01/06/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 6, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Bakken and Hansen. Councilmember Tilley was absent. There were no
visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, January 6, 2009 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken and Hansen.
Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Community
Development Director John Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert,
City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
The Oath of Office was administered to Councilmember Cyndee Fields who was re-elected for a four year
term.
CONSENT AGENDA
City Administrator Hedges noted that item J would be removed from the Consent Agenda.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as amended. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the December 16, 2008 regular City Council
meeting and the December 9, 2008 City Council Retreat as presented.
B. Personnel Items - There were no items.
C. It was recommended to ratify the check registers dated December 11, December 18, and
December 23, 2008 as presented.
D. It was recommended to approve the renewal of 3.2 Off-Sale Malt Liquor (Beer) License for
Oasis Market #518 for 2009.
E. It was recommended to approve the renewal of Tobacco Licenses for Cub Foods, 1020
Diffley Road; Oasis Market #5685, 2000 Rahncliff Court; Oasis Market #518, 3390
Coachman Road; Oasis Market #594, 1286 Lone Oak Road.
F. It was recommended to approve a one-year extension of the Conditional Use Permit and
Variance approvals for Spectrum Business Park, located west of 1-35E on Taconite Trail in
the SE'/ of Section 20 and SW'/ of Section 21.
G. It was recommended to accept four used laptop computers from Target Corporation through
the MN Chief of Police Association with a value of approximately $1,200.
H. It was recommended to declare the City's intent, through a participation / reimbursement
agreement with the Dakota Communications Center (DCC), to equip emergency vehicles with
Automatic Vehicle Location (AVL) technology.
1. It was recommended to authorize application of a grant from the National Recreation and
Parks Association (NRPA) for an ACHIEVE Grant.
J. Item removed.
K. It was recommended to adopt Findings of Fact, Conclusion and Resolution to Revoke 09-1
Massage Therapist Licenses for both Li Li and Shufang Wang. 09-2
City Council Minutes
January 6, 2009
Page 2
L. It was recommended to approve the renewal of a Tree Maintenance Contractor License for
Ciardelli Tree and Landscaping.
M. It was recommended to approve the renewal of a Trash Hauler License for Waste
Technology Inc.
PUBLIC HEARINGS
AMENDMENT TO 2009 FEE SCHEDULE
City Administrator Hedges discussed this item regarding an amendment to the 2009 Fee Schedule in
regard to Community Development - Planning Department fees.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing
and adopt a Resolution Approving an Amendment to the 2009 Fee Schedule Establishing Fees for o9-3
Various Community Development - Planning Department Fees. Aye: 4 Nay: 0
PROJECT 982, ST. FRANCIS WOODS 6TH ADDITION
STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements for St. Francis Woods 6th
Addition. Public Works Director Colbert discussed the City's comprehensive Pavement Management
Program. Assistant City Engineer Gorder gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the Public Hearing
and approve Project 982, St. Francis Woods 6th Addition (Street Improvements) as presented and
authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0
PROJECT 1006, KNOLL RIDGE DRIVE STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements for Knoll Ridge Drive.
Assistant City Engineer Gorder gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to
the Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve Project 1006,
Knoll Ridge Drive (Street Improvements) as presented and authorize the preparation of detailed plans
and specifications. Aye: 4 Nay: 0
PROJECT 979, LEMAY LAKE HILLS / LUNKA ADDITIONS STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding the LeMay Lake Hills / Lunka Additions street
improvements. Assistant City Engineer Gorder gave a staff report.
Councilmembers held a discussion regarding the portion of Towerview Road east of Quarry Lane that
was deleted by Council action at the request of the property owners serviced by the short dead-end
extension.
City Council Minutes
January 6, 2009
Page 3
Mayor Maguire opened the public hearing.
Two property owners on Towerview Road expressed their opposition to the street improvement on the
portion of Towerview that is east of Quarry Lane. Concern was expressed regarding the amount of the
potential assessment.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
After further discussion, it was the consensus of the Council to delete the portion of Towerview Road east
of Quarry Lane from the improvement project
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 979,
LeMay Lake Hills / Lunka Additions (Street Improvements) without the alternate and authorize the
preparation of detailed plans and specifications. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to designate
east of Towerview as a minimum maintenance road to follow the precedent set with Wuthering Heights.
