11/04/2010 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 4, 2010
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Thursday, November 4, 2010 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields Tilley and
Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon
Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services
Director Gene VanOverbeke, Director of Communications Tom Garrison, and City Attorney Michael
Dougherty.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
th
Eagan’s 150 Anniversary Board was recognized.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the October 19, 2010 regular City Council and the
minutes of the October 12 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Connor Mullarky, Maria Martin, and Patrick Otturley
as Building Attendants at the Civic Arena.
2. It was recommended to approve the 2011 Long Term Disability vendor to be named.
3. It was recommended to approve the 2011 Employee Assistance Program to be named.
C. It was recommended to ratify check registers dated October 14, 2010 and October 21, 2010 as
presented.
D. It was recommended to award Contract 10-21 (Trapp Farm Park Infiltration Basin and Sediment
Removal – Water Quality Improvements) to Stocker Excavating, Inc., for the base bid in the amount
of $30,721.50 and authorize the Mayor and City Clerk to execute all related documents.
E. It was recommended to approve the temporary on-sale liquor license for the Friends of the Wescott
Library for a silent auction fundraiser to be held at the Wescott Library on November 20, 2010 and
waive the $150 license fee.
F. It was recommended to approve an agreement between the City and Clear Channel Outdoor, Inc. to
provide the City five (5) hours/month (2250 eight-second spots) for public service announcements on
the billboard located on 70.47 acres south of Highway 494 and east of Highway 13 (Sibley Memorial
Highway) in the NE ¼ of Section 4.
rd
G. It was recommended to approve a Final Subdivision (Lone Oak 3 Addition) – NWA Real Estate
Holding Company, LLC (Delta Airlines)
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H. It was recommended to approve the 2 and Final Payment for Contract 10-08 (Citywide Sanitary
Sewer Lining) in the amount of $18,441.00 to Insituform Technologies, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
City Council Minutes
November 4, 2010
Page 2
PUBLIC HEARINGS
CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
City Administrator Hedges discussed the final assessment roll for delinquent false alarm bills, noting
there are currently five delinquent bills with an assessable amount of $895.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to
the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing
and approve the final assessment roll for delinquent false alarm bills and authorize its certification to
Dakota County. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT WEED CUTTING BILLS
City Administrator Hedges discussed the final assessment roll for delinquent weed cutting bills, noting
there are currently nine delinquent bills with an assessable amount of $1,742.70.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to
the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing
and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to
Dakota County. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT UTILITY BILLS
City Administrator Hedges discussed the final assessment roll for delinquent utility bills, noting there
are currently 1,002 utility bill accounts with delinquent payments. The assessable amount of the
delinquent accounts is $173,196.35.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to
the Council
Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 5 Nay: 0
OLD BUSINESS
HAWTHORNE RIDGE – CUQUI’S CAFÉ
MODIFICATION TO COVENANT RESTRICTIONS
City Administrator Hedges introduced this item regarding a request for modification to the covenant
restrictions for the Hawthorne Ridge strip retail center located at 525 Diffley Road. City Planner
Ridley gave a staff report.
Councilmembers held a discussion.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct consideration of
the petition for a request for modification to the covenant restrictions for the Hawthorne Ridge strip
retail center located at 525 Diffley Road to the December 7, 2010 Council and direct preparation of
notice to neighboring property owners. Aye: 5 Nay: 0
City Council Minutes
November 4, 2010
Page 3
NEW BUSINESS
CONDITIONAL USE PERMIT – KEVIN FITZGERALD
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 656 Crimson Leaf
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 656 Crimson Leaf Trail, 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 with the following exhibit: Site Plan received September 30, 2010.
2. The applicant shall remove permanent improvements placed on Park property.
3. The impervious surface of this lot shall not exceed 30.6% per the Site Plan received September
30, 2010.
4. Permeable 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.
5. Permeable pavers shall be installed according to appropriate designs and installation details of
the specific product to be used, in consultation with a qualified civil, hydrological engineer
regarding site soil conditions, base preparation, etc.
6. Rain gardens shall be designed with a bottom, flat area that is at least 10 percent of the size of
the contributing hard-surface area. There shall be proper soil loosening/soil-replacement below
the rain garden basin area to ensure its effectiveness to infiltrate water within 48 hours of a storm
event.
7. Geosynthetic fabric shall be installed in the planted rain garden, located south of the pool, to keep
soil from washing through the wall.
8. The final design of both rain gardens shall specify receipt of runoff through sheet flow, surface
swale, crush-proof piping or a similar conveyance method to ensure adequate and safe runoff
delivery to the basins. Overflows from rain gardens shall not adversely affect the long-term
integrity of the retaining wall structure or cause downhill erosion into Lakeside Park.
9. Permeable pavers and rain gardens 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.
10. The rain garden and permeable pavers shall be properly maintained to sustain the infiltration rate
according to the design criteria.
