group.
E. Exempt Permit. It was recommended to adopt a Resolution Approving Exempt Permit for Experimental
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Aircraft Association Chapter 25 to hold a raffle on October 9, 2005 at the Eagan Community Center.
F. Lawful Gambling License Renewal. It was recommended to adopt a Resolution Approving Lawful
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Gambling License renewal for Eagan Hockey Association to conduct a pull-tab operation at the Cherokee
Sirloin Room.
G. (Pulled for Discussion) Donation. Councilmember Maguire recognized Cub Scout Pack 104 for their
donation of $150 for the purchase of a tree.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a
resolution accepting a $150 donation from Eagan Cub Scout Pack 104 for purchase of a tree
installed at Lexington Diffley Athletic Fields as part of the 2005 Arbor Day program.
Aye: 5 Nay: 0
H. 5 Year Capital Improvement Plan. It was recommended to approve the 5-year Capital Improvement Plan
for 2006-2010 and authorize the initiation of the public improvement process for the 2006 programmed
improvements.
I. Winter Trail Maintenance Program. It was recommended to approve the Winter Trail Maintenance
Program for 2005-2006.
J. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility
easements and schedule a public hearing to be held on July 5, 2005.
K. Project 922. It was recommended to receive the draft feasibility report for Project 922 (Lone Oak Drive /
Lone Oak Parkway (Waters Area ? Sidewalk Improvements) and schedule a public hearing to be held on
July 5, 2005.
L. Contract 04-04. It was recommended to approve Change Order No. 2 to Contract 04-04 (Lexington
Avenue, Lone Oak Road to TH 55 ? Street and Trail Improvements) and authorize the Mayor and City
Clerk to execute all related documents.
M. (Pulled for Discussion). Change Order #2 to Contract #05-05, Cascade Bay Pool Repairs.
Parks and Recreation Office Supervisor Mesko discussed the special hours of operation for Cascade Bay
due to repairs to the pool.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Change
Order #2 to Contract #05-05, Cascade Bay Pool Repairs in the amount of $53,384.
N. (Pulled for Discussion). Request for Proposals for the Water Quality Management Plan Update.
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June 7, 2005
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City Administrator Hedges reviewed the discussion held by the Public Works Committee meeting prior to
the regular City Council meeting.
Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to
advertise for Request for Proposals for the Water Quality Management Plan Update subject to the
addition of review by the Public Works Committee under Compliance Considerations.
Aye: 5 Nay: 0
O. Final Subdivision. It was recommended to approve a Final Subdivision, Sweet Place, to create eight lots
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on approximately 5.75 acres located at 4725 S. Robert Trail in the NE ¼ of Section 36.
P. Final Financing Package ? Eagan Community Center. It was recommended to approve the final financing
package for the Eagan Community Center and related improvements and authorize fund transfers.
Q. (Pulled for Discussion) Baseline Noise Study. Assistant to the City Administrator Dianne Miller provided
an update on the proposed baseline noise study.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a contract
with Wyle Laboratories to conduct a baseline noise study in advance of the opening of Runway
17/35 subject to City Attorney satisfaction. Aye: 5 Nay: 0
R. Final Plat. It was recommended to approve a Final Plat (McDonald?s Addition) to create one lot on 05-34
approximately 1.24 acres upon property located at 1995 Silver Bell Road in the SW ¼ of Section 17.
S. Picnic Shelter. It was recommended to authorize staff to proceed with the installation of a 24? picnic
shelter at Wescott Commons as part of the 2005 Parks CIP.
T. 2005-2006 Massage Therapy Establishment License Renewals. It was recommended to approve license
renewals for existing massage therapy establishments subject to submittal of all application material,
payment of fees, and review by staff.
U. 2005-2006 Amusement Device License Renewals. It was recommended to approve license renewals for
existing Amusement Device Licenses subject to submittal of all application material, payment of fees, and
review by staff.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the balance of the Consent
Agenda. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT ? SUE AND JOHN KORTH
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to exceed the
maximum 25% impervious surface requirement by 7% for an in-ground pool for property located at 3848 Big
Timber Trail. City Planner Ridley gave a staff report.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to
exceed the maximum 25% impervious surface requirement by 7% to allow for an in-ground pool for property
located at 3848 Big Timber Trail, 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.
