10/01/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 1, 2013
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.
A regular meeting of the Eagan City Council was held on Tuesday, October 1, 2013 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 Osberg, Director of Communications Garrison, Director of
Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public
Works Matthys, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations to be heard.
CONSENT AGENDA
The Council requested Consent items L and S be pulled for further discussion and separate voting.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to the Consent Agenda as
presented: Aye:5 Nay:0
A. It was recommended to approve the minutes of September 10, 2013 Special City
Council Meeting and the minutes of September 17, 2013 regular City Council meeting
as presented.
B. Personnel Items
1. It was recommended to approve the promotion of Denice Muccio -Grout to Utility Billing
& Special Assessments Specialist and authorize the replacement of her former position
as PT Receptionist/ Clerical Technician II in Administrative Services.
2. It was recommended to authorize the hiring of a part -time Temporary Receptionist/
Clerical Technician II in Administrative Services.
3. It was recommended to approve the hiring of the Temporary FT Clerical Technician in
Community Development.
4. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation.
C. It was recommended to approve check registers dated September 13 and 20, 2013.
D. It was recommended to approve the replacement of three rooftop units on the City
Hall /Police building that were damaged in the August 6 storm and amend the five year
General Facility Renewal & Replacement CIP.
E. It was recommended to receive Final Assessment Report for Project No. 1116 — Duckwood
Crossings (Crestridge Drive) - Street Improvements and Schedule Public Hearing for
November 4, 2013.
City Council Meeting Minutes
October 1, 2013
2 page
F. It was recommended to receive Final Assessment Report for Project No. 1109— Ridgehaven
Acres /Rustic Hills /Skyline - Street Improvements and Schedule Public Hearing for November
4, 2013.
G. It was recommended to receive Final Assessment Report for Project No. 1106 — Blackhawk
Glen /Blackhawk Ridge - Street Improvements and Schedule Public Hearing for November 4,
2013.
H. It was recommended to receive Final Assessment Report for Project No. 1115 —Wescott
Hills /The Woodlands North /Trails End —Street Improvements and Schedule Public Hearing
for November 4, 2013.
I. It was recommended to receive Final Assessment Report for Project No. 1111— Great Oaks —
Street Improvements and Schedule Public Hearing for November 4, 2013.
J. It was recommended to approve an Amendment to Assessment /Easement Agreement with
Cedarvale Business Center for Project 888 — Cedar Grove Parkway —Trail and Lighting
Improvements.
K. It was recommended to approve a Joint Powers Agreement with Dakota County
Transportation Department, City Project No. 971 - Duckwood Drive Overpass, Pilot Knob
Road to Federal Drive —Street and Utility Improvements.
L. Item pulled
M. It was recommended to award the contract for Contractual Snow & Ice Control Services.
N. It was recommended to approve an Amendment to Water Quality Cost -Share Partnership
Program with All Saints Lutheran Church — Parking Lot Biofiltration.
0. It was recommended to approve Change Order No. 2, City Contract No. 13 -12, Cedar
Grove Parkway Trail & Lighting Improvements.
P. It was recommended to approve Final Payment, City Contract No.13 -02, Citywide Street
Improvements.
Q. It was recommended to approve Final Payment, City Contract No. 13 -17, 1 &1 Manhole
Sealing.
R. It was recommended to approve Final Plat for Cedar Grove 3rd Addition.
S. Item pulled
T. It was recommended to approve an Exempt Permit for Caring Souls to hold a raffle on
December 31, 2013 at 2956 Center Court.
U. It was recommended to approve a Premise Permit for the Eagan Lions to lawful gambling at
La Fonda de los Lobos, 3665 Sibley Memorial Highway.
V. It was recommended to approve an Exempt Permit for Moms & Neighbors, Inc. to hold a
raffle on November 8, 2013 at 4185 South Robert Trail.
Mayor Maguire noted Items L. Approve Vacation of Public Drainage & Utility Easements — Lot 1, Block 1,
Parkview Golf Club and Item S. Approve Final Subdivision and Final Planned Development for Dakota Path
and IMPLEMENT Comprehensive Guide Plan Amendment for Lot 1, Block 4 have been pulled for further
discussion and provided clarification of what each item was requesting for approval.
City Administrator Osberg introduced item S noting the Council is asked to consider for approval a Final
Planned Development, a Final Subdivision, and a Comprehensive Guide Plan Amendment. City Planner
Ridley gave an overview of the process required for a final planned development and final subdivision.
City Attorney Dougherty addressed questions surrounding the final improvement for Dakota Path and
the tree located on the easement vacation for Parkview Golf Club and the issue of the sanitary sewer
connection.
City Council Meeting Minutes
October 1, 2013
3 page
The Council discussed directional drilling as an option to preserve the tree.
