09/02/2008 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
September 2, 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. 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, September 2, 2008 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hunter. Councilmember
Tilley was absent. 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
City Administrator Hedges noted that under item B of New Business, Council would be asked to consider retaining
a consultant to assist with drafting the vision document for the property formerly known as Carriage Hills Golf
Course.
He also noted that a closed session would be held regarding Cedar Grove issues.
Councilmember Hunter moved, Councilmember Bakken 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 Hedges noted that item D regarding the appointment of legal service providers would be
continued to the September 16 Council meeting due to requests made by Councilmembers for additional
information.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as
amended. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the August 19, 2008 regular City Council meeting and the
July 22, 2008 Special City Council meeting as presented.
B. Personnel Items
1. Acknowledged resignation of Elizabeth Bentson, part time police clerical technician
2. Acknowledged resignation of Kirk Partello, utility field maintenance worker
C. It was recommended to ratify the check registers dated August 21, 2008 and August 28, 2008.
D. CONTINUED TO 9/16/08 : Appointment of the general legal services provider for the City of Eagan; the
appointment of prosecution legal services for the City of Eagan; and the appointment of the labor legal
services provider for the City of Eagan.
E. It was recommended to approve the off-sale liquor license for Kowalski Companies, Inc., dba Kowalski's
Eagan Wine Market, 1646 Diffley Road.
F. It was recommended to approve a contract with TKDA for the provision of consulting services related to
the development of plans and specifications for the upgrade of lighting at Northview Park and authorize
the Park and Recreation Director to sign the contract.
G. It was recommended to approve the Subrecipient Agreement with the Dakota County CDA for
Administration of CDBG Funding Program.
H. It was recommended to acknowledge withdrawal of assorted applications by Select Senior Living for
property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition.
1. It was recommended to approve a 90-day extension of time to record the final plat for Red Pine Crossing,
located south of Red Pine Lane and east of Hwy. 3 in the SE 1/4 of Section 36.
08-40
Eagan City Council Meeting Minutes
September 2, 2008
Page 2
J. It was recommended to adopt a resolution approving an application for exempt permit for Faithful
Shepherd Catholic School to conduct a raffle on January 31, 2009 at 3355 Columbia Drive.
K. It was recommended to receive the petition to vacate public right-of-way easement within the Diffley
Marketplace plat and schedule a public hearing to be held on October 7, 2008.
L. It was recommended to award Contract 08-12 (Coventry Pond Neighborhood - Rain Garden
Improvements), to Mike's Lawn & Landscape, for the Base Bid and Alternate in the amount of $88,321,
and authorize the Mayor and City Clerk to execute all related documents.
M. It was recommended to approve change Order No. 1 to Contract 07-07 (Dodd Road / Dodd Parkside -
Sanitary Sewer Lift Station Improvements) and authorize the Mayhor and City Clerk to execute all related
documents.
N. It was recommended to approve a Final Planned Development for Lot 1, Block 1, Blue Gentian Corporate
Center, located east of Highway 55 and north of Blue Gentian Road in the NW 1/4 of Section 2.
0. It was recommended to approve the consultant agreement with AVI Systems of Edina as the consultant to
design technical and equipment specifications and provide final operational testing of the new studio and
master control for Eagan Television (E-TV).
PUBLIC HEARINGS
REQUEST BY ECUMEN FOR CITY TO ACT AS A CONDUIT FOR BONDS FOR EXPANSION OF
CENTENNIAL HOUSE SENIOR HOUSING FACILITY IN APPLE VALLEY
City Administrator Hedges introduced this item regarding the issuance of Health Care Revenue Bonds in
connection with Ecumen-Centennial Campus project in Apple Valley. Community Development Director
Hohenstein gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Hunter seconded a motion to approve a resolution authorizing the
issuance of Health Care Revenue Bonds and to authorize the execution of various documents in connection with 08-41
Ecumen-Centennial Campus project in Apple Valley. Aye: 3 Nay: 0 Abstained: Bakken
NEW BUSINESS
CERTIFICATION OF PRELIMINARY 2009 BUDGET AND PROPERTY TAX LEVY, SETTING OF
TRUTH-IN-TAXATION HEARING DATES, AND CONSIDERATION OF AN ORDINANCE
AMENDMENT TO CHAPTER 2.11 TO MODIFY THE SALARIES OF
THE MAYOR AND CITY COUNCIL
City Administrator Hedges discussed the preliminary 2009 Budget and property tax levy. He noted that Council
had reviewed and discussed the proposed budget at previous work sessions.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the preliminary payable
2009 property tax levy as follows: Aye: 4 Nay: 0
General Revenue levy:
General Fund $20,685,700
Major Street Construction Fund 2,371,301
Equipment Revolving Fund 987,790
Fire Apparatus 400,000
General Facilities Renew/Replace Fund 322,616
Subtotal - General Revenue levy 24,767,407
Community Center bonds debt service 1,193,903
Cedarvale Special Services District 3,000
Eagan City Council Meeting Minutes
September 2, 2008
Page 3
Total levy $ 25,964,310
Mayor Maguire moved, Councilmember Bakken seconded a motion to approve the preliminary 2009 General Fund
expenditure budget, including contingency, of $27,729,200. Aye: 4 Nay: 0
Councilmember Hunter moved, Councilmember Bakken seconded a motion to set the initial Truth-in-Taxation
hearing date for Monday, December 1, with a continuation hearing date (if necessary) of Monday, December 8.
