01/15/2008 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 15, 2008
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 Thursday, January 15, 2008 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, City Engineer Russ Matthys; City Attorney Mike Dougherty, and Administrative Secretary / Deputy
Clerk Mira Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Holz Farm - National Register of Historic Places
A presentation was made regarding the designation of Holz Farm on the National Register of Historic Places. A
plaque was presented on behalf of the Friends of the Farm and City of Eagan.
Sonya Rippe - Recipient of the Dorthea Nelson Award
Sonya Rippe, Recreation Facilities Manager was recognized for the recent Dorothea Nelson Award that was
presented to her by the Minnesota Recreation and Parks Association.
CONSENT AGENDA
Councilmember Fields 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 January 3, 2008 regular City Council
meeting, as presented.
B. Personnel Items.
There were no personnel items.
C. Check Registers. It was recommended to ratify the check registers dated December 27, 2007 and January
3, 2008 as presented.
D. Grant. It was recommended to approve a resolution accepting a $2,200 Grant from Factory Mutual 08-01
Insurance Company for the Fire Department; and approve a budget adjustment to adjust revenues up by
$2,200 in the Fire Department's administrative capital budget program (1221-6670)
E. Comprehensive Water Supply, Emergency and Conservation Plan. It was recommended to adopt the
Comprehensive Water Supply, Emergency and Conservation Plan and authorize the Public Works
Director to certify its approval to the Minnesota Department of Natural Resources.
F. Speed Limit Study. It was recommended to approve a resolution requesting MnDOT to perform all
required speed studies necessary to designate the proper speed limit for Argenta Trail from TH 149 (Dodd
Road) to County Road 28 (Yankee Doodle Road).
G. Project 963. It was recommended to receive the Draft Feasibility Report for Project 963, Nicols Road /
Nancy Circle (Street Improvements) and schedule a public hearing to be held on February 19, 2008.
H. Project 964. It was recommended to receive the Draft Feasibility Report for Project 964, Yankee Doodle
Road - West of Terminal Drive (Street Improvements) and schedule a public hearing to be held on
February 19, 2008.
Eagan City Council Meeting Minutes
January 15, 2008
Page 2
1. Project 965. It was recommended to receive the Draft Feasibility Report for Project 965, Elrene Road -
Wescott Road to Trails End Road (Street Improvements) and schedule a public hearing to be held on
February 19, 2008.
J. Project 966. It was recommended to receive the Draft Feasibility Report for Project 966, Federal Drive -
Washington Drive to Yankee Doodle Road (Street Improvements) and schedule a public hearing to be
held on February 19, 2008.
K. Project 968. It was recommended to receive the Draft Feasibility Report for Project 968, Lexington
Pointe Parkway / Daniel Drive (Street Improvements) and schedule a public hearing to be held on
February 19, 2008.
L. Grant. It was recommended to approve an agreement with the Minnesota Pollution Control Agency for a
Fish Lake and Schwarz Lake Nutrient Impairment Total Maximum Daily Load (TMDL) Project and
authorize the Mayor and City Clerk to execute all related documents.
M. Ordinance Amendment. It was recommended to authorize the preparation of new and revised ordinance
language as an amendment to the City Code that addresses the City of Eagan's Storm Water Pollution
Prevention Plan (SWPPP) and the Water Quality and Wetland Management Plan (WQWMP) and direct
staff to prepare draft ordinances for further consideration.
N. Joint Powers Agreement. It was recommended to approve the 11 City Joint Powers Agreement for Street
Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related
documents.
0. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility
easements within Waters Annex and schedule a public hearing to be held on February 19, 2008.
P. Contract Renewal. 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.
Q. Amendment to Joint Powers Agreement. It was recommended to approve the proposed changes to the
existing joint powers agreement entitling agencies to obtain additional reimbursement for allocating
additional agents.
R. Grant. It was recommended to accept a Grant from the State of Minnesota on behalf of the Dakota 08-02
County Drug Task Force and approve a resolution authorizing execution of the agreement.
