04/03/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 3, 2012
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire
and Councilmembers Bakken, Fields, Hansen and Tilley. There were no members of the public in attendance.
A regular meeting of the Eagan City Council was held on Tuesday, April 3, 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, Community Development Director
Hohenstein, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, Police Chief
McDonald, Fire Chief Scott, Director of Parks and Recreation Seydell Johnson, City Engineer Matthys,
Superintendent of Utilities Eaton, and Assistant City Engineer Gorder.
AGENDA
Administrator Hedges noted the applicant for Eagan Car Club (New Business item B) has requested the item be
continued to the April 17, 2012 City Council meeting.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue New Business Item. B to
the April 17, 2012 City Council meeting. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
CONSENT AGENDA
Mayor Maguire thanked the 2012 Market Fest sponsors, and noted a special thanks to Think Bank for their
sponsorship of the 2012 MarketFest entertainment.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda, with
item K pulled for separate consideration. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the March 20, 2012 Regular City Council meeting as presented
B. PERSONNEL ITEMS
1. It was recommended to accept the resignation of Susan Sheridan, Accountant I
2. It was recommended to accept the resignation of Sergeant Linda Myhre effective May 17, 2012
and authorize her replacement
3. It was recommended to appoint Police Officer Danielle Anselment to Sergeant effective May 20,
2012
4. It was recommended to accept the resignation from Detective Lori Tripp effective May 31, 2012
and authorize her replacement
5. It was recommended to authorize the promotion of IT Specialist Mark Holm to Systems/Network
Administrator and authorize the replacement of one full -time IT Specialist position
6. It was recommended to approve the hiring of seasonal employees in Parks & Recreation
C. It was recommended to approve check registers dated March 15, 2012 and March 22, 2012 as
presented
D. It was recommended to approve a resolution to accept donations to the Fire Department from Alerus
Financial and Florence Gilloth
E. It was recommended to approve a resolution authorizing the issuance and sale of Taxable General
Obligation Housing Improvement Bonds, Series 2012A, and General Obligation Equipment
Certificates of Indebtedness, Series 2012B
F. It was recommended to set the interest rate for special assessments levied in 2012 at 3.5%
G. It was recommended to approve the new lease agreement between the City of Eagan and St. Croix
Harley- Davidson for two 2012 Harley- Davidson motorcycles
City Council Meeting Minutes
April 3, 2012
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H. It was recommended to approve a resolution to accept a Community Forest Bonding Grant from the
Department of Natural Resources in the amount of $20,974.22 and authorize the necessary budget
adjustment
I. It was recommended to approve a resolution to accept donations from Think Mutual Bank and Health
Partners for 2012 Parks and Recreation Programs
J. It was recommended to approve an Encroachment and Maintenance Agreement with Ballantrae
Associates for Lot 1, Block 1, Ballantrae 2 Addition, and authorize Mayor and City Clerk to execute
all related documents
L. It was recommended to set a public hearing date for May 1, 2012 to consider the final assessment of
the delinquent utility bills and certify them to Dakota County for collection with property taxes
M. It was recommended to set a public hearing for May 1, 2012 to consider the final assessment of the
delinquent false alarm bills and certify them to Dakota County for collection with property taxes
N. It was recommended to set a public hearing date for May 1, 2012 to consider the final assessment of
the delinquent noxious weeds, mowing, refuse removal, and board -up bills and certify them to Dakota
County for collection with property taxes
O. It was recommended to approve the Temporary On -sale Liquor License and waive the license fee for
Trinity School at River Ridge's Spring Benefit Dinner on April 28, 2012
P. It was recommended to approve the Temporary On -Sale Liquor License for People of Praise MN,
Inc.'s Community Social on June 23, 2012
Q. It was recommended to adopt a resolution stating the City's findings for a Negative Declaration on
the need for a Lockheed Martin Environmental Impact Statement (EIS) for the property located at
3333 Pilot Knob Road
R. It was recommended to authorize an amendment of the City's 2008 Community Development Block
Grant budget to fund a portion of Northwoods Workforce Rental Project property acquisition with
refunding to the City's CDBG fund upon the resale of the project
S. It was recommended to approve a resolution to modify the 2012 Redistricting Plan
T. It was recommended to approve a resolution approving an Exempt Permit for the Eagan Athletic
Association to conduct a raffle on May 13, 2012 at the Lexington /Diffley Athletic Fields, 4201
Lexington Avenue
U. It was recommended to approve Change Order No. 6 to Project 11 -14 to install four additional
conduits at Yankee Doodle Road and Federal Drive and four additional conduits at Pilot Knob Road
and Crestridge Lane for future fiber connectivity growth at these major intersections
Consent Item K. Receive the bids for Contract 12 -01 (Citywide Street Improvements) and award the
Contract 12 -01
Mike McNamara of McNamara, Inc. addressed the Council with concern about the City's use of Best Value
Contracting, particularly given McNamara's lower base bid for Contract 12 -01. Public Works Director Colbert
summarized the Best Value Contracting process and the City Attorney spoke to the legality of the process and
the options available to the Council of rejecting all bids and re- advertising or awarding in accordance with the
current bid specifications.