Aye: 4 Nay: 0
Discussion was held regarding the modification of Mayor and City Council salaries. It was the consensus of the
majority of the Council to raise the annual salary of the Mayor to $13,625 and raise the annual salaries of the
Council to $10,000.
Mayor Maguire moved, Councilmember Fields seconded a motion to approve an ordinance amendment to Chapter
2.11 of the Eagan City Code modifying the salaries of the Mayor and City Council to be effective January 1, 2009.
Aye: 3 Nay: 1 Bakken opposed.
Mayor Maguire reopened discussion of item E of the Consent Agenda regarding an off-sale liquor license for
Kowalski 's Eagan Wine Market. Melina To, who owns a nearby liquor store, did not understand that she could
ask to have the item discussed prior to action on the Consent Agenda and wanted to express her opposition to the
liquor license due to the effect it could have on her business. Councilmembers explained to Ms. To that they felt
her business would not be adversely effected by Kowalski 's store. No changes were made to the action on this
item.
RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING UP TO $10,250,000 IN GENERAL
OBLIGATION BONDS AND CALLING FOR AN ELECTION THEREON
City Administrator Hedges discussed this item regarding the desirability of the issuance and sale of general
obligation bonds for the purpose of acquiring approximately 120 acres of land formerly known as Carriage Hills
Golf Course for public facilities, recreation, and open space uses.
Mayor Maguire discussed the framework of the ballot question.
Councilmembers held a discussion noting that the open houses had been a valuable tool to begin formulating the
visioning document. It was also noted that should a particular use of the property be mentioned in the visioning
document it would not mean that use would necessarily be the actual use once the property is purchased.
Ron Smith, 4280 Sequoia Drive, spoke suggesting that the wording on the ballot be exact as to the proposed use of
property.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the resolution determining
the desirability of issuing up to $10,250,000 in General Obligation Bonds and calling for an election thereon. 08-42
Aye: 4 Nay: 0
City Administrator Hedges discussed the visioning statement and suggested that Hoisington Koegler Group, Inc.
be hired as a consultant for the visioning document.
Councilmember Fields moved, Councilmember Hunter seconded a motion to retain HKG to assist in the writing of
the visioning document not to exceed $2,000. Aye: 4 Nay: 0
CONDITIONAL USE PERMIT - DART TRANSIT COMPANY
City Administrator Hedges introduced this item regarding a conditional use permit to allow a ten foot security
fence for DART Transit. City Planner Ridley gave a staff report.
Eagan City Council Meeting Minutes
September 2, 2008
Page 4
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to
allow a ten foot security fence for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan
Addition, 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, and proof of recording submitted to the City.
2. The fence shall be constructed and maintained in accordance with City Code requirements.
3. The fence shall be located as depicted on the Site Plan dated May 15, 2008.
4. If barbed wire is utilized, it shall be located directly above the fence or angled into the property.
CONDITIONAL USE PERMIT - PAMELA OETTINGER
City Administrator Hedges introduced this item regarding a conditional use permit to exceed the maximum 25%
impervious surface requirement by 5.6% for property located at 716 McFaddens Trail. City Planner Ridley gave a
staff report.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to
exceed the maximum 25% impervious surface requirement by 5.6% for property located at 716 McFaddens Trail,
legally described as Lot 7, Block 2, Manley Addition; 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. The impervious surface of this lot shall not exceed 23% per the Site Plan received July 14, 2008.
3. The pervious pavers shall be designed to allow infiltration into the ground of at least the first 1/2" of
stormwater runoff, with this runoff not leaving the lot area after infiltration.
4. The pervious pavers shall be installed according to the design criteria and according to the guidance of the
Minnesota Stormwater Manual, with technical assistance from the Dakota County Soil and Water
Conservation District as appropriate, and the installation shall be overseen and inspected by City staff at
the time of installation.
5. The applicant shall provide a $500 escrow deposit for inspection of the paver installation.
6. The rear yard paver patio shall be removed.
7. The applicant shall discharge water from the pool in a form and manner acceptable to the Water
Resources Coordinator.
8. The applicant shall properly maintain the permeable pavers to sustain the infiltration rate according to the
design criteria.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting was recessed at 8:40 p.m. to immediately convene a meeting of the Economic
Development Authority.
The regular City Council meeting was reconvened at 8:45 p.m.
ADMINISTRATIVE AGENDA
There were no items.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Bakken moved, Mayor Maguire seconded a motion to adjourn the meeting at 8:50 p.m.
Eagan City Council Meeting Minutes
September 2, 2008
Page 5
Administrative Secretary / Deputy City Clerk Date