11/06/2008 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 6, 2008
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Bakken, Fields and Hunter.
A regular meeting of the Eagan City Council was held on Thursday, November 6, 2008 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hunter. 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
City Administrator Hedges noted that an item would be added under the Administrative Agenda regarding Comcast.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Shawn Hunter was recognized for his service to the City as a temporary Councilmember.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as
presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the October 21, 2008 regular City Council meeting as
presented.
B. Personnel Items
1. It was recommended to adopt a policy requiring all employees (excluding election judges) to
receive their pay via direct deposit effective January 1, 2009.
C. It was recommended to ratify the check registers dated October 23, 2008 and October 30, 2008.
D. It was recommended to approve a Lawful Gambling License renewal for the Mendota Heights Athletic 08-46
Association to conduct a pull-tab operation and bar bingo at Valley Lounge, 3385 Sibley Memorial
Highway
E. It was recommended to approve the Adoption of the Dakota County All-Hazards Mitigation Plan 08-47
F. It was recommended to approve Community Tile Mosaic Project to be displayed on a rotating basis in
a park or other public space
G. It was recommended to approve plans and specifications, and authorize the advertisement for bid for
lighting at Northview Athletic Fields.
H. It was recommended to approve a Final Planned Development for CDA Youth Housing
1. It was recommended to approve the extension of recording Final Plat for Coca Cola Bottling Company
Addition
J. It was recommended to receive the Final Assessment Roll and order public hearing for Project 953
(Cedar Grove 1st / 2nd - Street Overlay and Utility Improvements)
K. It was recommended to receive Draft Feasibility Report for Project 972, Lone Oak/ Waters Street
Improvements & Schedule Public Hearing for December 1, 2008
L. It was recommended to receive Draft Feasibility Report for Project No. 974, Washington Dr./ 81st
Street/ Federal Dr Street Improvements & Schedule Public Hearing for December 1, 2008
M. It was recommended to receive Draft Feasibility Report for Project 1001 Opperman Drive Street
Improvements & Schedule Public Hearing for December 1, 2008
City Council Minutes
November 6, 2008
Page 2
N. It was recommended to receive Draft Feasibility Report for Project 1003 Blue Gentian Road Street
Improvements & Schedule Public Hearing for December 1, 2008
0. It was recommended to approve Change Order No. 4 for Contract 07-04 (Boulder Lakes - Street &
Utility Improvements)
P. It was recommended to approve Final Payment and Authorize City Maintenance of Contract 08-10
(Patrick Eagan Park - Parking and Storm Drainage Improvements)
Q. It was recommended to authorize Public Hearing for Amended Right-of-Way Vacation (Legal
Description - Blue Gentian Road)
R. It was recommended to acknowledge completion and authorize City Maintenance of Project 06-R
(Madelyn Woods)
S. It was recommended to acknowledge Completion & Authorize City Maintenance of Project 07-L
(Manley Commons)
T. It was recommended to direct preparation of an Ordinance Amendment regarding noise attenuation
construction requirements
U. It was recommended to approve Final Payment and Authorize City Maintenance of Contract 07-05
(South Water Treatment Plant - Roof Replacement)
V. It was recommended to approve Snow & Ice Control Maintenance Contract for 2007-2008
PUBLIC HEARINGS
CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
City Administrator Hedges introduced this item regarding delinquent false alarm bills with an assessable amount of
$625.
Mayor Maguire opened the public hearing. There being no comment, he close the hearing and turned discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the final assessment roll for
delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT WEED CUTTING BILLS
City Administrator Hedges introduced this item regarding delinquent weed cutting bills with a total assessable
amount of $2,961.35.
Mayor Maguire opened the public hearing. There being no comment, he close the hearing and turned discussion
back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for
delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT UTILITIES
City Administrator Hedges introduced this item regarding delinquent utility bills with a total assessable amount of
$110,170.12.
Mayor Maguire opened the public hearing. There being no comment, he close the hearing and turned discussion
back to the Council.