Councilmember Fields moved, Councilmember Tilley seconded a motion to receive the bids for Contract 12-
01 (Citywide Street Improvements) and award the contract to Bituminous Roadways, Inc. in the base bid
amount of $1,892,166.95 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5
Nay: 0
PUBLIC HEARINGS
PROJECT 1054 FAIRWAY HILLS ULTRA HIGH PRESSURE ZONE (WATER SYSTEM
IMPROVEMENTS) AND CONSIDERATION OF PLANS, SPECS & AD FOR BIDS, CONTRACT 11 -05
Mayor Maguire recused himself given that he is a resident in the neighborhood in which the project will occur.
Acting Mayor Bakken chaired the item.
City Council Meeting Minutes
April 3, 2012
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City Administrator Hedges introduced the item regarding Project 1054 Fairway Hills Ultra High Pressure Zone water
system improvements and noted an informational neighborhood meeting was held on March 15, 2012 for adjacent
property owners of which residents of 4 properties attended. Public Works Director Colbert provided an introduction
to the item.
WSTB Consulting Engineer Nancy Zeigler presented the feasibility study and discussed improvements relative to
creating an Ultra -High Pressure Zone in the water distribution system for the Fairway Hills Neighborhood.
Acting Mayor Bakken opened the public hearing.
Scott Haugdahl, 1377 Grace Drive, presented a question regarding the inclusion of ongoing booster pump electrical
and maintenance costs to the homeowner as part of the project's total cost estimate.
Public Works Director Colbert responded referring to the contingency indentified in the cost estimate.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1054, Ultra High
Pressure Zone Improvements and to approve the plans, specifications and advertise for bids for Contract 11 -05 with
a bid opening scheduled for 10:30 a.m. on Friday, May 4, 2012. Aye: 4 Nay: 0 Abstention: Mayor Maguire
There were no Old Business items.
OLD BUSINESS
NEW BUSINESS
CONDITIONAL USE PERMIT — RICHARD CASPER
City Administrator Hedges introduced the item regarding a conditional use permit to allow outdoor patio dining in
conjunction with the Class I Cherokee Sirloin Room and Sports Bar restaurant located at 4625 Nicols Road. City
Planner Ridley gave a staff report and background on the item.
Applicant Rick Casper addressed the Council regarding his plan for the restaurant.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a conditional use permit to
allow outdoor patio dining in conjunction with the Class I Cherokee Sirloin Room and Sports Bar located at 4625
Nicols Road, legally described as Lot 2, Block I, Durnings Subdivision, 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 on -sale alcohol license shall include and permit the service of alcoholic beverages in the
outdoor dining area.
3. This approval incorporated the agreement tied to the Variance approval on May 15, 2001.
4. The outdoor dining area is subject to City Code requirements including sewer availability charges
imposed as a result of the additional seating in the outdoor dining area.
5. A Building Permit shall be obtained for the satellite bar and patio extension.
6. Site Lighting shall be downcast and shielded to prevent glare and shall not be visible from the
public right -of -way.
7. Existing landscape material shall remain and no additional landscaping shall be removed from the
property.
8. The Site Plan shall be revised to address the parking concerns and resubmitted for approval by
City Staff prior to the operation of business within the outdoor dining area.
9. The two emergency gates located near the south property line shall provide access at all times and
cannot be locked.
City Council Meeting Minutes
April 3, 2012
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REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT — EAGAN CAR CLUB
City Administrator Hedges noted the City Council action at the time of Agenda Adoption to continue the rezoning,
preliminary planned development and final plat for Eagan Car Club to the April 17, 2012 regular City Council
meeting.
PLANNED DEVELOPMENT AMENDMENT - CHERRYBERRY
City Administrator Hedges introduced the item regarding a planned development amendment to allow a 2,030
square foot yogurt shop and monument sign at 1298 Promenade Place. City Planner Ridley gave a staff report and
background on the item.
The applicant was present and available for questions.
