12/16/2008 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
December 16, 2008
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Tilley, Bakken and Hansen. Councilmember Fields was absent. Ron File discussed a parking
ticket he received in front of his home while blowing snow from his driveway. He suggested the ordinance
regarding odd/even parking regulations be reevaluated. Public Works Director Colbert and Police Chief McDonald
discussed the parking regulations and snow plowing procedures.
A regular meeting of the Eagan City Council was held on Tuesday, December 16, 2008 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen. Councilmember
Fields was absent. Also present were City Administrator Tom Hedges, Community Development Director John
Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant City Engineer John Gorder,
City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted that an item regarding the extension of the deadline for submittal of outstanding
liquor license renewal applications would be added to the Consent Agenda as item TT. He also noted that an item
regarding non-union compensation would added under personnel items.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended.
Aye: 4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
CONSENT AGENDA
City Administrator discussed item TT regarding outstanding liquor license renewal applications.
Councilmember Bakken moved, Councilmember Tilley 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 1, 2008 regular City Council meeting
and the December 8, 2008 Special City Council meeting as presented.
B. Personnel Items
1. Approved hiring of Eric Lindquist, Troy Mattson, Jordyn Michaud, Ben VonDeLinde, Mike
Redig, Jason Wheeler, Vincent Carlson, Kevin Stevenson, Mike Eilers, Robert Rydberg,
Jennifer Schoenecker, Josh Garcia, Marley Webber, Nathan Jones and Erik Larsen as seasonal
part-time winter recreation leaders.
2. Approved the hiring of Dave Allen and Dan Shugarts as seasonal part-time recreation
officials.
3. Approved the hiring of Hanna Sellner, Lucas Olson, Tyler Larkin, Megan Connelly, Austin
Bailey and Phillip Halvorson as seasonal part-time Building Attendants I at the Civic Arena.
4. Approved the hiring of Alan Laumeyer as a seasonal part-time Building Attendant III at the
Civic Arena.
5. Approved the hiring of John Kroenig as a seasonal part-time Manager-on-Duty at the Civic
Arena.
6. Approved the 2009 employer contribution to medical insurance and dental insurance
premiums for non-collective bargaining employees.
City Council Minutes
December 16, 2008
Page 2
7. Adopted the IRS mileage rate effective January 1, 2009. The IRS existing rate for 2008 is
58.5 cents per mile. Should the 2009 rate change, the City's reimbursement will
automatically adjust to the new rate.
8. Approved wage adjustment to the 2009 non-union Compensation Plan of 3.75% for all
regular non-collective bargaining employees, effective January 4, 2009 per City policy.
C. It was recommended to ratify the check registers dated November 27, 2008 and December 4, 2008.
D. It was recommended to approve the 2009 Enterprise Fund Budgets for Public Utilities (Water, Sewer,
Streetlighting, Storm Drainage, Water Quality), Cascade Bay, and Community Center Funds
E. It was recommended to approve the 2009 Special Revenue Fund Budgets for Housing, DWI Forfeiture,
Cable TV Franchise Fees and E-TV Funds
F. It was recommended to approve the 2009-2013 General Facilities Renewal and Replacement
Improvement Program and 2009 Budget
G. It was recommended to approve the 2009-2013 CIP Part II Vehicles and Equipment and 2009 Budget
H. It was recommended to approve the Senior Citizen Special Assessment Deferment Application -
Parcel 10-16700-080-11 / Project 953 (Cedar Grove 1st and 2nd Addition - Street Overlay and Utility
Improvements
1. It was recommended to approve the Process for Implementing and Funding Other Post Employment
Benefits to Meet Requirements of the Governmental Accounting Standard Board
J. It was recommended to accept the Bid for the Sale of Radio Equipment
K. It was recommended to approve the Application of a Grant from the Metropolitan Regional Arts
Council for a Community Arts Grant
L. It was recommended to approve the Change Order #3 for the Civic Arena Mezzanine
M. It was recommended to approve the Contract with Blue Cross Blue Shield for Fitness on the Road
N. It was recommended to approve the Contract 09-03 for Northview Park Field Lighting Replacement
0. It was recommended to approve the Tobacco License for David Ansari, Ansari's Mediterranean Grill
& Bar, 1960 Rahncliff Court
P. It was recommended to approve the Renewals of Existing Liquor licenses for 2009
Q. It was recommended to approve the On-Sale Liquor, Sunday License and Brew Pub Off-sale Malt
Liquor License for Granite City Restaurant Operations, Inc. dba Granite City Food & Brewery located
at 3330 Pilot Knob Road
R. It was recommended to approve the On-Sale Wine, Sunday Wine and 3.2 Percent Malt Liquor (Beer)
License for Cafe Chili Peppers USA LLC, dba Cafe Chili Peppers located at 1282 -A Town Centre
Drive
S. It was recommended to approve the On-Sale 3.2 Percent Malt Liquor (Beer) License for Village House
II, Inc. dba Que Viet - Village House located at 1272 Town Centre Drive
T. It was recommended to approve the Change in Management on the On-Sale Liquor License at Green
Mill Restaurant located at 1940 Rahncliff Court
U. It was recommended to approve the Change in Management on the Off-Sale 3.2 Percent Malt Liquor
(Beer) License at Cub Foods located at 1940 Cliff Lake Road
V. It was recommended to approve the Change in the Management on the Off-Sale 3.2 Percent Malt
Liquor (Beer License at Rainbow Foods located at 1276 Town Centre Drive.