2. The impervious surface can not exceed 32%.
3. The applicant shall install and maintain a drain tile system, in a manner acceptable to the City
Engineer, to direct the drainage to the nearby drainage pond.
CONDITIONAL USE PERMIT ? FIRST INDUSTRIAL
This item was continued during approval of the agenda to the July 5, 2005 Council meeting.
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June 7, 2005
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RESPONSIBLE GOVERNMENT UNIT ? GREAT RIVER ENERGY
City Administrator Hedges introduced this item regarding a transmission line upgrade by Great River Energy and
Dakota Electric Association and consideration of the City becoming the responsible government unit. City Planner
Ridley gave a staff report.
Dale Aukee, representing Great River Energy and Craig Knudson of Dakota Electric discussed the transmission
line upgrade with the Council.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Eagan as the Responsible
Government Unit for an upgrade to transmission lines in Central Eagan subject to the applicant reimbursing the
City for all expenses associated with the application, including staff time, attorneys? fees and charges for any
outside consultants. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
CHANGE TO JULY 12 SPECIAL CITY COUNCIL WORK SESSION DATE
City Administrator Hedges discussed the July 12 special council meeting stating that one of the main topics to be
considered is the findings of the North East Eagan Study Committee, however, the City?s consultant, Rusty Fifield
will be unable to attend the meeting on that day.
Councilmember Fields moved, Councilmember Tilley seconded a motion to change the July 12 Special City
Council workshop date to July 7, 2005 for the NE Eagan Task Force presentation. Aye: 5 Nay: 0
EAGAN CHARTER COMMISSION REQUEST FOR PAYMENT OF LEGAL SERVICES INVOICE
City Administrator Hedges discussed a $200 invoice received by the City for legal services incurred by the Eagan
Charter Commission resulting from the legal action, Thomas King, Petitioner vs. Eagan Charter Commission,
Respondent. Discussion was also held regarding the Charter Commission?s request for the $1,500 advance for
2005, which has not been processed due to lack of resolution of an issue surrounding the $958.16 spent for
production and distribution of the charter question election material. Betty Fedde and Rob Kane, representing the
Charter Commission were present.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to release $1500 to the Charter
Commission via invoicing as necessary. Aye: Maguire, Tilley Nay: Geagan, Fields, Carlson
Motion failed.
Mayor Geagan moved, Councilmember Fields seconded a motion to deny payment of the $200 invoice to pay for
legal services incurred by the Charter Commission resulting from legal action. Aye: Geagan, Fields, Carlson
Nay: Tilley, Maguire
Mayor Geagan moved, Councilmember Tilley seconded a motion to set aside $541.84 for the Charter Commission
to be paid out through invoicing. Aye: 4 Nay: 1 (Fields opposed)
Councilmember Carlson moved, Councilmember Fields seconded a motion to accept and recognize the opinion of
special Counsel Jack Clinton in regard to the expense for a brochure from the Charter Commission entitled
?Eagan Charter Local Self-Government?. Aye: Geagan, Carlson, Fields Nay: Maguire, Tilley
REDEVELOPMENT DISTRICT UPDATE
Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts.
NEW RUNWAY / AIRPORT UPDATE
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June 7, 2005
Page 5
Assistant to the City Administrator Dianne Miller provided a written update on the new runway / airport issues.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to recess the regular Council meeting
and convene a closed session at 8:05 p.m.. Aye: 5 Nay: 0
The regular meeting was reconvened at 8:10 p.m.
Motion was made by Maguire, seconded by Tilley to require the petitioner to post $500 with the City pending the
petition appeal regarding the Steeplechase Wetland Replacement Plan. Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the regular City Council
meeting at 8:15 p.m. Aye: 5 Nay: 0
_____________________________ ___________________________________
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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