10/15/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 15, 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 15, 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 Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 4 Nay: 0 (Councilmember Tilley was not present)
RECOGNITIONS AND PRESENTATION
Director of Public Works Matthys noted Utility Superintendent Jon Eaton was recently recognized with
the 2013 Leonard N. Thompson Award. Representatives from the North Central Section of the American
Water Works Association presented Eaton with a plaque. The Council congratulated Eaton and
expressed appreciation for his dedicated service to the citizens and businesses of Eagan.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to the Consent Agenda as
presented: Aye:5 Nay:0
A. It was recommended to approve the minutes of October 1, 2013 City Council meeting.
B. Personnel Items
1. It was recommended to approve the hiring of Sara Larsen, Temporary
Receptionist /Clerical Technician II in Administrative Services.
2. It was recommended to approve the hiring of Crystal Couillard, Strategic & Digital
Marketing Specialist in the Communications Department.
3. It was recommended to approve the reorganization of staff in the Parks & Recreation
Department.
4. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation.
C. It was recommended to approve check registers dated September 27 and October 4, 2013.
D. It was recommended to approve a resolution to accept a donation of $200 from Alerus for
the Fire Department and authorize the necessary budget adjustments.
E. It was recommended to receive Final Assessment Report for Project No. 1100 — Dodd Road
(Cliff Road to Diffley Road) - Street Improvements and Schedule Public Hearing for
November 19, 2013.
F. It was recommended to receive Final Assessment Report for Project No. 1097 — Summer
Place/ Summer Place Second Additions - Street Improvements and Schedule Public Hearing
for November 19, 2013.
City Council Meeting Minutes
October 15, 2013
2 page
G. It was recommended to receive Final Assessment Report for Project No. 1046 — Old Sibley
Highway- Street Improvements and Schedule Public Hearing for November 19, 2013.
H. It was recommended to receive Final Assessment Report for Project No. 1121— Patrick
Addition (Hay Lake Court) — Street Improvements and Schedule Public Hearing for
November 19, 2013.
I. It was recommended to receive Final Assessment Report for Project No. 1120 — Nicols Road
(Cedar Grove Parkway to Meghan Lane) — Street Improvements and Schedule Public Hearing
for November 19, 2013.
J. It is recommended to receive Final Assessment Report for Project 1119 — Eagandale Center
Industrial Park (Neil Armstrong Boulevard, Mike Collins Drive) — Street Improvements and
Schedule Public Hearing for November 19, 2013.
K. It is recommended to receive Final Assessment Report for Project 1118 — Dodd Farm (Calvin
Court) — Street Improvements and Schedule Public Hearing for November 19, 2013.
L. It is recommended to approve a Resolution In Support of Dakota County's 5 -Year
Transportation Capital Improvement Program (2014 -2018) with a request to add $2,200,000
of County costs for improvements to Pilot Knob Road between Yankee Doodle Road and
Central Parkway for 2016 Construction.
M. It is recommended to award City Contract 13 -23 (Rathman Addition — Sewer & Water
Services).
N. It is recommended to approve Final Payment, City Contract No. 13 -08, High Water Pressure
Zone — In House Pump Removals.
0. It is recommended to approve an Agreement with Dakota County Technical College (DCTC) -
Defensive Driver Training.
P. It is recommended to approve a Joint Powers Agreement with Dakota County
Transportation — Storm Water Management Facilities.
Q. It is recommended to approve a Resolution Terminating the Gun Club Lake Watershed
Management Organization Joint Powers Agreement as of January 14, 2014, and authorize
preparation of a replacement Joint Powers Agreement between the Cities of Eagan and
Inver Grove Heights.
R. It is recommended to approve Extension of Final Plat Recording for Kennerick 4t" Addition.
S. It is recommended to approve an Exempt Permit for Eagan High School Drumline Booster Club,
Inc. to hold a raffle on February 1, 2014.
T. It is recommended to reschedule a Public Hearing to certify delinquent Utility Bills to November
4, 2013.
U. It is recommended to reschedule a Public Hearing to certify delinquent mowing, noxious weed
and refuse removal bills to November 4, 2013.
V. It is recommended to reschedule a Public Hearing to certify delinquent false alarm bills to
November 4, 2013.
W. It is recommended to approve an Exempt Permit for Eagan Resource Center to hold a raffle
on December 5, 2013.
