05/19/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
May 19, 2009
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. There were no
visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, May 19, 2009 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 Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City
Engineer Russ Matthys, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira
Pepper.
AGENDA
City Administrator Hedges noted that there will be a Closed Session to discuss the appellate ruling for the
Larson Automotive, U-Haul and Quam properties in Cedar Grove.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as presented. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the May 5, 2009 regular City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Steve McBride as a seasonal street
maintenance worker.
2. It was recommended to approve the hiring of summer seasonal staff for Recreation.
3. It was recommended to approve the hiring of summer seasonal staff for Cascade Bay.
C. It was recommended to ratify check registers dated April 30, 2009, and May 7, 2009 as presented.
D. It was recommended to adopt a Proclamation saluting 150 years of continuous education by
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Independent School District 197.
E. It was recommended to direct staff to submit the 2008 Draft Comprehensive Guide Plan Update to
the Metropolitan Council for formal review.
F. Removed.
G. It was recommended to approve the plans and specifications for Contract 09-08 (Citywide Trail
Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Thursday, June 25, 2009.
H. It was recommended to award Contract 09-10 (Yankee Doodle Road / Yankee Drive / Rahncliff / Cliff
Lake Road – Street and Median Landscape Improvements) to McNamara Contracting, Inc., for the
base bid of $841,285.10 and the alternate bid in the amount of $4,021.00 for a total amount of
$845,306.10 and authorize the Mayor and City Clerk to execute all related documents.
I. It was recommended to proclaim June, 2009 as Eagan Lakes Appreciation Month and authorize the
Mayor and City Clerk to execute all related documents.
City Council Minutes
May 19, 2009
Page 2
J. It was recommended to authorize staff to enter into an agreement with the McKinstry Company to
conduct energy audits of City buildings and facilities, and to prepare a Federal Recovery Act Energy
Efficiency and Conservation Block Grant application on behalf of the City.
K. It was recommended to approve the temporary 3.2 percent malt liquor license for the Eagan Lions
Club for the Fourth of July celebration (July 3-4, 2009) and waive the $25 license fee.
L. It was recommended to direct the City Attorney’s office to prepare an ordinance amendment to
Chapter 10 regarding dangerous dogs.
M. It was recommended to approve a Premise Permit for St. Paul Midway Lions Club Foundation, Inc. to
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conduct Pull-tab operations at Time Out Restaurant, 2864 Highway 55.
N. It was recommended to approve an extension of the On-Sale Liquor License for Mediterranean
Cruise Café located at 3945 Sibley Memorial Highway to allow outdoor liquor service in a fenced-in
area (adjacent to the building and patio) on May 30 and 31, 2009.
O. It was recommended to approve the off-sale liquor license for Marko Erian, Inc., dba E & M Liquor,
1444 Yankee Doodle Road.
P. It was recommended to approve a license to sell tobacco products for Marko Kamel, E & M Liquor,
located at 1444 Yankee Doodle Road.
PUBLIC HEARINGS
PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK
STORM SEWER IMPROVEMENT
City Administrator Hedges introduced this item regarding Project 858, Sibley Terminal Industrial Park –
Storm Sewer Improvement. City Engineer Matthys gave a staff report.
Mayor Maguire opened the public hearing.
Todd Johnson discussed the history and drainage issues of the property and the need for the project to
proceed. However, he also objected to the amount of his proposed assessments stating that, since the
drainage is being improperly directed onto his property by a ditch block in TH 13, his property is not able
to develop because of the flow coming from a larger upstream drainage area.
There being no further public comment, Mayor Maguire turned discussion back to the Council with follow
up questions to staff.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue the public hearing
for Project 858 indefinitely. Aye: 4 Nay:0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 858 (Sibley
Terminal Industrial Park – Storm Sewer Improvement) and authorize the preparation of detailed plans and
specifications and acquisition of an appraisal for the affected properties. Aye: 4 Nay: 0
OLD BUSINESS
There were no Old Business items.
NEW BUSINESS
CONDITIONAL USE PERMIT – MAGGIE MELL
City Administrator Hedges introduced this item regarding a request for conditional use permits to allow
boarding of up to nine horses and a riding arena located at 4085 Lexington Avenue South. City Planner
Ridley gave a staff report.
City Council Minutes
May 19, 2009
Page 3
John Schonberg and Maggie Mell, applicants, discussed their plans for the property.
Pete Ramstad, adjoining property owner to the south, expressed concern in regard to the process and
procedures followed for the conditional use permit. He further expressed concern in regard to manure
management, the density of horses, clearing of trees on the property, possible encroachment into Patrick
Eagan Park, and future use of the property should a conditional use permit be issued.
Three area property owners expressed their support for the proposed use of the property.
Staff and Council addressed the questions and concerns of Mr. Ramstad.
Mayor Maguire stated his support for the proposed horse boarding but suggested that he would approve
an interim use permit rather than a conditional use permit due to the fact that a conditional use permit
runs with the property and should the property be sold in the future, the City Council would like an
opportunity to visit with the new owners.
It was the consensus of the Council that an interim use permit would be the preferred method with which
to consider the boarding of animals. It was noted that said application request would have to go back
before the Advisory Planning Commission. Councilmembers and staff discussed conditions that should
apply to the permit.
Mayor Maguire moved, Councilmember Bakken seconded a motion to continue, until July 7, 2009,
consideration of a Conditional Use Permit to allow boarding of up to nine (9) horses for Maggie Mell
located at 4085 Lexington Avenue South Aye: 4 Nay: 0
Mayor Maguire moved, Councilmember Tilley seconded a motion to waive the application fee for an
interim use permit for Maggie Mell. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit to allow a riding stable on property consisting of approximately 5 acres located at 4085 Lexington
Avenue South, in the SE ¼ of Section 22 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 property shall be platted prior to issuance of a building permit.
3. The riding stable shall meet a minimum fifty-foot setback from all property lines.
4. A building permit shall be obtained prior to construction of the riding stable.
5. A building permit shall be obtained for the existing southern run-in.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges discussed the scheduled closing of the north parallel runway at MSP Airport
for reconstruction. Assistant to the City Administrator Miller made a brief presentation. A proposed letter
to the FAA was discussed.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve correspondence to
the FAA regarding the use of airspace during the reconstruction of Runway 12L/30R. Aye: 4 Nay: 0
ADMINISTRATIVE AGENDA
There were no action items on the Administrative Agenda.
City Council Minutes
May 19, 2009
Page 4
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:20
p.m.
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk