07/15/2008 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
July 15, 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 Tilley. Susan Johnson, an applicant for the Council vacancy who was unable
to attend the interview on July 8, was present to introduce herself to the Council and express her continued interest
in being considered for the Council position.
A regular meeting of the Eagan City Council was held on Tuesday, July 1, 2008 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Tilley. Also present were
City Administrator Tom Hedges, Community Development Director Jon 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 noted that two items will be added under Recognitions and Presentations. He also noted
that item B under Old Business would be continued.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended.
Aye: 4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Severine Jullien of Leon, France who will be interning in the City Administrator's office for the month of July was
introduced.
Eagan's designation by Money Magazine as the 17"' best place to live in America's small cities for 2008 was
noted.
Mayor Maguire discussed the upcoming open space meetings regarding the Carriage Hills property.
CONSENT AGENDA
Item F was pulled for comment by Councilmember Bakken.
Item R was pulled for comment by Mayor Maguire.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as
presented. Aye:4 Nay: 0
A. It was recommended to approve the minutes of the July 1, 2008 regular City Council meeting and the June
12, 2008 Special City Council meeting as presented.
B. Personnel Items
1. Acknowledged the promotion of Dan Tocko to Sergeant effective July 1, 2008.
2. Ratified Memo of Understanding between the City of Eagan and LELS representing Local 185
(Sergeants) regarding the implementation and participation of employees in the Post Retirement
Health Care Savings Plan.
C. It was recommended to ratify the check registers dated July 3, 2008 and July 9, 2008 as presented.
D. It was recommended to approve a Tobacco License for Chip Ly Lim, Comer's Liquor, 3090 Courthouse
Lane.
E. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School
and waive the $150.00 license fee.
F. It was recommended to approve and sign two separate Joint Powers Agreements with the City of St. Paul
for public safety and security mutual aid during the events of the Republican National Convention.
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July 15, 2008
Page 2
G. It was recommended to award contracts for purchase of two replacement fire engines with final contract 08-32
language subject to approval by the City Attorney's Office and City staff and to approve a reimbursement
resolution.
H. It was recommended to authorize the issuance of a request for proposal for development of government
optical fiber network between the City of Eagan, Dakota County, Dakota County Community
Development Agency, and the State of Minnesota Office of Enterprise Technology.
1. It was recommended to approve Change Order #1, which is a total deduct amount of $12,447 for the
Eagan Civic Arena West Mezzanine construction.
J. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it
relates to accessory structures.
K. It was recommended to authorize the preparation of a resolution to allow a temporary (5 year) deferment 08-33
for MVTA to comply with the MPCA noise attenuation standards for the Cedar Grove Transit Station.
L. It was recommended to approve a contract for Servicemaster to continue the janitorial service for the
Municipal Building, Police Facility, Fire Administration Building, Maintenance Facility and the North
Treatment Plant.
M. It was recommended to approve an amendment to the Development Agreement providing for the
extension of contract completion dates for Eagan Hills Alliance Church Addition.
N. It was recommended to approve Change Order No. 3 for Contract 07-04 (Boulder Lakes - Street and
Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents.
0. It was recommended to acknowledge the completion of improvements for City Project No. 04-P (Grand
Oak Five) under terms of the Development Agreement and authorize perpetual City maintenance subject
to warranty provisions.
P. It was recommended to award Contract 08-10 (Patrick Eagan Park - Parking Lot Improvements) to
Peterson Companies, Inc., for the base bid amount of $117,985 and authorize the Mayor and City Clerk to
execute all related documents.
Q. It was recommended to approve the General Fund Park Departmetn as the funding source for the
Hoisington Koegler Group Inc. Meeting Facilitation Services - Carraige Hills public input.
R. It was recommended to adopt a proclamation recognizing August 5, 2008 as "National Night Out" in 08-34
Eagan.
S. It was recommended to approve Change Orders #2 and #3 to Contract 07-05 (Re-roofing - South Water
Treatment Plant), and authorize the Mayor and City Clerk to execute all related documents.
APPOINTMENT TO CITY COUNCIL VACANCY
Mayor Maguire discussed the appointment process for filling the vacancy on the City Council left by Peggy
Carlson on June 20, 2008. He noted that ten citizens had applied for the position. City Administrator Hedges
described the voting process. After one round of voting, Shawn Hunter was selected as Councilmember to serve
for the next four months.
Councilmember Bakken moved, Councilmember Fields seconded a motion to appoint Shawn Hunter to fill the
vacancy on the City Council. Aye: 4 Nay: 0
PUBLIC HEARINGS
VARIANCE - FACTORY MOTOR PARTS (1380 CORPORATE CENTER CURVE)
City Administrator Hedges introduced this item regarding a request for a variance of 39 feet to the 60-foot building
setback requirement from Pilot Knob at 1380 Corporate Center Curve. City Planner Ridley gave a staff report.
The applicant, Jeff Soutar, answered questions of the Council.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned
discussion back to the Council.
Mayor Maguire and councilmembers discussed the need for the Variance and other possible options.
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July 15, 2008
Page 3
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a variance of 39 feet to the 60-
foot building setback requirement from Pilot Knob for Lot 2, Block 2, Eagandale Office Park 2"d Addition, 1380
Corporate Center Curve subject to the following conditions: Aye: 3 Nay: 1 Mayor Maguire opposed.
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. Final construction shall adhere to the site and elevation plans dated July 1, 2008.
