10/17/2006 - City Council Regular (2)
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 17, 2006
A Listening Session was held January 17,2006 at 6:00 p.m. prior to the regular City Council meeting. Mayor
Geagan and Councilmembers Tilley, Maguire, Carlson and Fields were present. Several residents were present
representing the Eagle Crest Drive neighborhood. Brenda Zirbel, speaking for the group, requested Council
consider an ordinance amendment in regard to parking on residential streets. She explained that due to a neighbor's
car that gets parked in various locations on the street, problems occur when snowplows come through. The issue was
referred to the Public Works Committee for review.
A regular meeting of the Eagan City Council was held on January 17,2006 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Councilmember 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 Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira
Pepper.
AGENDA
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Brian Howard, representing Faithful Shepherd School, acknowledged Councilmembers Carlson and Fields for all
their support and involvement in the school's Fall fund raising event.
CONSENT AGENDA
City Administrator Hedges requested that consideration of a tree contractor license be added as Item V.
Item U was briefly discussed and modified to include a fee schedule for 2006.
Councilmember Tilley moved, Councilmember Maguire 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 3,2006 regular City Council meeting
and the January 10, 2006 special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of two police officers contingent upon successful
completion of physical, drug and psychological testing.
2. It was recommended to approve the promotion of Officer Jenni Ruby to Sergeant.
3. It was recommended to approve the hiring of Dawn Peterson as a part-time guest services
representative at the Community Center.
C. Check Registers. It was recommended to ratify the check registers dated January 5, 2006 and January 12,
2006 as presented.
D. 2005 General Fund Budget Adjustments. It was recommended to approve the 2005 General Fund Budget
adjustments related to the baseline noise study, Dakota County Communications Center start-up costs,
contributions received by the City's Fire Department, a reallocation of expenditures within the Human
Resources Department, and the NE Eagan land use studies.
E. Amendment to Fee Schedule. It was recommended to approve an amendment to the 2006 Fee Schedule
adding various parks facility fees.
F. Premise Permit Renewal. It was recommended to approve a Premise Permit Renewal for Eagan Lions Club
to conduct a pull-tab operation on Cedarvale Lanes premises, 3883 Cedar Grove Parkway.
G. Liquor License Name Change. It was recommended to approve a name change on the liquor license for
Jesimo, Inc. from Eagan Steak House, located at 1448 Yankee Doodle Road, to Steakbones Grill.
H. Final Subdivision. It was recommended to approve a final subdivision to create two lots (Esmeralda
Addition) of 0.62 acres for property located at Lot 1, Block 1, Pilot Knob Heights Fourth in the SW 1;4 of
Section 1.
06-02
06-03
Eagan City Council Meeting Minutes
January 17,2006
Page 2
1. Extension for Recording Final Plat. It was recommended to approve a 60 day extension of time to record
the final plat for Kennerick 3rd Addition, located west of Pilot Knob Road and north of Lone Oak Road in
the SE 1;4 of Section 4.
J. Contract 05-02. It was recommended to approve the final payment for Contract 05-02 (Citywide-Street
Overlay Improvements) in the amount of$36,807.57 to McNamara Contracting, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
K. Proiect 928. It was recommended to receive the Draft Feasibility Report for Project 928 (Meadowview
Road / Alexander Road - Street Improvements) and schedule a public hearing to be held on February 21,
2006.
L. Proiect 930. It was recommended to receive the Draft Feasibility Report for Project 930 (Silver Bell Road
- Street Revitalization) and schedule a public hearing to be held on February 21, 2006.
M. Dakota County. Sentence to Service Proiect. It was recommended to approve the renewal ofa one year
contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor
and City Clerk to execute the appropriate documents.
N. DNR Outdoor Recreation Grant. It was recommended to authorize the preparation of a DNR Outdoor
Recreation Grant Application for improvements to Thresher Fields Park and direct the Advisory Parks and
Recreation Commission to conduct the required Public Hearing at their regular meeting of February 16,
2006.
O. Local Collaborative Grant Application. It was recommended to authorize the preparation of a Local
Collaborative Grant application to Independent School District 196's Family Services Collaborative for
outreach programming opportunities.
P. Amendment to Park Dedication Use Agreement. It was recommended to approve an amendment to the
original Park Dedication and Use Agreement between the City and Faithful Shepherd School and authorize
the Mayor and City Clerk to sign the appropriate documents.
Q. Storm Water Management Plan Update. It was recommended to approve the update to the Stormwater
Management Plan for the City of Eagan dated December, 2005.