Councilmember Hunter moved, Councilmember Tilley seconded a motion to approve the final assessment roll for
delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
City Council Minutes
November 6, 2008
Page 3
FEE SCHEDULE CHANGE
City Administrator Hedges introduced this item regarding an addition to the 2008 Fee Schedule to include license
fees for Body Art Establishments and technicians.
Mayor Maguire opened the public hearing. There being no comment, he closed the hearing and turned discussion
back to the Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt a resolution approving an 08-48
addition to the 2008 Fee Schedule in regard to Body Art Establishment License fees and Body Art Technician
License fees. Aye: 5 Nay: 0
PROJECT 955, SAFARI ESTATES
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment Roll for Safari Estates street overlay
improvements. Public Works Director Colbert 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 Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for
Project 955 (Safari Estates - Street Overlay Improvements) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
PROJECT 958, TOWERVIEW ROAD
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment Roll for Towerview Road street
overlay improvements. Public Works Director Colbert 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 Bakken moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for
Project 958 (Towerview Road - Street Overlay Improvements) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
PROJECT 960, BRITTANY 8TH -10TH ADDITIONS
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment Roll for Brittany 8th - 10th Additions
street overlay improvements. Public Works Director Colbert 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 Tilley moved, Councilmember Hunter seconded a motion to approve the Final Assessment Roll for
Project 960 (Brittany 8'- 10th - Street Overlay Improvements) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
City Council Minutes
November 6, 2008
Page 4
PROJECT 961, BUR OAK HILLS
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment Roll for Bur Oak Hills street overlay
improvements. Public Works Director Colbert 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 Hunter moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for
Project 961 (Bur Oaks - Street Overlay Improvements) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
PROJECT 965, ELRENE ROAD (Wescott Road to Trails End Road)
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment Roll for Elrene Road street overlay
improvements. Public Works Director Colbert 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 Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for
Project 965 (Elrene Road, Wescott Road to Trails End Road, Street Overlay Improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT 968, LEXINGTON POINTE PARKWAY / DANIEL DRIVE
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment Roll for Lexington Pointe Parkway /
Daniel Drive street overlay improvements. Public Works Director Colbert 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 Bakken moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for
Project 968 (Lexington Pointe Parkway / Daniel Drive - Street Overlay Improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to recess the regular meeting to
immediately convene a meeting of the Board of Adjustments and Appeals. Aye: 5 Nay: 0
BOARD OF ADJUSTMENTS AND APPEALS
HAWTHORNE RIDGE - EXCEL DEVELOPMENT, LLC
City Administrator Hedges introduced this item regarding an appeal by the owner of the Hawthorne Ridge
commercial development for the Council to reconsider their July 1, 2008 decision to deny a request for
modifications to the restrictive covenants filed against the development to permit a restaurant. City Planner Ridley
presented background information.
City Council Minutes
November 6, 2008
Page 5
Jasper Berg, representing Excel Development discussed the request for modifications to the restrictive covenants
and provided additional background information. Six citizens expressed their support for a restaurant at the
Hawthorne Ridge commercial location.
The Board held a discussion which included concern for the original commitment made to residents that had voiced
their concern over the commercial development.
Member Hunter moved, Member Maguire seconded a motion to approve a modification to the covenant restrictions
to allow one full-service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley
Road. Aye: 4 Nay: 1 (Fields opposed)
The regular meeting of the City Council was reconvened at 8:00 p.m.
NEW BUSINESS
ORDINANCE AMENDMENT - CITY OF EAGAN
City Administrator Hedges introduced this item regarding an amendment to City Code Chapter 5 to change the
special use separation requirements between licensed off-sale beer establishments and certain other uses.
Community Development Director Hohenstein gave a staff report.
Councilmembers held a discussion and it was the consensus to remove the setback requirement from special uses in
connection with the licensing of off-sale 3.2 beer establishments and further discuss separation requirements for off-
sale liquor and/or on-sale licenses at a future work session.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an ordinance amendment to
City Code Chapter 5 removing the setback from special uses in connection with the licensing of off-sale 3.2 beer
establishments. Aye: 5 Nay: 0
OFF-SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR EAGAN 2008 LLC, DBA CUB FOODS
#31794, LOCATED AT 1020 DIFFLEY ROAD
City Administrator noted that this item had been continued from the October 21, 2008 Council meeting based on the
need to address the separation requirements between licensed liquor establishments and certain other uses.
Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve the off-sale 3.2 percent malt
liquor (beer) license for Eagan 2008 LLC, dba Cub Foods #31794. Aye: 5 Nay: 0
ORDINANCE AMENDMENT - CHPATER 10, SECTION 10.11
POTENTIALLY DANGEROUS AND DANGEROUS DOG REGULATIONS
City Administrator Hedges introduced this item regarding an ordinance amendment to Chpter 10, Section 10.11
regarding potentially dangerous dog regulations. It was noted that this is an update as a result of changes in the state
statute. Administrative Services Director VanOverbeke discussed the hearing process for dangerous and potentially
dangerous dog designations.
Councilmembers held a discussion and it was agreed that the dangerous dog designation would not be breed
specific.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment to
Chapter 10, Section 10.11 regarding potentially dangerous and dangerous dog regulations. Aye: 5 Nay: 0
City Council Minutes
November 6, 2008
Page 6
ORDINANCE AMENDMENT - CHAPTER 10, SECTION 10.01
REFUSE AND TRASH REMOVAL
City Administrator Hedges introduced this item regarding an amendment to Chapter 10 of the City Code relative to
the City's ability to remove refuse and trash from private property. City Planner Ridley gave a staff report.
Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve the Ordinance Amendment to
Chapter 10, Section 10.01, relative to the City's ability to remove refuse and trash from private property and, if
necessary, assess cost of same and direct the City Attorney to publish the amendment in the Legal Newspaper.
Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT
POSITIVE COMPANIES
City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment that would
change the land use designation from Medium Density to High Density and Retail Commercial for property located
at the southeast corner of Diffley Road and Blackhawk Road. City Planner Ridley gave a staff report.
Councilmembers held a discussion regarding sequencing and the development of senior housing on the property.
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to submit to the
Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use designation
from MD (Medium Density), to HD (High Density) and RC (Retail Commercial, for property located at the
southeast corner of Diffley Road and Blackhawk Road in the NE 1/4 of Section 29. Aye: 5 Nay: 0
INTERIM USE PEMIT - LARRY WITTWER, 4785 ERIK'S BOULEVARD
City Administrator Hedges discussed the background of the storage of commercial vehicles on the Wittwer property.
City Planner Ridley gave a staff report noting that a condition of the recently approved variance for the construction
of a third stall garage addition was to obtain an Interim Use Permit for the storage of the commercial vehicles.
Larry and Linda Wittwer addressed the Council requesting that the interim use permit be issued for 10 years, or until
retirement, rather than seven years.
Several neighbors of the Wittwers were present to express their support for the interim use permit.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Interim Use Permit to allow
an outdoor storage of two commercial vehicles on the property at 4785 Erik's Boulevard, legally described as Lot 9,
Block 4, Twin View Manor in the NE 1/4 of Section 33, subject to the following conditions: Aye: 5 Nay: 0
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City,
and proof of recording shall be submitted to the City.
2. The permit shall terminate in seven years (November 1, 2015)
3. The interim use permit shall be subject to an annual administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. The interim use
permit may be revoked for failure to comply with any conditions of the permit following notice of the
noncompliance and a hearing by the City Council with all interested parties being given an opportunity
to be heard.
4. This permit approves the outside storage for two commercial vehicles, which shall be located as shown
on the approved site plan.
City Council Minutes
November 6, 2008
Page 7
PRELIMINARY SUBDIVISION (NORTON HEIGHTS) - BILL PEDERSON
City Administrator Hedges introduced this item regarding the preliminary subdivision of 1.4 acres to create two
single family lots for property located at 1505 Lone Oak Road. City Planner Ridley gave a staff report.
Councilmembers discussed access issues and asked Director of Public Works Colbert to initiate a review to
officially map a street network for the area.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision of
1.4 acres to create two single family lots for property located at 1505 Lone Oak Road in the SW 1/4 of Section 4,
subject to the following conditions:
1. The property shall be platted.
2. This development shall be responsible for a cash parka and trails dedication based on the rates in effect at
the time of Final Subdivision.
3. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot
1, Block 1.
4. Architectural design and construction methods for the new home shall incorporate sound alteration
standards sufficient to achieve an interior sound level of 45 dBA.
5. This development shall dedicate a 50 foot wide public street easement across Lot 1 from Skyline Trail to
Parcel 10-88800-151-00 (1495 Lone Oak Road) in a form acceptable to the City Attorney.
MASSAGE THERAPY ESTABLISHMENT LICNESE REVOCATION
NEW STAR MASSAGE, 3906 CEDAR GROVE PARKWAY AND
MASSAGE THERAPIST LICENSE REVOCATION - SHUFANG WANG
City Administrator Hedges introduced this item regarding New Star Massage and Shufang Wang's violation of City
Code, Chapter 6.39 in regard to prohibited operations. Lieutenant Greg Johnson of the Eagan Police Department
provided information regarding the code violations. The City Attorney explained the role of the Council in regard to
a City Code violation.
An attorney representing Li Li of New Star Massage provided a copy of an employment agreement with her
employees. He requested that consideration be given due to the fact this was the first violation of the Code by the
establishment.
Shufang Wang was not present.
After discussion, the majority of the Council concurred that the appropriate approach would be to appoint an
administrative hearing officer to conduct a hearing and bring back findings of fact for review.
Mayor Maguire moved, Councilmember Tilley seconded a motion directing that the violation of Chapter 6.39 of the
City Code by New Star Massage be heard by an external hearing officer and findings of fact be brought back before
the Council on December 16. Aye: 4 Nay: 1 (Bakken opposed)
Mayor Maguire moved, Councilmember Tilley seconded a motion directing the violation of Chapter 6.39 of the City
Code by Shufang Wang be heard by an external hearing officer and findings of fact be brought back before the
Council on December 16. The massage therapist license held by Shufang Wang is suspended pending the findings
of fact and decision by the City Council on December 16. Aye: 4 Nay: 1 (Bakken opposed)
CITY CODE AMENDMENT - CHAPTER 3.05
City Administrator Hedges introduced this item regarding an amendment to the City Code, Chapter 3.05 pertaining
to water shut offs in certain circumstances. Community Development Director Hohenstein gave a staff report.
City Council Minutes
November 6, 2008
Page 8
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an amendment to City Code
Chapter 3.05 to permit water shut offs for non-payment of water bills. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
At 10:15 p.m. the regular City Council meeting was recessed to immediately convene a meeting of the Economic
Development Authority.
At 10:20 p.m. the regular City Council meeting was reconvened.
ADMINISTRATIVE AGENDA
Discussion was held regarding a Council goals session.
Motion was made by Bakken, seconded by Fields, to hold a City Council Goals session for December 9, 2008. Aye:
5 Nay: 0
City Administrator Hedges discussed a Letter of Agreement with Comcast to install the necessary connections to
operationalize the new E-TV studio and master control prior to the ground freezing.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the November 5, 2008
negotiated letter of agreement with Comcast to create the technical connections necessary between Comcast's head
end and the new E-TV studio and master control; authorize the Mayor to execute the necessary documents and
authorize a check for the estimated projects costs. Aye: 5 Nay: 0
Public Works Director Colbert discussed a correction to Final Assessment Role, Project 959, Eden Addition street
overlay.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the corrected Final
Assessment Role for Project 959 (Eden Addition - Street Overlay improvements) and authorize its certification to
Dakota County for collection. Aye: 5 Nay: 0
CANVAS BALLOTS - NOVEMBER 4, 2008 MUNICIPAL ELECTIONS
Councilmember Tilley moved, Councilmember Fields seconded a motion to certify the results of the November 4,
2008 Municipal Election (4-year term). Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to certify the results of the November 4,
2008 Special Municipal Election (vacancy in the term expiring January 2, 2011). Aye: 5 Nay: 0
Mayor Maguire moved, Councilmember Tilley seconded a motion to certify the results of the November 4, 2008
Special Municipal Referendum Election. Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 10:50 p.m.
Date Administrative Secretary / Deputy Clerk
City Council Minutes
November 6, 2008
Page 9