Aye: 4 Nay: 0
PROJECT 978, EAGANDALE / LEMAY LAKE ADDITIONS STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements for Eagandale / LeMay
Lake Additions. Assistant City Engineer Gorder gave a staff report.
Mayor Maguire opened the public hearing.
The General Manager of Joe Senser's Restaurant asked about the traffic flow to their business during the
improvement project. Assistant City Engineer Gorder discussed the process to keep access to
businesses open during construction projects.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve Project 978,
Eagandale / LeMay Lake Additions (Street Improvements) as presented and authorize the preparation of
detailed plans and specifications. Aye: 4 Nay: 0
OLD BUSINESS
PLANNED DEVELOPMENT AMENDMENT - HOLIDAY STATIONSTORES, INC.
City Administrator Hedges introduced this item regarding a Planned Development Amendment to add a
dynamic message panel to the existing free-standing sign at 2066 Eagan Woods Drive. He noted that
this item was continued from the December 16 City Council meeting. City Planner Ridley gave a staff
report, reviewing the revised sign plan options submitted by the applicant.
Dave Edquist, representing Holiday Stationstores, discussed the revised sign plan requesting that Council
approve Option 1 as presented.
Councilmembers held a discussion and it was the consensus that Option 2 would be most appropriate
plan for the sign.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to add a dynamic message panel (Option 2) to the existing free-standing sign
City Council Minutes
January 6, 2009
Page 4
at 2066 Eagan Woods Drive, legally described as Lot 1, Block 1, Manley Commons 1st Addition in the NE
of Section 4, subject to the following conditions: Aye: 4 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office within 60 days of City Council approval, and proof
of recording shall be provided to the City.
2. A sign permit must be obtained prior to installing the dynamic message panel. The dynamic
message panel shall not exceed 3'8" in height by 8'10" in width.
3. All other City Code requirements shall be met.
Staff was directed to review the current dynamic sign ordinance with respect to electronic gas price
signage.
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT, ON-SALE LIQUOR AND SUNDAY LICENSE
KYOTO SUSHI, INC., DBA KYOTO SUSHI
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow
on-sale liquor in conjunction with a Class I restaurant at 1250 Town Centre Drive. City Planner Ridley
gave a staff report.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1250 Town
Centre Drive, legally described as Lot 4, Block 1, Town Centre 100 Sixth Addition, subject to the following
conditions: Aye: 4 Nay: 0
1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's
Office within 60 days of City Council approval.
2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws
and regulations.
3. Signage shall be subject to the City Sign Code requirements.
4. This agreement is intended to replace the December 2, 2002 Planned Development
Amendment which allowed a dog day care and overnight boarding of pets (Document
#1994648).
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the On-Sale
Liquor and Sunday License for Kyoto Sushi, Inc., dba Kyoto Sushi located at 1250 Town Centre Drive.
Aye: 4 Nay: 0
PRELIMINARY APPLICATION FOR CONSIDERATION OF HOUSING IMPROVEMENT DISTRICT FOR
MEADOWLARK RIDGE HOMEOWNERS ASSOCIATION
City Administrator Hedges introduced this item regarding an application from Meadowlark Ridge
Homeowners Association for consideration of a Housing Improvement District for their property.
Community Development Director Hohenstein gave a staff report.
Councilmember Hansen moved, Councilmember Fields seconded a motion to receive an application from
the Meadowlark Ridge Homeowners Association and direct City Staff to request a formal application for
Housing Improvement District Consideration for their property. Aye: 4 Nay: 0
City Council Minutes
January 6, 2009
Page 5
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges provided an update on the State LGA and market value homestead credit un-
allotment. He also provided an update on a meeting with the Metropolitan Airports Commission in regard
to the Northwest Airlines and Delta merger.
The Council recessed at 8:26 p.m. to immediately convene a meeting of the Economic Development
Authority.
The Council meeting reconvened at 8:31 p.m.
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed the draft Legislative Priorities and Positions document.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8: 35 p.m.
Date Administrative Secretary / Deputy Clerk