R. Renewal of Contract with Lifeworks. It was recommended to approve the renewal of a one year contract
with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings,
and authorize the Mayor and City Clerk to execute the appropriate documents.
S. Amendment to Gun Club Lake Watershed Management Joint Powers Agreement. It was recommended to
approve an amendment to the Gun Club Lake Watershed Management Organization joint powers agreement
to permit staggered terms for members appointed to the Gun Club Lake Board.
T. 2006 Parks and Recreation CIP. It was recommended to approve the 2006 Parks and Recreation CIP as
presented.
U. Concept for Miniature Golf Amenitv. It was recommended to approve the concept for a miniature golf
amenity to be incorporated into Cascade Bay and authorize staff to proceed with the plan to have it
implemented for the 2006 season; including a fee schedule for 2006.
V. Tree Contractor License. It was recommended to approve a tree contractor license for Central Applicators,
Inc.
PUBLIC HEARINGS
LOT 2, BLOCK 1, CLIFF LAKE CENTRE 3RD ADDITION
EASEMENT V ACA TION
City Administrator Hedges introduced this item regarding an easement vacation for Lot 2, Block 1, Cliff Lake Centre
3rd Addition. Public Works Director Colbert noted that prior to publication of the public hearing notice an error was
discovered in the legal description. The applicant was made aware of the error and directed to correct the
description prior to the hearing notice being published. Due to the applicant not providing the corrected legal
description, the vacation was not published in the legal paper.
Councilmember Tilley moved, Councilmember Fields seconded a motion to acknowledge the procedural error and
remove from further consideration the vacation of a portion of a public drainage and utility easement within Lot 2,
Block 1, Cliff Lake Centre 3rd Addition. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
January 17,2006
Page 3
PROJECT 888, CEDAR GROVE PARKWAY TRAIL AND LIGHTING IMPROVEMENTS
City Administrator Hedges introduced this item regarding Trail and Lighting Improvements for Cedar Grove
Parkway. Traffic Engineer Plath gave a staff report.
Steve Grohoski, US Homes, acknowledged an agreement made with the Economic Development Authority.
Mayor Geagan 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 Project 888 (Cedar Grove
Parkway - Trail and Lighting Improvements) and authorize the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
PROJECT 933, TOWN CENTRE DRIVE / O'LEARY LANE/ GOLFVIEW DRIVE / YANKEE PLACE
STREET REVIT ALIZA TION
City Administrator Hedges introduced this item regarding street revitalization for Town Centre Drive / O'Leary Lane
/ Golfview Drive / Yankee Place. City Engineer Matthys 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.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 933 (Town Centre
Drive / O'Leary Lane / Golfview Drive / Yankee Place - Street Revitalization) and authorize the preparation of
detailed plans and specifications. Aye: 5 Nay: 0
2006 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS
ACTING MAYOR
Mayor Geagan appointed Councilmember Carlson as Acting Mayor.
OFFICIAL LEGAL NEWSPAPER
Motion was made by Fields, seconded by Maguire 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 17,2006
Page 4
CITY COUNCIL MEETING DATES
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the modified 2006 Schedule
of City Council meetings. Aye: 5 Nay: 0
2006 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS
JANUARY 3 MAY2 SEPTEMBER 5
JANUARY 17 MAY 16 SEPTEMBER 19
FEBRUARY 7 JUNE 6 OCTOBER 3
FEBRUARY 21 JUNE 20 OCTOBER 17
MARCH 6* JUL Y 6** NOVEMBER 9****
MARCH 21 JULY 18 NOVEMBER 21
APRIL 4 AUGUST 3*** DECEMBER 4*****
APRIL 18 AUGUST 15 DECEMBER 19
* March 6 rather than March 7 due to precinct caucus
** July 6 due to July 4th holiday
*** August 3 rather than August 1 due to National Night Out
**** November 9 rather than November 7 due to Election Day
***** December 4 rather than December 5 due to Truth in Taxation
There will be a Listening Session at 6:00 p.m. before each regular Council meeting.
