02/03/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
FEBRUARY 3, 2014
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, and Hansen. Councilmember Tilley was absent.
A regular meeting of the Eagan City Council was held on Monday, February 3, 2014 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen.
Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Director of Communications Garrison, Director of Community Development
Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief
Scott and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted a closed session will be held immediately after the regular City Council
meeting in Conference Rooms 2 A &B to discuss two claims Procknow v. City of Eagan and McCarty v.
City of Eagan.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye :4 Nay:0
RECOGNITIONS AND PRESENTATION
Police Chief McDonald introduced the item noting the Police Department recently commissioned two
new police canines after the previous dogs unexpectedly passed away. McDonald introduced canines
Badger and Bane along with their handlers Officer Andy Helgerson and Officer Rob Waller to the City
Council.
CONSENT AGENDA
Mayor Maguire pulled Item L for further discussion.
Councilmember Fields moved, Councilmember Bakken seconded a motion to the Consent Agenda as
presented: Aye:4 Nay :0
A. It was recommended to approve the minutes of January 14 and 28, 2014 Special City
Council meeting and January 21, 2014 City Council meeting as presented.
B. There were no personnel items.
C. It was recommended to approve check register dated January 17 and 24, 2014.
D. It was recommended to adopt a resolution approving the Exempt Permit for Our Lady of
Peace to conduct a raffle on February 8 at Royal Cliff Banquet and Conference Center, 2280
Cliff Road.
E. It was recommended to set a public hearing for March 4, 2014 to consider the final
assessment of the delinquent utility bills and certify them to Dakota County for collection
with property taxes.
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February 3, 2014
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F. It was recommended to set a public hearing for March 4, 2014 to consider the final
assessment of the delinquent false alarm bills and certify them to Dakota County for
collection with property taxes.
G. It was recommended to set a public hearing for March 4, 2014 to consider the final
assessment of the delinquent mowing, noxious weed and refuse removal bills and certify
them to Dakota County for collection with property taxes.
H. It was recommended to approve Change Order No. 3 to City Contract No.13 -05 (Cedar
Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related
documents.
I. Item removed
J. Item removed
K. It was recommended to approve the Joint Powers Agreement with the Dakota County
Transportation Department for City Project 1150 (Lone Oak Road and Denmark Avenue —
Street Improvements), and authorize the Mayor and City Clerk to execute all related
documents.
L. It was recommended to approve the recommendation of the Public Works Committee
regarding a noise wall proposal east of Interstate 35E, north of Deerwood Drive.
M. It was recommended to approve the recommendation of the Public Works Committee
regarding Project 1110 (Wilderness Run 2nd -4th Additions Street Improvements).
N. It was recommended to approve an amendment to the Development Agreement for Eagan
Pointe Senior Living (Project 13 -M) providing for the extension of site work completion
dates.
0. It was recommended to approve Project 1153 (Trunk Highway 13 /Silver Bell Road and Nicols
Road /Cedar Grove Parkway /Silver Bell Road - Intersection Improvements) and authorize the
preparation of detailed final plans and specifications for the purpose of soliciting bids for a
contract.
P. It was recommended to approve the 2014 July 4th fireworks display contract with RES
Specialty Pyrotechnics in the amount of $25,000.00 and authorize the Mayor and City Clerk
to sign all appropriate documents subject to City Attorney approval.
Q. It was recommended to approve a Premise Permit for the Eagan Hockey Association to
conduct lawful gambling at Saga Bar and Grill, 525 Diffley Road Suite 2010.
PUBLIC HEARINGS
VARIANCE — CARY OLSON
City Administrator Osberg introduced the item noting the Council is being asked to approve a
variance to the height and design standards for an accessory structure upon property located at
3854 Bridgewater Drive. The existing single- family home was constructed on the property in 1993.
In 2009, the owner acquired additional land from a neighbor, extending the lot further south. The
lot is approximately 90 wide and 370' deep and contains 33,362 SF. City Planner Ridley gave a staff
report.
The applicant Cary Olson was available for questions.
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February 3, 2014
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Mayor Maguire opened the public hearing. Ken and Sheree Hoffman, 791 Mill Run Path, addressed the
Council noting their support for the variance. There being no further public comment, Mayor Maguire
turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance to the
height and design standards for an accessory structure upon property located at 3854 Bridgewater
Drive, legally described as Lot 5, Block 1, The Oaks of Bridgewater 3rd Addition, subject to the following
conditions: Aye:4 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 applicant shall obtain a Building Permit for the accessory structure within 60 days of Council
action.
3. Per the submitted plans, the Variance applies to an accessory structure with a height of 12' and
two - tiered roof.
PROJECT 1138, CEDAR INDUSTRIAL PARK STREET IMPROVEMENTS
City Administrator Osberg introduced the item noting January 7, 2014, the feasibility report for
Project 1138 was presented to the City Council and a Public Hearing was scheduled for February 3,
2014, to formally present and discuss the report with the adjacent property owners. Assistant City
Engineer Nelson gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1138
(Cedar Industrial Park — Street Improvements) as presented and authorize the preparation of detailed
plans and specifications. Aye: 4 Nay: 0
PROJECT 1114, CEDAR GROVE ADDITIONS STREET IMPROVEMENTS
City Administrator Osberg introduced the item noting January 7, 2014, the feasibility report for
Project 1114 was presented to the City Council and a Public Hearing was scheduled for February 3,
2014, to formally present and discuss the report with the adjacent property owners. Assistant City
Engineer Nelson gave a staff report.
