12/11/2006 - City Council Special
MINUTES
SPECIAL CITY COUNCIL MEETING
DECEMBER 11, 2006
5:30 P.M.
CITY COUNCIL CHAMBERS ? EAGAN MUNICIPAL CENTER
City Councilmembers present: Acting Mayor Carlson, Councilmembers Maguire, and
Tilley. Mayor Geagan was absent due to being hospitalized for scheduled surgery.
Councilmember Fields was returning from an out of town conference.
City staff present: City Administrator Hedges, Director of Administrative Services
VanOverbeke, Director of Community Development Hohenstein, Director of Public Works
Colbert, Director of Parks and Recreation Johnson, and Superintendent of Streets and Equipment
Struve.
I. ROLL CALL AND AGENDA ADOPTION
Acting Mayor Carlson called the meeting to order. Councilmember Tilley moved;
Councilmember Maguire seconded a motion to adopt the agenda.
Aye: 3; Nay: 0
II. VISITORS TO BE HEARD
There were no visitors to be heard.
III. CONSIDER ORDINANCE AMENDMENT REGARDING EGG LAYING
CHICKENS IN RESIDENTIAL AREAS
City Administrator Hedges introduced this item and provided background on the request
for an ordinance amendment to allow egg laying chickens in residential areas on property not
zoned agricultural and of at least five acres in size. The proponent of the ordinance change, Ms.
Heather Goff, further explained the rationale behind the request, the research her family has
undertaken, and the results of neighborhood discussions. The City Council expressed general
support for the ordinance as it is currently written and stated numerous concerns with the
proposed changes, including the potential impact on neighbors, the need for more than a city lot
to harbor farm animals, the potential for future similar requests for larger farm animals like goats
and horses, and the suburban versus rural environment. Potential methods to limit problems and
to provide an annual review process for permits, if the ordinance were changed were discussed.
The City Council then directed staff to complete additional research. Staff is to provide
information on the following: 1) How much space is required to house chickens without being
abusive to them (noting the difference between being housed in a coup and running loose in a
yard), 2) Is it legal in Eagan as a statutory city to provide for neighborhood approval as part of
the approval process for the issuance of permits, 3) Is there any national research available
regarding access to organic foods primarily in suburban settings; and 4) What additional
information might be available in other cities to help explain their ordinances and issuance or
non-issuance of permits to harbor farm animals on residential lots.
The City Council took a recess at 6:12 p.m. and reconvened at 6:16 p.m.
IV. CONSIDER POLICY FOR MAIL AND PAPER BOX INSTALLATION
GUIDELINES
City Administrator Hedges introduced this item and provided background on the purpose
for this policy matter to be under consideration. He noted the need for the City Council to
approve and for the Community to be aware of policies related to the installation, maintenance,
and repair/replacement of mail and paper boxes. Director of Public Works Colbert further
explained that staff desired to: 1) provide insights into the current and proposed policies, 2)
outline methods to achieve community compliance; and 3) firm up the policy to define and limit
the City?s liability when mail and or paper boxes are damaged primarily through City snow
plowing operations. Superintendent of Streets and Equipment Struve provided additional
background on typical activity and the response from citizens when the boxes are damaged. He
stated that the boxes are very seldom damaged during City operations, if the boxes are installed
in accordance with the specifications. He described the new simplified plate that is available for
distribution to assist in proper installation of new and/or replacement boxes, how staff will
incrementally notify the community of the revised policy and will work with citizens on
implementation. Staff explained the desire to coordinate improvements and replacements in
neighborhoods with other refurbishments that are undertaken including street resurfacing, street
lighting, and tree trimming. Further, the City can help with financing through the assessment
process, if the work is coordinated. Since the box installations are essentially undertaken in
public right of way without a permit, the liability question is paramount and the dollar amount of
the exposure even if the damage is the responsibility of the City should not be driven by
architectural choices made by property owners.
The Council concurred with implementation beginning in the spring of 2007 with the
new policy not enforced during the winter of 2006/2007. The Council observed that problems
seem more frequent with newspaper boxes than with mail boxes and asked that ADS be notified
in addition to the property owner since many paper boxes are installed by the company at no
charge to the property owner. Staff reported that there will be street overlays in 6 or 7
neighborhoods in 2007 affecting approximately 2000 properties and further noted that regardless
of the type of mail or paper box, single or multiple, everything is subject to the policy and
installation standards. The City Council desires to make it clear in communications that the City
is not telling the homeowners what they must do, but only about liability consequences, resulting
from improper installation and/or lack of structural maintenance.
After considerable discussion about the appropriate liability limitation, the City Council
concurred that the policy should contain a maximum City payment of $50 for the support, $25
for the mail box and $25 for a structural paper box (not a plastic one provided by a carrier); if
there was proper installation and damages result from City operations. The maximum payments
include both materials and installation.
The City Council directed that the modified policy should be further developed and
placed on a future consent agenda for formal approval.
V. OTHER BUSINESS
There was no other business.
VI. ADJOURNMENT
At 6:56 p.m.Councilmember Maguire moved; Councilmember Tilley seconded a motion
to adjourn.
Aye: 4; Nay: 0