S. Unclaimed or Abandoned Property. It was recommended to approve destruction of unclaimed or
abandoned property per Eagan City Ordinance 2.70.
T. Ordinance Amendment. It was recommended to direct staff to initiate an Ordinance Amendment to
Chapter 11, specifically as it relates to standard City Code compliance in association with various City
approvals.
U. Equipment Replacement. It was recommended to approve the purchase of a non-linear editing equipment
for Burnsville/Eagan Community Television (BECT) to replace existing equipment.
V. Authorization of Survey. It was recommended to authorize Decision Resources to conduct a survey
regarding open space.
W. Project 776 - Gopher Resource Corp. It was recommended to approve Assessment Appeal Settlement
Agreement for Project 776 (Yankee Doodle Road) with Gopher Resource Corp. and authorize the Mayor
and City Clerk to execute all related documents.
X. Project 776 - Virginia Fox. It was recommended to approve Assessment Appeal Settlement Agreement
for Project 776 (Yankee Doodle Road) with Virginia Fox and authorize the Mayor and City Clerk to
execute all related documents.
PUBLIC HEARINGS
PROJECT 960, BRITTANY 8TH - 10TH ADDITIONS STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements for Brittany 8"' - 10"' Additions.
City Engineer Matthys gave a staff report.
Mayor Maguire 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
January 15, 2008
Page 3
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 960 (Brittany 8 th
-
10th Additions - Street Improvements) and authorize the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
PROJECT 961, BUR OAK HILLS STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements for Bur Oak Hills. City Engineer
Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 961 (Bur Oak Hills -
Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 962, CLIFF DRIVE STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements for Cliff Drive. City Engineer
Matthis gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Fields seconded a motion to Approve Project 962 (Cliff Drive -
Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
VARIANCE - DAVID MARSH (1374 BERRY RIDGE ROAD)
City Administrator Hedges introduced this item regarding a variance of 5 feet to the required 30-foot front yard
setback to construct an addition to the existing single family home at 1374 Berry Ridge Road. City Planner Ridley
gave a staff report.
David Marsh discussed the proposed variance and presented a petition signed by neighbors in favor of the proposed
variance.
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 Bakken seconded a motion to approve a Variance of 5 feet to the
required 30 foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge
Road in the SW 1/4 of Section 22 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. The addition shall comply with all other applicable Zoning Ordinance provisions.
3. A building permit must be obtained proper to construction.
4. The exterior materials of the proposed addition shall match the existing structure.
2008 ORGANIZATIONAL BUSINESS
Eagan City Council Meeting Minutes
January 15, 2008
Page 4
City Administrator Hedges explained that organizational business is considered at the second regular City Council
meeting in January. The following items were acted on:
ACTING MAYOR
Councilmember Bakken nominated Councilmember Carlson as Acting Mayor. Councilmember Fields seconded
the nomination.
Mayor Maguire moved Councilmember Tilley seconded a motion to appoint Councilmember Carlson as Acting
Mayor. Aye: 5 Nay: 0
OFFICIAL LEGAL NEWSPAPER
Motion was made by Tilley, seconded by Fields 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 15, 2008
Page 5
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the 2008 Schedule of City
Council meetings as presented noting the alternate dates. Aye: 5 Nay: 0
2008 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS
JANUARY 3* Thursday MAY 6 SEPTEMBER 2
JANUARY 15 MAY 20 SEPTEMBER 16
FEBRUARY 4** Monday JUNE 3 OCTOBER 7
FEBRUARY 19 JUNE 17 OCTOBER 23**** Thursday
MARCH 3*** Monday JULY I NOVEMBER 6***** Thursday
MARCH 18 JULY 15 NOVEMBER 18
APRIL 1 AUGUST 5 DECEMBER 1****** Monday
APRIL 15 AUGUST 19 DECEMBER 16
* January 3 due to New Year's Day
February 4 due to caucuses
March 3 due to caucuses
October 23 due to Shemini Atzeret & Simchat Torah
November 6 due to Election Day
December 1 - Truth in Taxation
There will be a Listening Session at 6:00 p.m. before each regular Council meeting.
