02/08/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
FEBRUARY 8, 2012
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Bakken, Fields, Hansen and Tilley. Chuck Steinkopf was present and addressed the Council
regarding incident calls relative to barking dogs.
A regular meeting of the Eagan City Council was held on Wednesday, February 8, 2012 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present
were City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services
VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director
Garrison, Public Works Director Colbert, City Engineer Matthys, Deputy Chief Johnson, Fire Chief Scott, Director
of Parks and Recreation Seydell Johnson and Assistant City Engineer Gorder.
AGENDA
City Administrator Hedges noted Public Hearing item A., New Business items D. and F. are proposed to be
continued to a future City Council meeting. Councilmember Tilley moved, Councilmember Bakken seconded a
motion to approve the agenda as amended. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
FUTURE CITIES COMPETITION
Recognition was given to a team of 7 and 8 grade students from Blackhawk Middle School who finished first
place overall and won a special award for the best essay in the Future City Minnesota regional competition held on
January 14, 2012 at the University of Minnesota.
CITY ENGINEER OF THE YEAR 2011
City Engineer Russ Matthys was recognized for receiving the 2011 Engineer of the Year Award by the City
Engineers Association of Minnesota (CEAM).
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as
presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the January 17, 2012 regular City Council meeting
B. PERSONNEL ITEMS
1. a.) It was recommended to accept the resignation of Brea McCarty, Police Technical IV, and
authorize her replacement
b.) It was recommended to appoint Sergeant Mike Fineran to Lieutenant effective February 12,
2012, and authorize Steve Bolluyt as his replacement
2. It was recommended to accept the resignation from Steve Bolluyt as a Police Lieutenant effective
February 11, 2012 and authorize his replacement be promoted February 12, 2012
3. It was recommended to approve the reclassification of the Assistant City Administrator from a
level 13 to level 17
C. It was recommended to approve Check Registers dated January 12, 2012, January 19, 2012 and January 27,
2012 as presented
D. It was recommended to adopt a Resolution Accepting Updates to the Dakota County All Hazard Mitigation
Plan
E. It was recommended to approve revised 2012 Budget for Cable Franchise Fees Special Revenue Fund
City Council Meeting Minutes
February 8, 2012
2 page
F. It was recommended to approve Resolution establishing a Cable Access Complaint Review Board, naming
franchise administrator, and reserving all other Video Franchise Enforcement Powers to the Eagan City
Council
G. It was recommended to approve E -TV Access and Operational Use Policies
H. It was recommended to approve the Submission of an Application for a 2012 -2014 Department of Natural
Resources (DNR) Community Forest Bonding Grant and Authorization for the Director of Parks and
Recreation to execute related documents
I. It was recommended to authorize staff to initiate the process of amending City Ordinance Chapter 10,
Section 10.20 as it relates to "Shade Tree Disease Control and Prevention"
J. It was recommended to approve a Resolution Declaring Official Reimbursement Intent — Fire Apparatus —
Snozzle
K. It was recommended to approve Application for Exempt Permit for Eagan Resource Center to hold a raffle
on March 22, 2012
L. It was recommended to approve Tree Maintenance Contractor License for P & C Tree Service
M. It was recommended to approve Tree Maintenance Contractor License for Lawrence Tree & Stump
Services, Inc.
N. It was recommended to approve Tree Maintenance Contractor License for Tree Techs
O. It was recommended to approve Off -Sale Liquor License for Drinks Liquor, Inc. DBA Drinks Liquor, 3090
Courthouse Lane
P. It was recommended to approve Conditional 90 -Day On -Sale Liquor License extension for Cedarvale Bowl,
Inc. DBA Cedarvale Lanes /Fitz's Bar & Grill; Latt, Inc. DBA Valley Lounge; and Cooper's Restaurant Inc.