11. Mitigative designs and installations shall be approved by the City Engineering Division and the
installation shall be overseen and inspected by City staff at the time of installation.
12. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $500
escrow deposit for inspection of the paver installation and inspection of the rain garden(s)
installation.
13. The rear yard paver patio shall be removed prior to issuance of the building permit for the
swimming pool.
14. The applicant shall discharge water from the pool in a form and manner acceptable to the Water
Resources Coordinator.
15. Building Permits shall be obtained for the retaining walls along with engineered drawings of the
proposed walls.
16. The applicant shall install rain barrels or other drainage system as approved by city staff to
capture runoff from the roof pitch that drains toward Crimson Leaf Trail and divert runoff from
gutter downspouts toward the backyard of the lot.
City Council Minutes
November 4, 2010
Page 4
CONDITIONAL USE PERMIT – HORIZON EQUIPMENT
City Administrator Hedges introduced this item regarding a Conditional Use Permit for outside storage
of commercial vehicles upon property located at 1960 Seneca Road. City Planner Ridley gave a
staff report.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional
Use Permit for outside storage of commercial vehicles upon property located at 1960 Seneca Road,
legally described as part of Lot 2, Block 1, Cedar Industrial Park, 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 outdoor storage shall be limited to the number and type of vehicles shown on the site plan.
3. The storage area shall be maintained in an orderly fashion.
4. All parking and storage areas shall be properly maintained to prevent deterioration.
5. The owner shall purchase a padlock for the gate that is approved by the Fire Department and
acceptable for emergency access.
6. The service drive along the north side of the site shall be signed “no parking fire lane” to maintain
emergency access.
PLANNED DEVELOPMENT AMENDMENT – DISCOUNT TIRE
City Administrator Hedges introduced this item regarding a Planned Development Amendment to
allow auto repair and service, upon approximately 1.32 acres located at 3575 Pilot Knob Road. City
Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow auto repair and service, upon approximately 1.32 acres located at
3575 Pilot Knob Road, subject to the following conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder’s office.
2. The applicant shall be responsible for obtaining all necessary permits from regulatory agencies
regarding any petroleum contamination on the site.
3. The applicant shall have a site assessment performed and mitigation efforts shall be concluded
prior to issuance of a building permit.
4. Underground tank removal shall occur per MPCA requirements and an underground tank removal
permit shall be issued by the City.
5. Proof of the underground removal in accordance with state law shall be submitted to the City in
addition to a copy of any no action letter that may be issued by the MPCA.
6. The minimum architectural standard of 65% Class 1 materials and not more than 35% Class III
materials shall be satisfied on each of the four building elevations. The elevation plan shall be
modified accordingly and calculations provided by the architect to verify compliance with this
standard.
7. Roof-top mechanical units shall be set back a minimum of 20 feet from the edge of the roof.
8. Ground mounted mechanical equipment/utility boxes shall be screened by either a masonry wall
or opaque landscaping.
9. The trash enclosure shall comply with City code requirements.
10. If after review by the City, it is determined that additional on-site parking is needed due to
extensive on-street parking, additional on-site parking shall be provided in the proof-of-parking
location, as identified on the Site Plan, within one year of notice to the Applicant or its successors.
City Council Minutes
November 4, 2010
Page 5
11. The Landscape Plan shall be revised to incorporate additional plant materials to screen and
buffer the parking areas from public right-of-way and add foundation plantings.
12. The Lighting Plan shall be revised to show compliance with City Code standards, and the
standards identified in the planning report, including, light poles shall not exceed 22 foot pole
heights.
13. All site and building signage shall be subject to City Code standards.
14. The base of the pylon and monument signs shall match the principal building and the pylon sign
shall not have an exposed pole.
15. One directional sign located Lot 1, Block 1, George W. Giles Addition at the entrance to the site
from Duckwood Drive is allowed, for the property to the north (lot 1, Block 1 Precision Tune
Addition). The directional sign shall not contain signature or logo advertising of the business, b ut
instead shall be a simple directional sign stating only the name of the business and identifying the
entrance to the site.
16. The applicant shall provide evidence of private ingress/egress easement covering the new
access drive between this property and the property to the north (Lot 1, Block 1 Precision Tune
Addition) for review and approval by the City Attorney.
17. The applicant shall provide sidewalk connections from the site to the corner of Pilot Knob Road
and Duckwood Drive intersection.
18. The applicant shall work with the adjacent property owner to the north and the City staff to
explore appropriate solutions regarding the potential removal of any trees to accommodate the
placement or relocation of the existing signage for the adjacent property owners existing sign on
the applicant’s property.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
There were no items requiring action.
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 8:07
p.m. Aye: 5 Nay: 0
____________________
Date
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Mike Maguire, Mayor
City Council Minutes
November 4, 2010
Page 6
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Maria Petersen, City Clerk