2008 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS
JANUARY 8 MAY 13 SEPTEMBER 9
JANUARY 22 (tentative) MAY 27 (tentative) SEPTEMBER 23 (tentative)
FEBRUARY 12 JUNE 12* Thursday OCTOBER 16** Thursday
FEBRUARY 26 (tentative) JUNE 24 (tentative) OCTOBER 28 (tentative)
MARCH 11 JULY 8 NOVEMBER 13*** Thursday
MARCH 25 (tentative) JULY 22 (tentative) NOVEMBER 25 (tentative)
APRIL 8 AUGUST 12 DECEMBER 8**** Monday
APRIL 22 (tentative) AUGUST 26 (tentative)
* June 12 due to Shavuot
* * October 16 due to Sukkot
November 13 due to Veteran's Day Holiday
Eagan City Council Meeting Minutes
January 15, 2008
Page 6
* * * * December 8 due to Truth in Taxation
CITY COUNCIL MEETING PROCEDURES
Councilmember Carlson moved, Councilmember Fields seconded a motion to acknowledge Robert's Rules of
Order as the means to conduct official business at all Regular City Council meetings, and approve the
guideline/handout for public participation in Council meetings; to ratify Council's past practice and policy that
during the City Council filing period (July - November, 2008) Visitors to be Heard shall occur for a period of time
not to exceed ten minutes and shall not be televised during this time; and to 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 REPRESENTATIVE APPOINTMENTS
Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the appointed members of
Council standing committees, intergovernmental committees and other appointments as listed. Aye: 5 Nay: 0
Standing Committees:
Finance Committee: Councilmember Carlson and Mayor Maguire
Public Works Committee: Councilmember Fields and Councilmember Bakken
Personnel Committee: Mayor Maguire and Councilmember Carlson
Communications Committee: Councilmember Tilley and Councilmember Carlson
School District #191: Councilmember Fields and Councilmember Tilley
School District #196: Councilmember Fields and Councilmember Tilley
School District #197: Councilmember Fields and Councilmember Tilley
Advisory Commission Liaisons:
Advisory Parks and Recreation Commission: - Councilmember Carlson
Advisory Planning Commission - Councilmember Bakken
Airport Relations Committee - Councilmember Fields
Burnsville Eagan Telecommunications Commission - Councilmember Tilley
Intergovernmental Committee Appointments:
Minnesota Valley Transit Authority Board - Councilmember Tilley
Municipal Legislative Commission Board - Mayor Maguire
Cedar Corridor Committee - Mayor Maguire (City Administrator as alternate)
Monthly Mayor/Manager Breakfasts - Mayor Maguire
Dakota County Communication Board - Mayor Maguire (Councilmember Fields as alternate)
MSP Noise Oversight Committee - Councilmember Fields
(Assistant to City Administrator Miller and Community Director Hohenstein as alternates)
Eagan Convention and Visitors Bureau - Peggy Carlson
Other:
Testimony at Legislature - all as needed
Metro Cities Board of Directors - Mayor Maguire
Capon Art Park Board - Mayor Maguire
Breakfast with Mayor / Chamber of Commerce - Mayor Maguire
Fire Relief Association Board of Trustees - Mayor Maguire and the Director of Administrative Service
VanOverbeke
Eagan City Council Meeting Minutes
January 15, 2008
Page 7
ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Elected Officials Out-of-
State Travel Policy. Aye: 5 Nay: 0
OLD BUSINESS
PLANNED DEVELOPMENT AMENDMENT - THE SHOPS AT GRAND OAK
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow tenant
panels on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55. This item
was continued from the January 3Rd meeting to allow time for the applicant to prepare plans for a panel to read
"Enter on Dodd Road", as well as a direction sign to be located near the entrance off of Dodd Road. City Planner
Ridley discussed the revised plans.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development
Amendment to allow a 19.8 square foot panel on the existing pylon sign at the corner of Highway 55 and Dodd
Road to read "Enter on Dodd Rd., as well as a 5 foot, 6 inch tall directional sign to be located near the entrance off
of Dodd Road, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2 subject to the
following conditions: Aye: 5 Nay: 0.