W. It was recommended to approve the Change in Management on the Off-Sale Liquor and Off-Sale 3.2
percent Malt Liquor (beer) License at Sam's Club located at 3035 Denmark Avenue.
X. It was recommended to approve the 2009 Tobacco License Renewals
Y. It was recommended to approve the 2009 Trash Hauler License Renewals
Z. It was recommended to approve the 2009 Tree Maintenance Contractor License Renewals
AA. It was recommended to approve the 2009 Kennel and Pet Shop License Renewals
BB. It was recommended to approve the Final Planned Development and Final Plat for Venstar
CC. It was recommended to approve the Joint Powers Agreement with Dakota County CDA to Provide
Staffing Services for Processing of Housing Improvement Area Applications
DD. It was recommended to continue consideration of the Final Subdivision for Red Pine Crossing
EE. It was recommended to approve the Amendment to Purchase Agreement between the City and the
Community Development Agency for sale of Gold Trail Property
City Council Minutes
December 16, 2008
Page 3
FF. It was recommended to approve the Wetland Health Evaluation Program Joint Powers Agreement
GG. It was recommended to approve the Draft Feasibility Report for Project 980 Hampton Heights/Stoney
Point/Blackhawk Glen Street Improvements and Schedule Public Hearing for January 20, 2009
HH. It was recommended to approve the Draft Feasibility Report for Project 1000 Grace Drive Street
Improvements and Schedule Public Hearing for January 20, 2009
II. It was recommended to approve the Draft Feasibility Report for Project 1002 Pinecrest of Eagan Street
Improvements and Schedule Public Hearing for January 20, 2009
JJ. It was recommended to approve the Change Order No. 2 for Contract 08-08 (City-Wide Trail
Improvements)
KK. It was recommended to approve the 2009 Consulting Engineering Rates
LL. It was recommended to approve the Correction to Final Assessment Roll, Project 963, Nicols Road /
Nancy Circle (Street Overlay, 4235 Nicols Road)
MM. It was recommended to approve the Final Payment and Authorize City Maintenance of Contract 08-12
(Coventry Pond Neighborhood Rain Gardens)
NN. It was recommended to approve the Change Order No. 1 for Contract 08-02 (Lone Oak Lift Station -
Sanitary Sewer Improvements
00. It was recommended to accept the Bids for Equipment for E-TV Studio
PP. It was recommended to approve the Contract to coordinate and manage the 2009 Ice Show at the
Eagan Civic Arena
QQ. It was recommended to approve the 2009 Eagan Convention and Visitors Bureau Budget
RR. It was recommended to approve the Development Agreement Extension for Project 06-N, Oak Hills
Church
SS. It was recommended to approve the Body Art Establishment License for Leroy Jones (The Canvas
Tattoo Studio II), 4130 Blackhawk Road, Suite 114
TT. It was recommended to extend the timeframe for approval of 2009 liquor license applications to
January 20, 2009 requiring 2008 license holders to submit all renewal documents by January 12, 2009
in order for staff and the Police Department to have sufficient time to review the documentation
PUBLIC HEARINGS
2009 FEE SCHEDULE
City Administrator Hedges introduced this item regarding the 2009 Fee Schedule
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 close the public hearing and adopt a 08-50
resolution approving the 2009 Fee Schedule establishing fees for various City services, supplies and materials.
