02/06/2007 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
February 6, 2006
A listening session was held on February 6, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center.
Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Ken Vicarra who lives at
Aspen Woods Apartments suggested the Police Department purchase additional decoy vehicles to help catch
thieves that are breaking into cars. Police Chief McDonald was directed by Council to check into getting an
additional vehicle for decoy purposes donated to the City.
A regular meeting of the Eagan City Council was held on February 6, 2007 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. Also present were
City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom
Colbert; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk
Mira Pepper.
AGENDA
City Administrator Hedges noted that an Executive Session will be held following the regular meeting.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Dispatchers Dawn Anderson, Sandra Flategraff and Kathryn Hoffman were recognized for their years of service
with the City.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as
presented. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the January 16, 2007 regular City Council
meeting and the January 9, 2007 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Stephanie Schanus as a part-time Clerical Tech III
in Community Development.
2. It was recommended to approve the transfer of 50% of the sick balance of the City?s former
Dispatch Supervisor, to the Dakota Communications Center.
C. Check Registers. It was recommended to ratify the check registers dated January 18, 2007, January 25,
2007 and February 1, 2007 as presented.
D. Industrial Revenue Bonds. It was recommended to approve a Resolution to Refinance the 1997 City of
Eagan (Master Mechanical) Industrial Development Revenue Bonds.
E. Agreement. It was recommended to approve an agreement with Dakota County for Public Health
Emergency Preparedness Grant.
F. Project 778. It was recommended to approve Easement Agreements for Project 778 (TH 149 Upgrade ?
Street Upgrade and Trail Improvements) with the owner of Parcels No. 10-45900-041-00 and 10-80201-
010-01 and authorize the Mayor and City Clerk to execute all related documents.
G. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade ?
Street Upgrade and Trail Improvements) with the owner of the Soo Line Railroad/Canadian Pacific
Railway right-of-way and authorize the Mayor and City Clerk to execute all related documents.
H. Contract 06-02. It was recommended to approve the final payment for Contract 06-02 (Citywide ? Street
Overlays and Improvements) in the amount of $30,894.80 to McNamara Contracting, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
Eagan City Council Meeting Minutes
February 6, 2007
Page 2
I. Contract 06-03. It was recommended to approve the final payment for Contract 06-03 (Citywide ? Street
Overlays) in the amount of $19,632.86 to McNamara Contracting, Inc., and accept the improvements for
perpetual City maintenance subject to warranty provisions.
J. Contract 06-09. It was recommended to approve the final payment for Contract 06-09 (Nicols Road ?
Sidewalk Improvements) in the amount of $106,450.99 to O?Malley Construction, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
K. Project 938. It was recommended to receive the Final Assessment Roll for Project 938 (Nicols Road ?
Sidewalk Improvements) and schedule a public hearing to be held on March 6, 2007.
L. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility
rd
easements within Lots 1 and 2, Block 1, Terra Glenn 3 Addition and schedule a public hearing to be
held on March 6, 2007.
M. Extension of Preliminary Subdivision Approval. It was recommended to approve a one-year extension of
the Preliminary Subdivision approval for Gustafson Addition, consisting of two lots on approximately
2.38 acres located south of Red Pine Lane in the SE ¼ of Section 36.
N. Extension for recording of CUP. It was recommended to approve a 60-day extension to the recording of a
Conditional Use Permit for outdoor storage, for property located at 4870 Biscayne Avenue in the SE ¼ of
Section 36.
O. Final Subdivision. It was recommended to approve a Final Subdivision (Madelyn Woods Addition) to
create eight single-family lots upon 6.7 acres located south of Cliff Road and west of Lenore Lane in the
NE ¼ of Section 32.
P. Donation. It was recommended to approve a resolution accepting an anonymous donation of a Medtronic
07-05
LIFEPAK Automated External Defibrillator (AED).
Q. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy
Establishment License for Allison Webster (Rejuv Skin and Laser Center), 1625 Lena Court #300.
R. Contract with Dakota County. It was recommended to approve the renewal of a one year contract with
Dakota County for the provision of Sentence to Service work.
Pulled for discussion
S. . Award Bid. It was recommended to award a bid for construction of a new 75? Fire
Ladder Truck to Pierce Manufacturing for a total cost of $527,196.80. (includes a trade-in value of
APPROVED: Fields ? Bakken 5-0
$100,000 for current truck)
T. Comprehensive Guide Plan Amendment. It was recommended to continue this request to the February 20,
2007 City Council meeting for consideration of a Comprehensive Guide Plan Amendment to change the
land use designation from Special Area ? Office / Service, to Special Area ? Retail Commercial, upon
approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE ¼ of
Section 9.
U. Agreement with Tree Trust. It was recommended to approve an agreement with Tree Trust to become a
host site for a Community Support Program.
PUBLIC HEARINGS
There were no public hearings.
OLD BUSINESS
There were no items of Old Business.
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT ? EAGAN STATION
City Administrator Hedges introduced this item regarding a Planned Development Amendment to add a detached
trash enclosure to the existing building at 3450 Pilot Knob Road (MVTA Eagan Station). City Planner Ridley
gave a staff report.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Planned Development
Amendment to add a detached trash enclosure to the existing building at 3450 Pilot Knob Road, legally described
as Lot 1, Block 1, MVTA Eagan Station, in the NW ¼ of Section 15, subject to the following conditions:
Eagan City Council Meeting Minutes
February 6, 2007
Page 3
Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder?s office.