Ron Mullenbach, representing D.R. Horton, provided some context on the issues of directional boring
and provided an estimated cost. Mr. Mullenbach noted D.R. Horton is aware of other commitments
that may have been made by Hunter Emerson and are willing to work independently with the property
owners at the appropriate time. He indicated that D.R. Horton wants to be a good neighbor and, where
at all possible, will try to accommodate those requests.
Mayor Maguire asked if D.R. Horton has an interest in doing the directional drilling. Mr. Mullenbach
indicated they are not opposed to it, but are concerned with the cost and suggested all parties get
together to discuss the financial responsibility.
Mayor Maguire opened the meeting for public comment. The following Eagan residents addressed the
Council with questions and /or concerns about commitments made by the previous developer and
possible options to preserve the tree on Mr. Poppler's property: Kathleen Brown, 1386 Camelback
Drive, Larry Poppler, 4608 Fairway Hills Drive, Amy Cutter, 4680 Fairway Hills Drive, Mark Skweres, 4616
Fairway Hills Drive, Debbie Hager, 4648 Fairway Hills, and Joe Miller, 4640 Fairway Hills Drive.
Mayor Maguire asked staff to respond to all questions and concerns presented by the residents. City
Administrator Osberg and City staff responded to all of the questions raised by residents during the
public testimony.
The Council discussed the issues. After further discussion, it was the consensus of the Council to defer
the directional drilling to preserve the tree to a future Public Works Committee Meeting.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the vacation of
public drainage and utility easements located on Lot 1, Block 1, Parkview Golf Club, and authorize the
Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Planned
Development upon approximately 79 acres located south of Cliff Road and east of Pilot Knob Road. Aye:
5 Nay:0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final
Subdivision (Dakota Path) to create 57 lots and 6 outlots upon approximately 80 acres located south of
Cliff Road and east of Pilot Knob Road with addition of the following condition: Aye: 5 Nay: 0
As stated by the developer directional boring shall be done for the connection to the sanitary
sewer easement through the Poppler property to Fairway Hills Drive. The City at its discretion
may reimburse the developer on completion thereof in an amount to be negotiated. Plans for
the boring and connection shall be submitted by the developer and approved by the City prior
to installation.
Councilmember Fields moved, Councilmember Bakken seconded a motion to implement a
Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Density) to QP
(quasi - Public for 0.48 acres located south of Cliff Road between Fairway Hills Drive and Parkcliff Drive,
proposed as Lot 1, Block 4, Dakota Path. Aye: 5 Nay: 0
City Council Meeting Minutes
October 1, 2013
4 page
The Council took a 10 minute break.
PUBLIC HEARINGS
FINAL ASSESSMENT HEARING
PROJECT NO. 1110 — WILDERNESS RUN 2ND —4 TH — STREET IMPROVEMENTS
City Administrator Osberg introduced the item noting Project 1110 provided street improvements
on the residential streets of Wilderness Run 2 °d — 4t" Additions in south central Eagan. Director of
Public Works Matthys gave a staff report noting a written objection was received from David Hines.
Mayor Maguire opened the public hearing. David Hines, 4395 Nybro Circle, addressed the Council
noting his objection with the assessment for the street improvements on Nybro Circle. There being no
further public comment, he turned discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final
Assessment Roll for Project 1110 (Wilderness Run Second - Fourth Additions — Street Improvements) and
authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
The Council discussed the issue. After further discussion, it was the consensus of the Council to defer
Mr. Hines concerns about the street improvements as related to his driveway to a future Public Works
Committee meeting.
PROJECT NO. 1107 — PARK CENTER DRIVE
STREET IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Osberg introduced the item noting Project 1107 provided street improvements
on Park Center Drive, a commercial /residential street in southwest Eagan.
Director of Public Works Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final
Assessment Roll for Project 1107 (Park Center Drive —Street improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT NO. 1029 — SOUTH OAKS
STREET IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Osberg introduced the item noting Project 1029 provided street improvements
for the residential streets of South Oaks, a neighborhood in southeast Eagan.
Director of Public Works Matthys gave a staff report.
City Council Meeting Minutes
October 1, 2013
5 page
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final
Assessment Roll for Project 1029 (South Oaks —Street Improvements) and authorize its certification to
Dakota County for collection. Aye: 5 Nay: 0
PROJECT NO. 1098 — WEXFORD /WEXFORD 2nd ADDITIONS
STREET IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Osberg introduced the item noting Project 1098 provided street improvements
for the residential streets of Wexford and Wexford 2 d in central Eagan.
Director of Public Works Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final
Assessment Roll for Project 1098 (Wexford /Wexford 2nd —Street Improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT NO. 1117 — MANOR LAKE /LAKEVIEW TRAIL
STREET IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Osberg introduced the item noting Project 1117 provided street improvements
on Manor Lake and Lakeview Trail neighborhood residential streets in south east Eagan.