Aye: 4 Nay: 0
2008 (PAYABLE 2009) PROPERTY TAX LEVY
City Administrator Hedges discussed the proposed 2008 property tax levy.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the
Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve 08-51
the proposed 2008 (payable 2009) property tax levy as follows: Aye: 4 Nay: 0
City Council Minutes
December 16, 2008
Page 4
General Revenue:
General Fund $ 20,685,700
Equipment Revolving Fund 987,790
Gen Facilities R/R Fund 271,146
Major Street Fund 2,371,301
Fire Apparatus 400,000
Subtotal General Revenue 24,715,937
Debt service:
Community Center bonds 1,193,903
Total City-wide Levy $ 25,909,840
Cedarvale Special Services Dist. 3 000
PROPOSED 2009 GENERAL FUND BUDGET
City Administrator Hedges discussed the proposed 2009 General Fund Budget.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the
Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing and approve
the proposed 2009 General Fund budget. Aye: 4 Nay: 0
PROPOSED 2009 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET
City Administrator Hedges discussed the Cedarvale Special Services District budget for 2009.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the
Council. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the proposed 2009
Cedarvale Special Services District Fund budget.
VARIANCE - CRAIG WAGENKNECHT (4338 JENNIFER COURT)
City Administrator Hedges introduced this item regarding a proposed two and one-half percent variance from the 20
percent maximum building coverage standard in residential zoning districts for property located at 4338 Jennifer
Court. City Planner Ridley gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the
Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve a
two and one-half percent variance from the 20 percent maximum building coverage standard in Residential zoning
districts for property located at 4338 Jennifer Court, legally described as Lot 5, Block 2, Lexington Pointe 9t',
subject to the following conditions. Aye: 4 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 not exceed the size shown on the proposed building plans (deck and eyebrow)
received November 25, 2008.
3. Lot coverage shall not exceed 23%.
City Council Minutes
December 16, 2008
Page 5
PROJECT 976, AVALON AVENUE / BURNSIDE AVENUE STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding Avalon Avenue / Burnside Avenue street improvements.
Public Works Director Colbert discussed the 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 Tilley moved, Councilmember Hansen seconded a motion to approve Project 976, Avalon Avenue /
Burnside Avenue (Street Improvements) as presented and authorize the preparation of detailed plans and
specifications. Aye: 4 Nay: 0
Aye: 4 Nay: 0
PROJECT 977, ROBIN LANE STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements to Robin Lane. Assistant City
Engineer Gorder gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment he brought discussion back to the
Council.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to close the public hearing and approve
Project 977, Robin Lane (Street Improvements) as presented and authorize the preparation of detailed plans and
specifications. Aye: 4 Nay: 0
PROJECT 973, WINDTREE ADDITIONS STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements to Windtree Additions. Assistant
City Engineer Gorder gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment he brought discussion back to the
Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing and approve
Project 973, Windtree Additions (Street Improvements) as presented and authorize the preparation of detailed plans
and specifications. Aye: 4 Nay: 0
PROJECT 975, MARICE DRIVE / SHERMAN COURT / NORWEST COURT
STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements for Marice Drive, Sherman Court
and Norwest Court. Assistant City Engineer Gorder gave a staff report.
Mayor Maguire opened the public hearing.
Jeff Shuttock, owner of an office condo at 3356 Sherman Court requested that improvements be delayed until the
final building in the office complex is completed. He also questioned the allocation of the assessments. Assistant
City Engineer Gorder and Councilmembers discussed the scheduling of the improvements and the assessment
process.
There being no further public comment Mayor Maguire brought discussion back to the Council.
City Council Minutes
December 16, 2008
Page 6
Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and approve
Project 975, (Street Improvements) as presented and authorize the preparation of detailed plans and specifications.