Thomas Giguere, 3616 Tanglewood Court, owner of Dairy Queen, spoke in opposition of the monument sign,
noting if approved he would like a monument sign for the Dairy Queen.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a planned development
amendment to allow a 2,030 square foot yogurt shop at 1298 Promenade Place, subject to the following conditions:
Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder's Office prior to issuance of a building permit. The following plants are required
for the agreement:
• Site Plan
• Building Sign Plan
2. The site shall be developed in conformance with the approved plans:
• Site Plan received March 8, 2012
• Building Sign Plan received February 15, 2012
3. As prescribed by the Promenade PD, all building signs shall be individual channel letters.
4. A sign permit is required prior to the installation of any sign, and signage is subject to all other
requirements of the City Code.
5. Screening of mechanical units shall comply with the City's mechanical screening ordinance and
screening of individual units may be required if necessary to achieve compliance.
6. There shall be no grease ducts and/or Power Rooftop Ventilation installed and utilized with this
tenant space.
7. Outdoor dining is prohibited.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to deny a monument sign at 1298
Promenade Place, and approve building signage on the east and west elevation of the building, per the graphic
provided by the applicant. Aye: 5 Nay: 0
REZONING — DIVERSIFIED INFORMATION TECHNOLOGIES
City Administrator Hedges introduced the item regarding a rezoning from Planned Development to Limited
Industrial for property located at 2871 West Service Road. City Planner Ridley gave a staff report and background
on the item.
The applicant was present and available for questions.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a rezoning from Planned
Development (PD) to Limited Industrial (I -1) upon approximately 6.17 acres located at 2871 West Service Road.
Aye: 5 Nay: 0
City Council Meeting Minutes
April 3, 2012
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REZONING AND FINAL PLANNED DEVELOPMENT — NORTHWOOD EQUITY, LLC
City Administrator Hedges introduced the item regarding a rezoning from Business Park to Planned Development
and a Final Planned Development to permit an approximately 47,525 s.f. office /warehouse building with outdoor
storage of up to 16 commercial vehicles, upon approximately 4.8 acres located at 3265 Northwood Circle. City
Planner Ridley gave a staff report and background on the item.
The applicant was present and available for questions.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a rezoning from Business
Park (BP) to Planned Development (PD) upon approximately 4.8 acres located at 3265 Northwood Circle, legally
described as Lot 1, Block 1, Northwood Business Park 3` Addition. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Planned
Development to permit an approximately 47,525 s.f. office /warehouse building with outdoor storage of up to 16
commercial vehicles, upon approximately 4.8 acres located at 3265 Northwood Circle, 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 officer. The following exhibits are necessary for the Final PD Agreement:
• Final Site Plan
2. This Planned Development Agreement allows for up to 16 stall for the outdoor storage of
commercial vehicles consisting of buses, vans, trucks and the like.
3. The outdoor storage shall occur only in the locations identified on the Final Site Plan.
4. Both Interim Use Permits currently in place for the property will be terminated with the execution
and recording of the Final Planned Development Agreement.
5. The three stalls in the northeast corner of the site shall be related or this storage reduced to two
spaces to provide a minimum 24' drive aisle between the vehicle storage and the trash
enclosure /island. Alternatively, the trash enclosure shall be relocated to accomplish the same.
6. The widening of the concrete entrance apron of Northwood Circle and the service driveway curb,
and associated catch basin structure relocations, shall be completed in accordance with City
engineering standards.
7. A City permit to work in the right -of -way shall be obtained for the proposed work in Northwood
Circle. A City grading permit is required if the parking lot and service drive modifications exceed
10,000 square feet in construction disturbance.
8. Additional landscaping shall be installed along the north side of the storage area to provide
additional screening from the adjacent property.
ADMINISTRATIVE AGENDA
SUSPENSION /TERMINATION OF CONTRACT 11 -08 (CEDAR GROVE BOULEVARD — STREET &
UTILITY IMPROVEMENTS)
Public Works Director Colbert gave a brief staff report and background regarding the need for
suspension /termination of Contract 11 -08 Cedar Grove Boulevard Street and Utility Improvements.
Councilmember Bakken moved, Councilmember Fields seconded to approve the suspension of Contract 11 -08
(Cedar Grove Boulevard — Street & Utility Improvements) for a maximum of 90 days with the condition that the
Contractor shall suspend all orders and subcontracts relating to the suspended part of the contract until the end of
said suspension, and authorize City staff to Terminate said contract if the Contractor does not comply with the
aforementioned condition of Suspension or upon City Council Final Approval of the Paragon Outlets proposal and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
There were no visitors to be heard.
VISITORS TO BE HEARD
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April 3, 2012
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Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:30 p.m.
Aye: 5 Nay: 0
City Clerk
ADJOURNMENT