DBA Cooper's Restaurant
Q. It was recommended to approve Final Subdivision for Oakbrooke 8 Addition
R. It was recommended to approve Consultant pool for Property Maintenance Services
S. It was recommended to approve Resolution to change street name of Buffet Way
T. It was recommended to approve Change Order No. 4 for Contract 09 -18 (Duckwood Drive Overpass —
Bridge & street Improvements)
U. It was recommended to approve Final Payment for Contract 12 -04 (I -35E, North of Diffley Rd — Noise
Wall)
V. It was recommended to approve Plans & Specifications for Contract 12 -05 (City-Wide Inflow and
Infiltration Mitigation — Sanitary Sewer Improvements)
W. It was recommended to approve Plans & Specifications for Contract 12 -06 (City-Wide Stormwater & Water
Quality Ponds — Sediment Removal & Outlet Improvements)
X. It was recommended to approve Plans & Specifications for Contract 12 -07 (City-Wide Sanitary Sewer
Lining — Sanitary Sewer Improvements)
Y. It was recommended to adopt Findings and Deny Drainage & Utility Easement Vacation Request —
Ballantrae Apartments
Z. It was recommended to approve Agreement with the National Intergovernmental Purchasing Alliance
Company
PUBLIC HEARINGS
MULTIPLE VARIANCES — TED ANDERSON
City Administrator Hedges introduced the item regarding multiple variances for property located at 3105 Sibley
Memorial Highway and stated the applicant has requested a continuance to the March 6, 2012 regular City Council
meeting.
Mayor Maguire opened the Public Hearing and Councilmember Tilley moved, Councilmember Bakken seconded a
motion to continue the hearing for property located at 3105 Sibley Memorial Highway to the March 6, 2012
regular City Council meeting. Aye: 5 Nay: 0
City Council Meeting Minutes
February 8, 2012
3 page
PROJECT 1063 (CHATTERTON PONDS — STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1063, Chatterton Ponds street improvements.
Director of Public Works Colbert gave an overview of the City's pavement management program. Assistant City
Engineer Gorder provided an overview of the feasibility study and proposed improvements.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1063, Chatterton
Ponds street improvements as presented and authorize the preparation of detailed plans and specification. Aye: 5
Nay: 0
PROJECT 1064 (HILLS OF STONEBRIDGE 2ND & 3' — STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1064, the Hills of Stonebridge 2 nd and 3 rd
Additions street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and
proposed improvements.
Mayor Maguire opened the public hearing and noted that Council member Bakken excused himself from this
hearing given that his property would be assessed under the project.
Steve Debaun, 4081 Foxmoore Court, spoke to the Council noting his disagreement with the City's policy in
having property owners pay a portion of street improvements.
Chester Harrison, 4021 Camberwell Drive N., addressed the Council regarding several concerns including sod
replacement for City repairs on residential property, drainage pond issues, and financing specials assessments.
Councilmembers and staff discussed the City's philosophy in the development of the pavement management program by
assessing homeowners a portion of the cost for street improvements. They further discussed policies adopted by
neighboring communities.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1064, Hills of
Stonebridge 2 and 3rd Additions, street improvements as presented and authorize the preparation of detailed plans
and specifications. Aye: 4 Nay: 0 (Councilmember Bakken abstained)
PROJECT 1067 (HAWTHORNE WOODS — STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1067, Hawthorne Woods street improvements.
Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1067, Hawthorne
Woods street improvements, as presented and authorize the preparation of detailed plans and specifications. Aye:
4 Nay: 0 (Councilmember Bakken absent)
PROJECT 1077
(NORTHVIEW PARK ROAD / BRADDOCK TRAIL / ELRENE ROAD — STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1077, Northview Park Road, Braddock Trail and
Elrene Road street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study
and proposed improvements.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council.
City Council Meeting Minutes
February 8, 2012
4 page
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1077, Northview
Park Road, Braddock Trail and Elrene Road street improvements, as presented and authorize the preparation of
detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 1068 (LEXINGTON POINTE 1 & 2 — STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1068, Lexington Pointe 1 and 2 Additions
street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed
improvements.
Mayor Maguire opened the public hearing.
David Heinz, 4448 Hamilton Drive, addressed the Council regarding his concerns about the quality of roads,
condition of a nearby pond, and property damage caused by snow plows.