Aye: 4 Nay: 0
US POSTAL SERVICE BULK MAIL FACILITY EASEMENT VACATION
City Administrator Hedges introduced this item regarding an easement vacation within the four United States Postal
Service properties at 3145 Lexington Avenue. Public Works Director Colbert gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment he brought discussion back to the
Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing considering
the vacation of public drainage and utility easements within the four United States Postal service properties at 3145
Lexington Avenue for later action as part of the Council's consideration of the USPS final plat. Aye: 4 Nay: 0
OLD BUSINESS
MASSAGE THERAPY ESTABLISHMENT LICENSE
CONSIDERATION OF FINDINGS OF FACT FOR REVOCATION OF MASSAGE THERAPY
ESTABLISHMENT LICENSE FOR LI LI, NEW STAR MASSAGE, 3906 CEDAR GROVE PARKWAY
and
MASSAGE THERAPY LICENSE
CONSIDERATION OF FINDINGS OF FACT FOR REVOCATION OF MASSAGE THERAPY LICENSE
FOR SHUFANG WANG
City Administrator Hedges discussed the background of these items regarding consideration of findings of fact for
the revocation of the Massage Therapy Establishment License for Li Li, New Star Massage, and the revocation of
the Massage Therapist License for Shufang Wang, noting that the City Council, at their November 6, 2008 meeting,
directed these issues to an administrative hearing. City Attorney Bauer discussed the options / actions before the
Council. Chief of Police McDonald addressed the recommendations made by the Administrative Hearing Officer,
noting that Section 6.03 of the City Code had not been provided to the Hearing Officer and was not taken into
consideration prior to his recommendation. Chief McDonald stated that the Police Department's recommendation is
for permanent revocation of the New Star Massage establishment license and the permanent revocation of the
Massage Therapist's license for Shufang Wang.
Councilmembers held a discussion.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to affirm the hearing officer's findings
regarding the revocation of the Massage Therapy Establishment License for Li Li, New Star Massage effective
immediately. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to reject the hearing officer's findings
regarding the Massage Therapist License for Shufang Wang and direct the City Attorney to draft findings for
revocation of the Massage Therapist License for Shufang Wang to be considered at the January 6, 2009 City Council
meeting. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to reject the hearing officer's findings
regarding the Massage Therapist License for Li Li and direct the City Attorney to draft findings of fact for the
revocation of the Massage Therapist License for Li Li to be considered at the January 6, 2009 City Council
meeting. Aye: 4 Nay: 0
City Council Minutes
December 16, 2008
Page 7
NEW BUSINESS
REZONING, CONDITIONAL USE PERMIT, VARIANCE, VACATION OF EASEMENTS
AND FINAL PLAT
UNITED STATES POSTAL SERVICE
City Administrator Hedges introduced this item regarding a Rezoning from (BP) Business Park to (I-1) Limited
Industrial for approximately 26.5 acres; a Conditional Use Permit to exceed the 25% impervious coverage for
development in a Shoreland Overlay District, a Variance to the exterior building surface material ordinance for a
detached storage building; a Vacation of easements within the USPS parcels in the WN 1/4 of Section 10; and a Final
Plat to create one lot upon approximately 92 acres generally located east of I-35E, west of Lexington Avenue and
South of Lone Oak Road. City Planner Ridley gave a staff report.
Jim Emerson, Jacobs Engineering Group, representing the applicant was present to answer questions.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Rezoning from (BP)
Business Park to (i-1) Limited Industrial, for approximately 26.5 acres generally located east of 1-3 5E, west of
Lexington Avenue and South of Lone Oak Road in the NW 1/4 of Section 10. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to
exceed the 25% impervious coverage for development in a Shoreland Overlay District, for property located on 92
acres located east of 1-3 5E, west of Lexington Avenue and South of Lone Oak Road in the NW 1/4 of Section 10,
subject to the following conditions: Aye: 4 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. A revised Landscape Plan shall be submitted to add coniferous trees and shrubs on the south perimeter
of the property for year round screening and to replace the deciduous trees at the employee entrance
with ornamental trees and shrubs.
3. Signage shall comply with City Sign Code requirements.
4. The addition shall comply with all other applicable Zoning Ordinance provisions.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to the exterior
building surface material ordinance for a detached storage building for the property located on 92 acres located east
of I-35E, west of Lexington Avenue and South of Lone Oak Road in the NW 1/4 of Section 10, subject to the
following conditions: Aye: 4 Nay: 0
1. This Variance shall be recorded at Dakota County within 60 days of approval by the City Council.
2. 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.
3. The detached storage building shall be constructed of ribbed metal panels in a natural color.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Vacation of easements
within the United States Postal Service parcels in the NW 1/4 of Section 10. Aye:4 Nay: 0
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Final Plat to create one lot
upon approximately 92 acres located east of I-35E, west of Lexington Avenue and South of Lone Oak Road in the
NW 1/4 of Section 10. Aye: 4 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items.
City Council Minutes
December 16, 2008
Page 8
ADMINISTRATIVE AGENDA
There were no items.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:15 p.m.
Date Administrative Secretary / Deputy Clerk