2. The enclosure shall be located and constructed as shown on the Site/Details Plan sheet dated
December 2, 2003.
INTERIM USE PERMIT ? NORTHWOOD EQUITY
City Administrator Hedges introduced this item regarding an Interim Use Permit to allow outdoor storage of 47
vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle. City Planner Ridley gave a staff
report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to
allow outdoor storage of 47 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1,
nd
Block 1, Northwood Business Park 2 Addition in the SE ¼ of Section 10, subject to the following conditions:
Aye: 5 Nay: 0
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City
Council, and proof of recording submitted to the City.
2. Storage is permitted for four blood mobiles that are 40 feet in length, 10 cut-away vans, six mobile
vans that are 24 feet in length and 23 vans for outdoor storage associated with this IUP.
3. Storage is also permitted for three buses that are 25 feet in length and one van for outdoor storage
associated with this IUP.
4. The IUP shall terminate on July 31, 2012.
5. The outdoor storage shall occur in the designated storage areas as indicated on the Site Plan dated
April 24, 2002 and received January 17, 2007.
6. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall
be to determine that the conditions of the permit are within compliance. The IUP may be revoked for
failure to comply with any condition of the permit following notice of the noncompliance and a
hearing by the City Council with all interested parties being given an opportunity to be heard.
INTERIM USE PERMIT ? RESOURCE ENVIRONMENTAL SERVICES
(GOPHER RESOURCES)
City Administrator Hedges introduced this item regarding an Interim Use Permit to operate a yard waste compost
facility and landscape yard at 805 Yankee Doodle Road. City Planner Ridley gave a staff report.
John Tapper, Gopher Resources, discussed the proposed compost facility and requested that the existing signs on
the property be allowed to remain.
Gino Pitera, Gertens, discussed the long term use of the site as a compost facility.
Council discussion occurred relative to the non-conforming signage issue and it was determined that condition #8
should remain the same but the applicant was encouraged to submit an application for the Council to consider a
Variance to the signage standards.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to
operate a yard waste compost facility and landscape yard at 805 Yankee Doodle Road, located north of Yankee
Doodle Road at Elrene Road in the SW ¼ of Section 12, subject to the following conditions: Aye: 5 Nay: 0
1. The permit shall expire June 1, 2017 (a ten year term).
2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council.
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February 6, 2007
Page 4
3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. The Interim
Use Permit may be revoked for failure to comply with any condition of the permit following notice of
the noncompliance and a hearing by the City Council with all interested parties being given an
opportunity to be heard.
4. The site shall be improved and operated in accordance with the Planned Site Layout dated January 9,
2007.
5. Hours of operation shall be limited to:
?
Monday ? Friday 7:00 a.m. ? 9:00 p.m.
?
Saturday 7:00 a.m. ? 8:00 p.m.
?
Sunday 8:00 a.m. ? 7:00 p.m.
6. The applicant shall confirm that the irrigation system required with the 2004 IUP approval has been
installed and if not, irrigation should be installed with these new proposed site improvements.
7. The applicant shall submit a detailed grading and paving plan for review by City Engineering staff,
and if necessary, obtain a grading permit if prior to commending any site improvements.
8. Existing signage appears to be non-conforming as to size and setbacks. One sign shall be removed
and a sign permit shall obtained for the other sign with adjustments made to conform to City Code
requirements.
9. Updated storm water quality information shall be submitted for review and approval by the City
Water Resources Coordinator prior to commending any new site improvements.
10. Landscape center products are limited to those items shown on the approved Site Plan as follows:
Bulk Landscape Products ? Boulders, bulk stone, timbers and miscellaneous supplies
Bulk Bin Storage ? Composts, soils, wood mulches, landscape gravels
Palletized Landscape Supplies ? Bagged mulches and gravel, paving brick, retaining wall block and
natural stone
11. All operations on the site shall be maintained in a neat and orderly fashion and shall not emit any
noxious odors that impact neighboring properties.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
RESOLUTION IN SUPPORT OF A 2007 STATE COMPREHENSIVE
TRANSPORTATION FUNDING PACKAGE
City Administrator Hedges discussed a resolution that the League of Minnesota Cities is encouraging communities
to pass and send to the City?s legislative delegation and Governor, to make them aware of the City?s transportation
needs, thus the need to pass a comprehensive transportation funding package in 2007. Public Works Director
Colbert discussed the TINA study.
Discussion was held and modifications to the proposed resolution were agreed upon.
07-06
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a resolution as amended in
support of a 2007 State comprehensive transportation funding package. Aye: 5 Nay: 0
The regular Council meeting was recessed at 7:45 p.m. to immediately convene a meeting of the Economic
Development Authority.
The regular City Council meeting was reconvened at 7:50 p.m.
ADMINISTRATIVE AGENDA
There were no Administrative Agenda items.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Eagan City Council Meeting Minutes
February 6, 2007
Page 5
The regular meeting recessed and an Executive Session convened to discuss the MAC Lawsuit Update, Diffley
Ventures, Mellon Property, Cedar Grove Acqusition of the Kelly Plourde Property at 3935 Sibley Memorial
Highway in the Cedar Grove Redevelopment District.
Councilmember Carlson moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:00 p.m.
_______________________________ ___________________________________
Date Administrative Secretary / Deputy City Clerk
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
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facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.