1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County
Recorder's Office prior to issuance of a building permit.
2. An administrative Sign Permit shall be obtained from the City prior to installation of the tenant panels.
3. The new sign panel and directional ground sign shall not exceed the dimensions as indicated on the sign
exhibits received on January 8, 2008.
PRELIMINARY SUBDIVISION - DG WELDING FIRST ADDITION
DG ENTERPRISES
City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots upon
approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive. He noted that this item had been
continued from previous Council meetings due to issues regarding an access easement. City Engineer Matthys
reviewed potential access options.
Council held a discussion with Mike, Pat and Alan Dolney of DG Welding, along with staff regarding the possible
access easement options. It was the suggestion by Council and agreed to by the applicants that a temporary access
easement be granted to the City across their existing property (Lot 1, Block 1, Tan Me Industrial Park First
Addition)-so that the applicant can proceed with the subdivision of the property. Permanent easement
arrangements will continue to be negotiated.
Mayor Maguire moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create
two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as
Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition in the SE 1/4
of Section 8, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: Al, B1
2. The property shall be platted.
Eagan City Council Meeting Minutes
January 15, 2008
Page 8
3. Future development of this subdivision (i.e. parking lot expansion) shall provide water quality and quantity
control measures, in accordance with City Water Quality and Engineering standards in effect at the time of
development.
4. Any future development of Lot 1 (i.e. parking/storage expansion) shall construct and maintain a 30-foot side
clear, paved access road within this easement, from Sun Drive to the City property.
5. Storage shall not be allowed within the ingress/egress easement area on Lot 1.
6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided
on both ends of the ingress/egress easement within the fence.
7. Future development of this subdivision (i.e. parking/storage lot or building expansion) shall comply with tree
preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in
effect at the time of development.
8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication
with any future expansion of the building. Lot 2 shall be subject to a cash park dedication for any future
building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the
rates then in effect.
9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at
the rates then in effect.
10. The property owner shall grant a temporary ingress/egress easement in favor of Parcel 10-00800-011-50
across Lot 1, Block 1, Tan Me Industrial Park First Addition, for a period not to exceed two years.
NEW BUSINESS
CHARTER COMMISSION APPOINTMENTS
City Attorney Dougherty discussed the authority and obligation of the City to fill vacancies on the Eagan Charter
Commission. City Administrator Hedges discussed the appointment process for the Charter Commission. Mayor
Maguire discussed the interview process and the continuation, from the December 3, 2007 Council meeting,
appointment of two Councilmembers to the Commission.
Mayor Maguire moved, Councilmember Fields seconded a motion to appoint Councilmembers Bakken and Carlson
to the Eagan Charter Commission. Aye: 3 Nay: 1 (Carlson abstained, Tilley voted nay)
Ballots were distributed and the City Council voted to appoint the following five citizens to the Charter
Commission.
Shawn Hunter
Tom King
Ryan Bronson
Daniel Keeley
Bruce Anderson
Mayor Maguire moved, Councilmember Fields seconded a motion to ratify the appointments as listed and slot
them in the order they were appointed. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no updates.
The regular City Council meeting was recessed at 9:20 p.m. and a meeting of the Economic Development
Authority was immediately convened.
The regular City Council meeting was reconvened at 9:35 p.m.
ADMINISTRATIVE AGENDA
There were no items.
Eagan City Council Meeting Minutes
January 15, 2008
Page 9
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the regular meeting at
9:36 p.m.
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.