The Council discussed the street improvements.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1114
(Cedar Grove Additions — Street Improvements) as presented and authorize the preparation of detailed
plans and specifications. Aye: 4 Nay: 0
City Council Meeting Minutes
February 3, 2014
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OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
PRELIMINARY AND FINAL SUBDIVISION (FOX FOREST THIRD ADDITION) — PETER RAMSTAD
City Administrator Osberg introduced the item noting the Council is being asked to approve two
actions a Preliminary Subdivision and a Final Subdivision on a shared boundary on property located
north of Diffley and west of Lexington Way. Both properties are currently zoned R -1, each are in
the McCarthy Shoreland Overlay District and are occupied by a single family residence. Osberg
noted a rezoning and subdivision was approved in 2001 for Lot 1 which shared boundary line and
rectified a non - conforming condition as the property did not meet the minimum 5 acre
requirement of the A zoning district. City Planner Ridley gave a staff report.
The applicant, Peter Ramstad, was available for questions.
Mayor Maguire asked if anyone in the audience would like to comment on the preliminary and final
subdivision. There being no public comment, he turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Preliminary
Subdivision to relocate a shared boundary on property located north of Diffley Road and west of
Lexington Way at 4139 and 4145 Lexington Way, subject to the following conditions: Aye: 4 Nay: 0
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 2, 1993: Al and B1.
2. The property shall be platted.
3. The property owners shall enter into a Final Subdivision Development Contract with the City.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Final
Subdivision (Fox Forest Third Addition) to relocate a shared boundary upon approximately 6.89 acres
located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way. Aye: 4 Nay: 0
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT —SIGN SOURCE
City Administrator Osberg introduced the item noting the request would be an amendment to the
Planned Development that would allow for a pylon sign with dynamic display upon property
located at 3340 Sherman Court. The property contains an 8,200 SF office building constructed in
2004 as part of Birchwood Office Park. Osberg noted use and development of the property is
governed by a Final Planned Development Agreement. City Planner Ridley gave a staff report.
The applicant, Greg Rendall, was available for questions.
The Council discussed the planned development amendment.
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February 3, 2014
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Mayor Maguire asked if anyone in the audience would like to comment on the planned development
amendment. There being no public comment, he turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment for a pylon sign with dynamic display upon property located at 3340
Sherman Court, subject to the following conditions: Aye: 4 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded with the
Dakota County Recorder's office prior to issuance of a Sign Permit.
2. An administrative Sign Permit is required prior to installation of the new sign panel and dynamic
display.
3. The pylon sign panels shall not exceed the dimensions as indicated on the sign exhibit dated
December 26, 2013.
4. The pylon sign shall comply with all Sign Code requirements.
5. The wood posts adjacent to the pylon sign shall be removed by July 1, 2014.
6. The pylon sign shall be improved per the original plan with masonry base to match the building
and landscaping. The painted portion of the poles shall be repainted as necessary to maintain
them in good repair. Construction of the masonry base and repainting of the support poles shall
be completed by July 1, 2014.
7. A Landscape Plan for the base of the sign shall be provided for staff review and approval, to be
incorporated into the PD Amendment Agreement. The Landscape Plan shall be installed by July
1, 2014.
PLANNED DEVELOPMENT AMENDMENT — MFC PROPERTIES (TOWN CENTRE SHOPPES)
City Administrator Osberg introduced the item noting the request would be an amendment to the
Planned Development to add a drive - through facility upon property located at 3450 Denmark
Avenue. The property contains a 19,300 SF multi- tenant retail building constructed in 1988. A
drive - through lane is proposed on the south side of the building. City Planner Ridley gave a staff
report.
The applicant, Bruce Miller with MFC Properties, provided a summary of the request and was
available for questions. Mr. Miller asked the Council to give consideration to remove conditions 5
and 6 and the green space restoration plan from condition 1. Mr. Miller stated he is seeking relief
from the required conversion of impervious area to green space. He explained with a site upgrade
in 2008 that added additional green space of over 1,770 SF they feel they have met the required
standards.
The Council discussed the planned development amendment. Mayor Maguire noted his concern
with the volume of public traffic using the back of the building after taking the left hand turn from
the drive - through. Councilmember Fields also noted her concern about the traffic and stated she
was not supportive of the current plan. Councilmember Hansen noted his concern regarding the
current signage between the southern building and Walgreens - it does not allow a left hand turn
going west between the two buildings.
Mayor Maguire asked if anyone in the audience would like to comment on the planned
development amendment. There being no public comment, he turned the discussion back to the
Council.
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February 3, 2014
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Councilmember Bakken made note of the Council's the concerns and suggested putting in a cul -de-
sac or some larger turning area to allow a right -hand turn. He noted that he is not supportive of
the current plan, but would be open to do something different, address the concerns of traffic
movement, and still get the tenant the drive - through access that they want.
Staff asked for further clarification from Council on the green space issues.
Councilmember Bakken and Mayor Maguire stated they believed that no net loss of green space
was a reasonable expectation.
Councilmember Bakken moved, Councilmember Fields seconded a motion to continue the item to the
March 4, 2014 City Council meeting. Aye: 4 Nay: 0
The Council took a 10 minute break.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY ATTORNEY
City Attorney Dougherty noted a closed session will following immediately after the Council meeting to
discuss two claims against the City of Eagan, Procknow and McCarty.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:30 p.m. Aye: 4 Nay: 0
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