Staff addressed Mr. Heinz's concerns and discussed the quality control mechanisms and specification standards
required of a contractor by the City, along with an explanation regarding property damage caused by snowplows
and resource suggestion to pond issues.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1068, Lexington
Pointe 1 and 2 Additions street improvements, as presented and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
OLD BUSINESS
ORDINANCE AMENDMENT — CITY CODE CHAPTERS 6, 7, 9 & 10
City Administrator Hedges introduced this item regarding ordinance amendments to City Code, Chapters 6, 7,
9 and 10 relating to special event permit processing, transient merchant regulations and the sale of goods on
City property or public rights -of -way.
City Clerk Scipioni answered pertinent questions by the Council.
The City Council and staff discussed the proposed amendments to the City Code.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance
amendment to City Code Chapter 7 adopting a permitting process for parades, athletic events and other special
events occurring on City property or public rights -of -way and direct the City Attorney to publish the ordinance
amendment summary. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve ordinance amendments to
City Code Chapter 6 regarding transient merchant regulations and to City Code Chapters 7, 9 and 10 regarding
sale of goods on City property or public rights -of -way. Aye 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a resolution adopting fees
in connection with special event permits; a resolution adopting special event permit rules and regulations; and
a resolution adopting neighborhood block party rules and regulations. Aye: 5 Nay: 0
The City Council recessed at 8:05 p.m.
The City Council reconvened at 8:15 p.m.
City Council Meeting Minutes
February 8, 2012
5 page
NEW BUSINESS
REZONING AND FINAL PLANNED DEVELOPMENT — BRADFORD PLACE/LESTER BORDSEN
City Administrator introduced the item regarding rezoning and final planned development, rezoning of
approximately 1.7 acres from (R -1), single family residential to (PD), planned development and a final planned
development to allow a new detached accessory structure located at 733 Bradford Place. City Planner Ridley
gave a staff report.
Lester Bordsen, applicant, was present and addressed the Council regarding the platting of his property and
fees associated with the planned development agreement, noting the additional fees that will be incurred and
asked the Council to waive fees associated with the planned development.
The City Council discussed the list of fees given to the Council by Mr. Bordsen associated with rezoning and
the final planned development. City staff and the City Attorney responded to several Council questions
relative to fees. The Council recommended the Finance Committee review the fees and make recommendation
to the Council as a whole.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve rezoning of 1.78 acres
from single family (R -1) to planned development (PD) for property located at 733 Bradford Place. Aye: 5
Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a final planned
development to allow a new detached accessory structure for property located at 733 Bradford Place, subject to
the following conditions. Aye: 5 Nay: 0
1. A written Final Planned Development Agreement shall be executed and recorded with the County
Recorder's office. The following exhibits are necessary for the Final PD Agreement.
• Final site plan
• Final building elevations
2. The planned development allows for the following and further deviations will require an amendment to
the planned development.
• More than two detached accessory structure (not the exceed three)
• Accessory structure in excess of 800 sq. ft. (not to exceed 1,952 sq. ft.)
• Accessory structure to exceed the size of the house
• An accessory structure in the front yard
• An accessory structure that exceeds the wall height requirements
3. A building permit shall be issued prior to commencing construction of the new garage and prior to
demolition of the existing garage.
4. The existing detached garage shall be removed prior to construction of the new garage.
5. The proposed garage and roof shall match the existing house in finish materials and colors.
6. The property shall be platted prior to issuance of any building permits. Proof of recording shall be
provided before issuance of the building permit.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the Finance Committee to
review the fees associated with the planned development and to make a recommendation to the City Council
about said fees. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT — LONE OAK MARKET/TONY DONATELL
City Administrator Hedges introduced this item regarding the request for a conditional use permit to allow a
temporary grill for seasonal outdoor sales at the Lone Oak Market located at 1286 Lone Oak Road. City Planner
Ridley gave a staff report.
Tony Donatell, owner of the Lone Oak Market, was present and available for questions by the Council.
City Council Meeting Minutes
February 8, 2012
6 page
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a conditional use permit to
allow a temporary grill for seasonal outdoor sales on property located at 1286 Lone Oak Road, subject to the
following conditions. Aye: 5 Nay: 0
1. This conditional use permit shall be recorded at Dakota County within 90 days of approval by the City
Council, and proof of recording submitted to the City.
2. The seasonal sales shall be allowed between June 1 S ` and August 31 each year, not to exceed 90 consecutive
days.
