08/01/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
AUGUST 1, 2011
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. Maureen McTeeg, 1486 Violet Lane, along with six other residents from
Violet Lane, voiced their concerns about vegetation and trees that have been removed as part of the ring road project.
The Council discussed the concerns with the residents and noted that the trees that were removed were volunteer trees
that will grow back. It was the consensus of the Council not to amend the project plans at this time to plant additional
trees. The Council suggested that the residents could approach the Council in the spring (2012), upon completion of the
ring road project should there continue to be a perceived need for additional trees.
A regular meeting of the Eagan City Council was held on Monday, August 1, 2011 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Tilley. Councilmember Hansen was
absent. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of
Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police
Chief McDonald and Director of Public Works Colbert.
AGENDA
Councilmember Tilley moved, Councilmember Bakken 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 Tilley moved, Councilmember Bakken 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 19, 2011 regular City Council meeting as presented
B. Personnel Items:
1. Approve the hiring of a full time Accountant 1
2. Approve recruitment of a part time 20 hr /wk position of non -union Office Support Specialist
with an emphasis on GIS
3. Authorize the current GIS Coordinator position to resume a status of 40 hrs. per week
4. Approve the reclassification of A. Galatowitsch from Clerical Tech 3 to Clerical Tech 4
5. Approve the hiring of Seasonal Employees in Parks & Recreation and Streets Maintenance
6. Approve the RFP for Health Insurance Coverage for 2012
C. It was recommended to approve the Check Registers dated July 14, 2011 and July 21, 2011
D. It was recommended to approve a Tobacco License for Ashley Houth, Asian Food Market, 2105 Cliff Road
E. It was recommended to approve a Tobacco License for Tung Ngo, Inc., DBA Sinclair Dinomart, 1815 Diffley
Road
F. It was recommended to approve an Off -Sale 3.2 percent Malt Liquor (Beer) License to Tung Ngo, Inc., DBA
Sinclair Dinomart, 1815 Diffley Road
G. It was recommended to rescind the ordinance to amend City Code Chapter 4 to authorize the City to provide for
electrical inspections, rescind the addition to the City Fee Schedule for that service and terminate the Service
Agreement with M.A. Anderson, Inc.
H. It was recommended to cancel the November 8, 2011 Special City Council Meeting
1. It was recommended to award Contract No. 11 -11, Citywide Trail Improvements
J. It was recommended to award Contract No. 11 -05, High Pressure Zone Water Main Improvements - Continued
K. It was recommended to approve Change Order No. 2, Contract 11 -02 (Citywide Streeet Improvements)
L. It was recommended to approve Change Order No. 1, Contract 10 -11 (Ames Crossing Road — Street & Utility
Improvements)
M. It was recommended to authorize a Letter of Support for Dakota County Regional Trail Federal Funding
Application
City Council Meeting Minutes
August 1, 2011
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N. It was recommended to approve Assessment Deferment Agreements, Project 1033 (Cliff Road — Trunk
Watermain)
O. It was recommended to reschedule Public Hearing date August 16, 2011 to vacate drainage & utility easement —
Lot 1, Block 1 Gopher Eagan Industrial Park #3 & #6
P. It was recommended to approve a contract between the City of Eagan and Check Diversion Program, LLC
(CDP)
OLD BUSINESS
REQUEST TO REMOVE LOAD LIMIT RESTRICTIONS
NICOLS ROAD (SILVER BELL ROAD TO BUSINESS)
City Administrator Hedges introduced the item regarding a request for removal of load limit restrictions on Nicols
Road. Public Works Director Colbert gave an overview and background on the item.
Mark Strawn, representative of LaFarge North America, addressed the Council.
Tom Bastings, attorney representing Xcel, addressed the Council. Jim Zyduck, Plant Director for Xcel, also
addressed the Council.
The Council had several questions regarding the proposed conversion and expansion of the Black Dog Power
Plant and its potential impact on Nicols Rd for both ongoing operation needs as well as heavy construction traffic.
The City Council requested Xcel to include the City of Eagan in ongoing dialogue with Burnsville regarding short
and long term transportation plans /access prior to considering whether load limits will be removed. They also
requested Xcel to reach a consensus and commitment with Burnsville regarding the construction of a permanent
access road through Burnsville within the next 30 days, and directed staff to report back at the September 6
meeting on the progress for further consideration of the load limit restriction removal request.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the item to remove the
existing 4 ton per axle load limit restriction for Nicols Road from Silver Bell Road to the Burnsville City limits to
the September 6, 2011 City Council meeting. Aye: 4 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT — ZEST! BAR & GRILL
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow on -sale
liquor in conjunction with a Class I restaurant located at 525 Diffley Road. City Planner Ridley gave a staff
report.
The applicants addressed the Council.
The Council discussed the history of the covenants on the property.
John Laramy, Cooper's Restaurant manager, spoke in opposition of the proposal.
Terry Timmons, 4148 Countryside Drive, spoke regarding the noise impact, night -time operations, pedestrian/vehicle
safety and patio regulations.
Joe Foggia, owner of Black Diamond Liquor, spoke in support of the proposal.
The owner of Snap Fitness spoke in favor of the proposal.
The Council further discussed the proposal.
City Council Meeting Minutes
August 1, 2011
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Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow
on -sale liquor in conjunction with a Class I restaurant located at 525 Diffley Road, legally described as Lot 1, Block 1,
Hawthorne Ridge, subject to the following revised conditions: Aye: 3 Nay: 1 (Bakken)
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. The applicant shall submit a revised outdoor dining patio plan, to scale, with fence details to Building Inspections
for approval prior to the opening of the restaurant. The outdoor dining area is subject to City Code requirements.
3. The on -sale alcohol license shall include and permit the service of alcoholic beverages in the outdoor dining area.
4. The signage is subject to City Code requirements.
5. The applicant shall install the additional landscaping by October 2, 2011, per the Landscape Plan received June
30, 2011.
6. Prohibit live music at site within outdoor seating area.
PLANNED DEVELOPMENT AMENDMENT — LUPE HOLDINGS CORP.
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a multi -
tenant retail commercial use and a Class II Restaurant with outdoor patio dining and on -sale liquor located at 2075
Cliff Road. City Planner Ridley gave a staff report.
Aaron Diederich, Lupe Holdings Corp., addressed the City Council and was available for questions.
The City Council discussed parking, signage and `proof of parking.'
Attorney Gary Gandrud spoke on behalf of Lupe Holdings Corp regarding the `proof of parking.'
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development
Amendment to allow a multi- tenant retail commercial use and a Class II restaurant with outdoor patio dining and
on -sale liquor for property located at 2075 Cliff Road, with revised conditions: Aye: 4 Nay: 0
I . An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County
Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The
following plans are required for the Agreement:
• Site Plan
• Building Elevations
• Signage Plan
• Patio Plan
• Landscape Plan
2. The site shall be developed in conformance with the approved plans:
a. Patio Plan dated June 29, 2011
b. Building Elevations and Signage Plan dated June 29, 2011
c. Landscape Plan dated June 29, 2011
3. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other
conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions
of the Development Agreement, as amended by this Amendment. This approval shall be based on the Building
Elevation, Signage and Landscape Plans.
4. Rooftop mechanical units shall be screened from off -site views. Any panels used to screen such equipment shall be
finished in a color to match the exterior finish materials of the building.
5. The design of the pervious paver system shall be reviewed and approved by the City's Engineering Division prior
to installation.
6. Building address numbers shall be installed in accordance with Section 2.78 of the City Code.
7. The pylon shall be constructed utilizing the existing brick pylon base as depicted on the Proposed Elevations plan
sheet dated June 29, 2011. The pylon sign shall not exceed 125 s.f. in area and a total height of 27'.
8. The building sign band is proposed to be 5' in height, with Chipotle's signs 21'2" in length and other tenant signs
15'— 16' in length.
9. All signage on the building shall be of similar construction and fit within the identified sign areas.
10. Building signage for Tenant #4 shall be allowed on two sides of the building on the space occupied by that tenant.
City Council Meeting Minutes
August 1, 2011
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11. Patio umbrellas shall not contain signs or logos.
12. The outdoor dining patio must be designed and operated consistent with the provisions in City Code Section 11.70,
Subd. 29 regarding outdoor dining areas.
13. A new pedestrian connection shall be made between the site and the existing trail along Cliff Road as shown on the
Site Plan. The owner is responsible for obtaining any necessary permits from Dakota County prior to commencing
this work.
14. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also shall comply and be
operated in accordance with all relevant state laws and regulations.
15. The applicant shall demonstrate proof of parking for an additional four (4) spaces, which may be satisfied with a
cross easement with the adjacent property or four parallel parking stalls on the east side of the building.
16. All new pedestrian routes shall be accessible.
17. The use of the property shall be limited to one restaurant, not to exceed 60 seats, and three retail uses.
18. Proof of parking shall be shown as parallel parking spaces along the east side of the building.
CONDITIONAL USE PERMIT — INTERSTATE BUSINESS CENTER
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow outdoor
storage of trailers, large delivery trucks and forklifts located at 2995 Lone Oak Circle for Lupe Holdings Corp.
City Planner Ridley gave a staff report.
The applicant was present.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit
to allow outdoor storage of trailers, delivery trucks and forklifts on property located at 2995 Lone Oak Circle
legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 11, subject to the following conditions:
Aye: 4 Nay: 0
This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
Existing parking spaces and storage areas should be striped or otherwise delineated according to the Site Plan
received June 29, 2011.
The outdoor trailer storage shall be limited to a maximum of 10 trailers, five delivery trucks and the fork lift storage
area as indicated on the Site Plan received June 29, 2011.
A minimum 20' driving aisle shall be maintained around the building to allow emergency vehicle access.
PLANNED DEVELOPMENT AMENDMENT — PEOPLE OF PRAISE
City Administrator Hedges introduced this item regarding a Planned Development Amendment for People of
Praise to allow banquets and receptions within an existing school facility located at 601 River Ridge Parkway.
City Planner Ridley gave a staff report.
The applicant was present.
There was a brief discussion by the City Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development
Amendment to allow banquets and receptions within an existing school facility located at 601 River Ridge
Parkway, legally described as Lot 1, Block 1, Novus Addition, subject to the following conditions: Aye: 4 Nay:
0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County
Recorder's office within 90 days of approval. Proof of recording shall be provided to the City.
2. There shall be no on -sale liquor at events hosted by third parties unless dispensed by a caterer, licensed as a
restaurant and for on -sale liquor, and which has a caterer's permit issued by the state of MN.
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
City Council Meeting Minutes
August 1, 2011
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There were no items for discussion.
CITY COUNCIL COMMENTS
Police Chief McDonald noted there are 180 registered block parties for National Night Out. The City Council
encouraged residents to participate in the National Night Out event on August 2.
VISITORS TO BE HEARD
There were no visitors to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:55 p.m. Aye: 4
Nay: 0
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Date
Mayor