2006 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS
JANUARY 10 MAY 9 SEPTEMBER 11 **
JANUARY 24 (tentative) MA Y 23 (tentative) SEPTEMBER 26 (tentative)
FEBRUARY 13* JUNE 13 OCTOBER 10
FEBRUARY 28 (tentative) JUNE 27 (tentative) OCTOBER 24 (tentative)
MARCH 14 JULY 11 NOVEMBER 14
MARCH 28 (tentative) JULY 25 (tentative) NOVEMBER 28 (tentative)
APRIL 11 AUGUST 8 DECEMBER 11 ***
APRIL 25 (tentative) AUGUST 22 (tentative)
* February 13 rather than February 14 due to request of a Council member
** September I I rather than September 12 due to Primary Election
*** December 11 rather than December 12 due to Truth in Taxation
Eagan City Council Meeting Minutes
January 17,2006
Page 5
CITY COUNCIL MEETING PROCEDURES
Councilmember Fields moved, Councilmember Carlson seconded a motion to acknowledge Robert's Rules of Order
as the means to conduct official business at all Regular City Council meetings, approve the changes to the agenda
format and further approve the guidelines/handout for public participation in the City Council meeting.
Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the Council's past practice and
policy that during the City Council filing period (July - November, 2006), Visitors to be Heard shall occur for a
period of time not to exceed ten minutes and Visitors to be Heard will not be televised during this time.
Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Maguire seconded a motion to formally 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 REPRESENT A TIVE APPOINTMENTS
Councilmember Carlson moved, Councilmember Fields seconded a motion to ratify the standing committee and
representative appointments as follows: Aye: 5 Nay: 0
Finance Committee: Councilmember Carlson and Mayor Geagan
Public Works Committee: CounciImember Fields and Councilmember Maguire
Personnel Committee: Mayor Geagan and Councilmember Carlson
Communications Committee: Councilmember Maguire and Councilmember Carlson
Community Center / Central Park Operations Committee: Mayor Geagan and Councilmember Carlson
Caponi Property Subcommittee: Councilmember Maguire and Councilmember Carlson
Minnesota Valley Transit Authority Board: Councilmember Tilley
School District # 191: Councilmember fields and Councilmember Tilley
School District # 196: Councilmember fields and Councilmember Tilley
School District #197: Councilmember Fields and Councilmember Tilley
Municipal Legislative Commission: Mayor Geagan
Cedar Corridor Committee: Councilmember Maguire
It was the consensus of the Council to discuss the 2008 Comprehensive Guide Plan Update Committee at a future
work session; and postpone appointment to the ECVB Board of Directors until after the next Board meeting.
It was also the consensus of the Council to disband the Caponi Property Subcommittee. Councilmember Maguire
will continue to serve on the Caponi Art Park Board at the request of the Board.
Mayor Geagan made the following Advisory Commissions liaison assignments:
APrC - Councilmember Carlson
ARC - Councilmember fields
APC - Councilmember Maguire
BETC - Council member Tilley
MSP Noise Oversight Committee - Councilmember Fields, Assistant to City Administrator Dianne Miller
Councilmember Carlson moved, Councilmember Fields seconded a motion to ratify the subcommittee and liaison
assignments. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Tilley seconded a motion to disband the Economic Development
Commission. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
January 17,2006
Page 6
NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT - WENSMANN HOMES
City Administrator Hedges introduced and provided background information on this item regarding a
Comprehensive Guide Plan Amendment to change the land use designation from P, Park and Recreational Open
Space to SA, Special Area on approximately 120 acres located south of Yankee Doodle Road and west of Wescott
Woodlands. Pursuant to a lawsuit, the City reached a Contingent Settlement Agreement with Wensmann Homes and
the property owners regarding a revised petition for an amendment to the City's Comprehensive Guide Plan. City
Planner Ridley provided a brief overview of the proposed amendment. Mayor Geagan discussed the current
contingent agreement and a recent Minnesota Supreme Court case that could impact the outcome of an appeal
process.
Councilmembers discussed their opinions regarding the settlement and the recent MN Supreme Court decision
pertaining to a case in Mendota Heights. The consensus was that the City should proceed with the appeal of the
District Court decision.
Mayor Geagan moved, Councilmember Fields seconded a motion to adopt findings of Fact, Conclusions and
Resolution for Denial of an amendment to the Comprehensive Guide Plan to change the designation of property from
P, Parks, Open space and Recreation, to SA, special Area, legally described as the East Half of the NW Quarter and
the Northeast Quarter of the Southwest quarter of Section 14, Township 27, Range 23 from P (Parks, Open space
and Recreation) to SA (Special Area). Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
CITY OF EAGAN'S 2006 ST ATE BONDING REQUESTS
City Administrator Hedges discussed proposed bonding requests for 2006.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the City of Eagan's 2006
State Bonding Requests. Aye: 5 Nay: 0
The regular City Council meeting was recessed at 7:35 p.m. to immediately convene a meeting of the Economic
Development Authority.
The regular City Council meeting was reconvened at 7:45.
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
meeting at 7:50 p.m. Aye: 5 Nay: 0
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Date
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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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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.