Director of Public Works Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final
Assessment Roll for Project 1117 (Manor Lake /Lakeview Trail — Street Improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
PROJECT NO. 1065 — LEXINGTON WAY
STREET IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Osberg introduced the item noting Project 1065 provided street improvements
on Lexington Way, a mixed use street in central Eagan.
Director of Public Works Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
City Council Meeting Minutes
October 1, 2013
6 page
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final
Assessment Roll for Project 1065 (Lexington Way — Street Improvements) and authorize its certification
to Dakota County for collection. Aye: 5 Nay: 0
There was no old business to be heard.
OLD BUSINESS
NEW BUSINESS
CONDITIONAL USE PERMIT AND VARIANCES— CARIBOU COFFEE
City Administrator Osberg introduced the item noting the Council is being asked to consider three
action items to approve a Conditional Use Permit to allow a drive through, a Variance to parking
stall width and a Variance to reduce the number of required parking stalls for the property located
at 1380 Duckwood Drive.
City Planner Ridley gave a staff report noting the APC typically does not take action on Variances
unless they are part of another request, such as this situation. The Variances were recommended
for approval on split votes as the APC toiled with the "practical difficulty" Variance language in the
City Code. The APC asked if parking stall standards could be discussed by the commission at a later
date. Ridley noted additional discussion occurred regarding creation of a bypass lane to allow
customers to circulate behind the building and exit onto Duckwood Drive. A revised Site Plan was
prepared and received.
Todd Geller representative of the property owner provided background information and an
overview of the request and was available for questions. A representative of Caribou was available
for questions.
The Council discussed the proposed stall widths. Mr. Geller explained if they went to all 9' 6" foot
stalls in the front of the building and 10 foot 90 degree stalls on the back parking stalls they would
lose an additional four stalls. As proposed, the site would be four stalls short of the Code
requirement. After more discussion, the Council was in agreement that all stalls shall be striped to
be no less than 9' 6" wide with the understanding that the site would be eight stalls short.
Mayor Maguire noted the City Code should match what the industry is using for parking stalls and
deferred parking stall standards to be discussed at a future Advisory Planning Commission meeting.
Councilmember Fields agreed with the Mayor but stated her preference for wider stalls due to the
popularity of larger SUV's.
Mayor Maguire noted he had a few concerns: 1) the back of the building receiving deliveries and
the through traffic, and 2) the fire lane in the front of the building.
Mr. Geller responded to the Mayor's concerns.
City Council Meeting Minutes
October 1, 2013
7 page
Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being
no public comment, he turned discussion back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit (CUP) to allow a drive through for property located at 1380 Duckwood Drive, subject to the
following conditions as amended: 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:
e Site Plan received September 5, 2013
2. A 10 foot clearance shall be maintained around fire hydrants, specifically near the drive through
directional signage at the entrance of the drive through lane.
3. The drive through awning and clearance bar shall be a minimum of 13'6" in height and noted as
such on the Clearance Bar sign.
4. All signage shall be subject to compliance with City Code standards and a Sign Permit is required
prior to installation of any new signs.
5. The Fire Lane shall be striped and signed per the Site plan received September 5, 2013. The
applicant shall install "No Parking Fire Lane" signs with spacing to be every 100 feet apart, in a form
acceptable to the City Fire Marshal. This shall be completed by May 1, 2014.
6. Trash and recycling receptacles shall be kept inside the building or within an enclosure constructed
according to City Code standards.
7. Any dead or diseased plants shall be replaced in accordance with the City Code by June 1, 2014.
8. A 20 foot clear zone with surmountable curb between the parking lot and drive aisle shall be
designed for emergency vehicle access only, as shown on the Site Plan received September 5, 2013.
9. The rear of the building shall include a painted lane delineating through traffic and a painted area
delineating loading areas adjacent to the building.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Variance to
parking stall width for the property located at 1380 Duckwood Drive, subject to the following conditions
as amended: Aye: 5 Nay: 0
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.
All parking stalls shall be striped at no less than 9' 6" in width and depicted on a revised Site Plan
submitted prior to any permits being issued and the work shall be completed by May 1, 2014.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance to
reduce the number of required parking stalls for the property located at 1380 Duckwood Drive, by no
more than eight stalls to be shown on a revised Site Plan, subject to the following conditions as
amended: Aye:5 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 and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
City Council Meeting Minutes
October 1, 2013
8 page
The revised parking lot layout shall be depicted on a revised Site Plan to be submitted prior to any
permits being issued.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
COUNCIL
Mayor Maguire noted City Administrator Osberg recently moved to Eagan and welcomed him as a new
resident.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
11:07 p.m. Aye: 4 Nay: 0
Date
Mayor
City Clerk