City Council Meeting Minutes
October 15, 2013
3 page
PUBLIC HEARINGS
FINAL ASSESSMENT HEARING
PROJECT NO. 1096 — WILLBROOK ADDITION
City Administrator Osberg introduced the item noting Project 1096 provided street improvements
within the Willbrook Addition, a single - family residential neighborhood in central Eagan. Director
of Public Works Director 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 Bakken seconded a motion to approve the Final
Assessment Roll for Project 1096 ( Willbrook Addition — Street Improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING
PROJECT NO. 1105 — THE OAKS OF BRIDGEWATER ADDITIONS
City Administrator Osberg introduced the item noting Project 1105 provided street improvements
on the residential neighborhood streets of The Oaks of Bridgewater 15t — 3rd Additions in eastern
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 Bakken seconded a motion to approve the Final
Assessment Roll for Project 1105 (The Oaks of Bridgewater 15t — 3rd Addition — Street improvements) and
authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING
PROJECT NO. 1101— HIDDED VALLEY
City Administrator Osberg introduced the item noting Project 1101 provided street improvements
within Hidden Valley, a single - family residential neighborhood located 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 Bakken seconded a motion to approve the Final
Assessment Roll for Project 1101 (Hidden Valley — Street Improvements) and authorize its certification
to Dakota County for collection. Aye: 5 Nay: 0
City Council Meeting Minutes
October 15, 2013
4 page
FINAL ASSESSMENT HEAING
PROJECT NO. 1099 — TED WACHTER ADDITION (CIVIC CENTER DRIVE)
City Administrator Osberg introduced the item noting Project 1099 provided street improvements
on Civic Center Drive on the City's municipal campus 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 Bakken seconded a motion to approve the Final
Assessment Roll for Project 1099 (Ted Wachter Addition (Civic Center Drive) — Street Improvements)
and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING
PROJECT NO. 1059 — EAGAN WOODS OFFICE PARK
City Administrator Osberg introduced the item noting Project 1059 provided street improvements
within the Eagan Woods Office Park, a mixed use neighborhood with commercial offices in
northwest 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 Bakken seconded a motion to approve the Final
Assessment Roll for Project 1059 (Eagan Woods Office Park — Street Improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING
PROJECT NO. 1085 — DENMARK AVE — PROMENADE PLACE TOWN CENTRE DRIVE
City Administrator Osberg introduced the item noting Project 1085 provided for street
improvements on a commercial segment of Denmark Avenue, located 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 Bakken seconded a motion to approve the Final
Assessment Roll for Project 1085 (Denmark Avenue, Promenade Place to Town Centre Drive — Street
Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
VARIANCE —1684 GALWAY LANE - PLUNKETT
City Administrator Osberg introduced the item noting the Council is being asked to give
consideration of a Variance request on a lot coverage percentage. The lot under consideration is
12,459 square feet and has lot coverage of 19.2 %. The applicants are proposing to remove and
replace an existing 14' x 16' deck with a two - tiered deck, with the upper 14' x 19' section screened
City Council Meeting Minutes
October 15, 2013
5 page
and covered with a roof structure extending from the house. Osberg noted the additional 266
square feet of covered space would cause the property to exceed the 20% building coverage
required by 1.3 %. City Planner Ridley gave a staff report. The applicants were available for
questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a 1.3% Variance
to the allowed 20% maximum building lot coverage for property located at 1684 Galway Lane, subject to
the following conditions: 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.
2. The new structure shall comply with all other applicable Zoning Ordinance and Building Code
requirements.
VARIANCE — HOLIDAY STATIONSTORES
City Administrator Osberg introduced the item noting the site was developed in 2004 with a
convenience gas station and detached car wash. A conditional use permit to allow these uses along
with a pylon sign and gasoline sales was approved in 2003. A condition of the car wash CUP
required the entry /exit doors to close during the wash /dry cycles. The construction of the car wash
did not accommodate this requirement. Osberg noted City staff alerted Holiday Stationstores of
the issue after receiving a noise complaint in 2012. Holiday Stationstores began leasing the
property in 2007 and were unaware of the CUP condition. They proposed a building addition to
retrofit the car wash. City Planner Ridley gave a staff report. The applicant was available for
questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of
127' to the required 25 -foot private street setback for construction of a building addition for property
located at 1650 Diffley Road, subject to the following conditions: 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.
2. A building permit shall be required prior to construction of the building.
3. The building shall not exceed the size shown on the proposed Site Plan received September 23,
2013.
4. All mechanical equipment shall be screened from views from off the site, consistent with the
provisions in the City Code.
5. The proposed addition shall be designed to match the existing materials of the car wash.
City Council Meeting Minutes
October 15, 2013
6 page
VARIANCE — KOHL'S
City Administrator Osberg introduced the item noting Kohl's is proposing to remodel the front
building fagade of the store located at 1350 Town Centre Drive. No changes to the building
footprint are proposed. The Kohl's building was constructed in 1994, and the property is zoned
CSG, Community Shopping Center. Osberg noted the applicant is proposing a change in the
exterior surface reducing the amount of Class I material and increasing the Class II and III material,
all part of the Ordinance adopted in 2006. City Planner Ridley gave a staff report and provided
additional information.
Adam Stein, Manager of Architecture for Corporate Kohl's provided an overview of the request and
was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
The Council discussed the variance request. Mayor Maguire noted concern about the general
policy question of compromising the City's exterior material standards of allowing a conforming
building to become nonconforming. He asked Mr. Stein if the revitalized look could be done with
Class I materials to achieve the branding and aesthetic Kohl's is looking for, but still maintains
compliance with City Codes. Mr. Stein explained why Class I materials were not considered due to
structural issues that would present. After further discuss the Council was in agreement that
further discussion and review was needed and continued the item to the next City Council meeting.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Variance to the
November 4, 2013 City Council meeting. Aye: 5 Nay: 0
OLD BUSINESS
There was no old business to be heard.
NEW BUSINESS
There was no new business to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
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Councilmember Hansen noted last evening he attended the Minnesota Public Transit Association's
Annual meeting along with Dakota County Board Chair Kathleen Gaylord and Metropolitan Council
Member Wendy Wulff where they jointly accepted the 2013 Management Innovation Award in
recognition of the opening of the Cedar Avenue Bus Rapid Transit Red Line Service.
City Council Meeting Minutes
October 15, 2013
7 page
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
7:45 p.m. Aye: 5 Nay: 0
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Mayor
City Clerk