02/03/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
February 3, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Lee Moeller discussed his concern over
chemicals used in the Postal Service buildings and stated he felt an investigation should be conducted to
verify what chemicals would be used in the new Postal Service building to be located in Eagan. Mayor
Maguire explained that the City does not have jurisdiction over the USPS and suggested that Mr. Moeller
contact Congressman John Kline's office.
A regular meeting of the Eagan City Council was held on Tuesday, February 3, 2009 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and
Hansen. 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 announced that a Closed Session would be held regarding easements for the
alum dosing station sediment basin project, and the acquisition of property for the relocation of Fire
Station 2 and a web domain site.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the January 20, 2009 regular City Council meeting
and the minutes of the January 13, 2009 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of a person to be named as Utility Billing/Special
Assessments Clerk.
2. It was recommended to approve the hiring of Nathan Rank as a part-time seasonal Building
Attendant II at the Civic Arena.
3. It was recommended to approve the hiring of Seborn Yancy as a Fitness Attendant at the
Community Center.
4. It was recommended to approve the hiring of Jeff Anderson as a part-time cablecaster for E-TV.
C. It was recommended to ratify check registers dated January 15, January 22 and January 28, 2009
as presented.
D. It was recommended to approve the renewal of a Tree Maintenance Contractor License for
Precision Landscape and Tree, Inc.
E. It was recommended that a $1000 donation from Cub Foods to the Police Department be accepted.
F. It was recommended that a $1000 donation from Cub Foods to the Fire Department be accepted.
G. It was recommended to receive the Draft Feasibility Report for Project 981, (Rahncliff / Cliff Lake
Road / Rahn Road - Street Improvements) and schedule a public hearing to be held on March 3,
2009.
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February 3, 2009
Page 2
H. It was recommended to receive the Draft Feasibility Report for Project 964, (Yankee Doodle Road /
Yankee Drive - Street Improvements) and schedule a public hearing to be held on March 3, 2009.
I. It was recommended to approve the plans and specifications for Contract 09-01 (Citywide Street
Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,
March 12, 2009.
J. It was recommended to authorize the preparation of detailed final plans and specifications for
Contract 09-04 (Fish Lake Alum dosing Station and Sediment Basin - Water Quality Improvements)
that may be let within 2 years after said authorization, and the acquisition of right-of-way and
easements through quick-take Eminent Domain, if necessary.
K. It was recommended to approve the final payment for Contract 08-04 (Citywide - Street Overlays) in
the amount of $68,512.67 to McNamara Contracting, Inc., and accept the improvements for
perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve the 2009 Parks and Recreation Department CIP for park
improvements.
M. It was recommended to approve the renewal of a one year contract with Dakota County for the
provision of Sentence to Service work crews and authorize the Mayor and City Clerk to execute the
appropriate documents.
N. It was recommended to approve the 2009 Use Agreement and authorize the Mayor and City Clerk to
sign the agreement with Blue Cross / Blue Shield (BCBS) that allow use of BCBS property for
community soccer games and related activities.
0. It was recommended to schedule a Special City Council Workshop on Tuesday, February 24, 2009.
PUBLIC HEARINGS
There were no public hearings.
NEW BUSINESS
PRELIMINARY SUBDIVISION (ESTEN NORVIN OAKS) - ESTEN RUSTEN
City Administrator Hedges introduced this item regarding a Preliminary Subdivision of .87 acres to create
two single family lots for property located at 4870 Rusten Road. City Planner Ridley gave a staff report.
Councilmember Bakken moved, Councilmember seconded a motion to approve a Preliminary Subdivision
of .87 acres to create two single family lots for property located at 4870 Rusten Road in the SE of
Section 31, subject to the following conditions: Aye: 5 Nay: 0
1. The property shall be platted.
2. A garage shall be constructed on Lot 1 to meet City Code requirements prior to release of the
mylars for recording of the Final Subdivision.
3. This development shall be responsible for a cash park and trails dedication based on the
rates in effect at the time of Final Subdivision.
4. An individual lot tree preservation plan shall be submitted at the time of building permit
application for Lot 2, Block 1.
5. A cash dedication in lieu of on-site water quality ponding shall be required for this
development, consistent with City policies and city Code §4.33.
6. Prior to application for final subdivision, the applicant shall have the wetland delineated and
assessed by a Certified Wetland Delineator, according to City Code §11.67.
COMPREHENSIVE GUIDE PLAN AMENDMENT - MVTA
City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment
that would change the land use designation from MnDOT right-of-way, to SA, special Area, for property
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February 3, 2009
Page 3
located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-way. City Planner Ridley gave a
staff report.
Beverly Miller, Representing the MVTA discussed the plans for the proposed transit facility.
Councilmember Tilley moved, Councilmember Bakken 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 MnDOT right-of-way, to SA, Special Area, for property located at Cedar Grove Parkway
and Nicols Road on MnDOT right-of-way in the NE of Section 19. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT - PEANUT'S PLACE
City Administrator Hedges introduced this item regarding a conditional use permit to allow a dog daycare
and grooming facility with overnight boarding of dogs and outdoor runs located at 1904 Shawnee Road.
City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow a dog daycare and grooming facility with overnight boarding of dogs and outdoor runs
located at 1904 Shawnee Road, legally described as Lot 4, Block 2, Cedar Industrial Park, in the SW of
Section 17, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not
exceed 50. The number of overnight boarding kennels shall not exceed 30.
3. Staff hours of operation for boarded animals shall be 6:00 a.m. to 8:00 p.m. every day.
4. Customer service hours shall be 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. to
6:00 p.m. Saturday and Sunday.
5. Inspection by the Animal Control Officer shall occur prior to opening.
6. The applicant shall maintain a current kennel license.
7. The premises shall be open for inspection by the City and the City shall have the right to inspect
the premises.
8. All signage is subject to City Code requirements.
9. The perimeter of the site shall be secured with a six-foot privacy fence.
10. The applicant shall provide a revised Site Plan removing outdoor play area from emergency
vehicle access areas, subject to approval by the City Fire Marshal.
11. The designated bathroom area for the animals shall be cleaned daily.
12. A portion of the outdoor play area shall have a canopy/shade area from May 1 through October 1.
ORDINANCE AMENDMENT - AIRPORT NOISE ATTENUATION ORDINANCE
City Administrator Hedges introduced this item regarding requirements for sound attenuation
construction methods and an Ordinance Amendment to City Code, Chapter 11, adopting land use
standards and policy boundaries relating to airport noise attenuation. Community Development
Director Hohenstein gave a staff report.
Council held a discussion relative to the level of construction to achieve noise attenuation standards.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a
recommendation by the Advisory Planning Commission to apply the requirements for sound
attenuation construction methods under the ordinance to properties that have previously received
sound attenuation treatments under the original MAC sound insulation program, if those homes are
demolished and replaced by new homes. Aye: 5 Nay: 0
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February 3, 2009
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Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Ordinance
Amendment to City Code, Chapter 11, adopting land use standards and policy boundaries relating to
airport noise attenuation for property in the vicinity of the Minneapolis - St. Paul International Airport.
Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items to be discussed.
The regular City Council meeting was recessed at 7:14 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular City Council meeting reconvened at 7:25 p.m.
ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:30
p.m.
Date Administrative Secretary / Deputy Clerk