3. All structures shall be removed by September 1 each year.
4. Only one seasonal sale or outdoor event shall occur at one time subject to City ordinances.
5. The activity shall occur only within the area designated on the site plan.
6. The site shall be kept in a neat and orderly manner and the grilling shall be contained within the approved area
and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business
activities.
7. Hours of operation shall be between the hours of 10:30 a.m. and 2:00 p.m. Monday — Friday.
8. Signage shall be subject to City sign code requirements; up to three temporary signs are allowed, but shall not
exceed a total area of 25 sq. ft.
9. The applicant shall maintain a MN Department of Health Food License.
CONDITIONAL USE PERMIT — LOST SPUR/STEVE WHILLOCK
City Administrator Hedges introduced the item regarding a request for a conditional use permit to allow a pylon
sign with dynamic display at the Lost Spur located at 2750 Sibley Memorial Highway. City Planner Ridley gave a
staff report.
A representative of the sign company was present and available for questions by the Council.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a conditional use permit to
allow a pylon sign with a dynamic display on property located at 2750 Sibley Memorial Highway, subject to the
following conditions. Aye: 5 Nay: 0
1. The conditional use permit shall be recorded with Dakota County within 60 days of the date of approval by the
City Council.
2. An administrative sign permit shall be obtained from the City prior to installation of the pylon sign.
3. The existing monument sign shall be removed prior to installation of the pylon sign.
4. The pylon sign shall be setback a minimum of 10 ft. from all property lines.
5. The pylon sign shall be located as indicated on the site plan received December 21, 2011.
6. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated January 6, 2012.
7. The pylon sign shall comply with all sign code requirements.
8. Landscaping shall be restored to the current condition by June 1, 2012.
PLANNED DEVELOPMENT AMENDMENT — PANERA BREAD/TONY DISANZA
City Administrator Hedges introduced the item regarding a planned development amendment to allow drive -
through service and modifications to the Panera Bread building and stated the applicant has requested this item be
continued to the February 21, 2012 City Council meeting.
Mayor Maguire moved, Councilmember Fields seconded a motion to continue consideration of the application for
a PD amendment for Panera Bread to the February 21, 2012 City Council agenda. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT — CENTRAL PARK COMMONS2
CSM, INC./THOMAS PALMQUIST
City Administrator Hedges introduced the item regarding a comprehensive guide plan amendment to change the
land use designation of 6.2 acres from SA -MO, special area -major office to SA -RC, special area- retail commercial
for Central Park Commons2 located at 3333 Pilot Knob Road. City Planner Ridley gave a staff report.
City Council Meeting Minutes
February 8, 2012
7 page
Tom Palmquist, representing CSM, Inc., was present to answer questions of the Council.
The City Council briefly discussed the request from CSM requesting a change in land use designation from SA-
major office to SA- retail commercial and noted that their action was not to approve the amendment at this time.
Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to submit to the
Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Special
Area — Major Office, to Special Area — Retail Commercial upon approximately 6.2 acres located in the northwest
portion of a 47.4 acre site located at 3333 Pilot Knob Road, legally described as Lot 1, Block 1, Unisys Park 2nd
Addition and part of Lot 2, Block 1, Unisys Park 2 Addition lying southerly and easterly of Central Parkway.
Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Tilley seconded a motion to waive the adjacent community 60-
day review and comment period for the Comprehensive Plan Amendment. Aye: 5 Nay: 0
ORDINANCE AMENDMENT — CITY OF EAGAN / AMUSEMENT DEVICES
City Administrator Hedges introduced the item regarding an ordinance amendment to Chapter 11, Section 11.30
and 11.60 relating to amusement devices and stated this item is being asked to be continued to the February 21,
2012 City Council agenda.
Mayor Maguire moved, Councilmember Tilley seconded a motion to continue the ordinance amendment to City
Code Chapter 11, Sections 11.30 to 11.60 regarding amusement devices to the February 21, 2012 City Council
agenda. Aye: 5 Nay: 0
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items at this time.
ADMINISTRATIVE AGENDA
There were no items at this time.
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 9:10 p.m.
Aye: 5 Nay: 0
Date
in it t vt -
Mayor
CM
City Clerk