3. Landscaping, as shown on the Landscaping Plan dated July 1, 2008 shall be installed not later than
November 1, 2008.
VARIANCE - 4655 NICOLS ROAD (SHIMELFARB, INC.)
City Administrator Hedges introduced this item regarding a request for a variance to allow a detached trash
enclosure for property at 4655 Nicols Road. City Planner Ridley 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 Tilley moved, Councilmember Bakken seconded a motion to approve a variance to allow a
detached trash enclosure for property at 4655 Nicols Road, legally described as Lot 3, Block 1, Cedarview
Addition, located in the NW 1/4 of Section 31 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
2. A building permit shall be obtained prior to commencing construction.
3. The wood cedar gates should be on a galvanized steel frame to provide greater stability and durability to
the gates.
VARIANCES - 4651 NICOLS ROAD (SERVICEALL, INC.)
City Administrator Hedges introduced this item regarding a variance to allow a detached trash enclosure, and a
variance of 37' to the minimum required structure setback of 50' from a state highway, for property at 4651 Nicols
Road. City Planner Ridley gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a variance to allow a
detached trash enclosure, and a Variance of 37' to the minimum required structure setback of 50' from a state
highway, for property at 4651 Nicols Road, legally described as Lot 2, Block 1, Cedarview Addition, located in the
NW 1/4 of Section 31. Aye: 4 Nay: 0
OLD BUSINESS
GENERAL OBLIGATION STATE-AID ROAD BONDS
City Administrator Hedges introduced this item regarding the sale of $4,165,000 General Obligation State-Aid
Road Bonds, Series 2008A; and the engagement of Springsted, Inc to perform future continuing disclosure
reporting and arbitrage rebate calculation requirements. Dave MacGillivray of Springsted presented the bids and
recommended action.
08-35
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July 15, 2008
Page 4
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Resolution awarding the
sale of $4,165,000 General Obligation State-Aid Road Bonds, Series 2008A. Aye: 4 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT
SELECT SENIOR LIVING OF EAGAN LLC
City Administrator Hedges noted that a request had been made by the applicant to extend consideration of this
item. Mayor Maguire shared his frustration with yet another continuance request.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration to the
September 2, 2008 meeting of a Comprehensive Land Use Plan Amendment that would change the land use
designation from SA/MD (Special Area / Medium Density), to SA/HD (Special Area / High Density), to allow for a
71 unit Assisted Living Facility legally described as Lots 1 and 2, Block 1, Terra Glenn 3~d Addition.
Aye: 4 Nay: 0
DANIEL DRIVE TRAFFIC STUDY
City Administrator Hedges introduced this item regarding the Daniel Drive Traffic Study. City Engineer Russ
Matthys gave a staff report.
Mayor Maguire opened the floor for public comment.
Eight residents of the Daniel Drive area expressed their concerns regarding safety issues, the possibility of
narrowing Daniel Drive, the installation of a sidewalk and the determination of which side of the street it would be
located, and speed issues.
Councilmembers discussed the speed issues on Daniel Drive along with the possibility of narrowing the street and
the installation of a sidewalk. It was the consensus of the Council that a feasibility study be conducted for three
segments of Daniel Drive to consider both narrowing the street and adding a sidewalk.
Mayor Maguire moved, Councilmember Tilley seconded a motion to direct a feasibility study to be conducted for
three segments of Daniel Drive considering both narrowing of the street and adding sidewalks. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to receive the Daniel Drive Traffic
Study. Aye: 4 Nay: 0
NEW BUSINESS
PRELIMINARY SUBDIVISION (LINDSTROM ACRES 2ND ADDITION - WILLIAM REILLY)
City Administrator Hedges introduced this item regarding a preliminary subdivision to relocate the lot lines upon
2950 and 2953 Skyline Drive. City Planner Ridley gave a staff report.
Applicant stated that he has no immediate plans to develop the property but may at some point in the future. City
Planner Ridley stated that further development of the property could be requested at any point in the future with the
primary issue being public street access to any newly created parcels.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision to
relocate the lot lines upon 2950 and 2953 Skyline Drive, legally described as part of Lot 13, Zehnder Acres and Lot
1, Block 1, Lindstrom Acres, located in the SE 1/4 of Section 4, subject to the following conditions. Aye: 4 Nay: 0
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July 15, 2008
Page 5
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: Al, B1
2. The property shall be platted.
COMMUNITY TELEVISION MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
BURNSVILLE, THOMSON REUTERS CORPORATION
City Administrator Hedges introduced this item regarding a Memorandum of Understanding with the City of
Burnsville regarding community television responsibilities and a Memorandum of Understanding with Thomson
Reuters for new studio space; authorization for a technical consultant to plan the new Eagan Television studio and
master control.
Michelle Engdahl with Thomson Reuters spoke briefly, noting they are looking forward to working with the City.
Alan Miller commended the Council on their efforts in working with Burnsville and then with Thomson Reuters
for the new studio space.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Joint Resolution and
Memorandum of Understanding with the City of Burnsville regarding community television responsibilities subject
to a mutually agreed upon channel lineup. Aye: 4 Nay: 0
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a separate Memorandum of
Understanding with Thomson Reuters for new studio space; and authorization for a technical consultant to plan the 08-36
new Eagan Television studio and master control for a City cost not to exceed $30,000. Aye: 4 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve wetland delineation for the
Carriage Hills property with payment from the Open Space Fund. Aye: 4 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:00 p.m.
Administrative Secretary / Deputy City Clerk Date