07/01/2008 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
July 1, 2008
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor
Bakken, Councilmembers Fields and Tilley. Mayor Maguire was absent. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, July 1, 2008 at 6:30 p.m. at the Eagan
Municipal Center. Present were Acting Mayor Bakken, Councilmembers Fields and Tilley. Mayor Maguire was
absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein,
City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative
Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented.
Aye: 3 Nay: 0
RECOGNITIONS AND PRESENTATIONS
The July 4"' Funfest Committee was recognized for their efforts on the July 4"' celebration. Ken Koch highlighted
the upcoming Funfest events.
CONSENT AGENDA
Acting Mayor Bakken noted that in the June 17 minutes, Councilmember Carlson moved, Councilmember Fields
seconded the motion to adjourn the meeting.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as
amended. Aye:3 Nay: 0
A. It was recommended to approve the minutes of the June 17, 2008 regular City Council meeting as
amended.
B. Personnel Items
1. It was recommended to approve the hiring of Nick Larson as a part-time seasonal recreation assistant-
adapted.
2. It was recommended to approve the hiring of Trinda Phelon, Alisah Natzel, Naomi Muckler, Carissa
Fisher, Benjamin Cohen and Lily Peters as part-time seasonal lifeguards at Cascade Bay.
3. It was recommended to approve the hiring of Angela Hurley and Hannah martin as part-time seasonal
pool attendants at Cascade Bay.
4. It was recommended to approve the hiring of Mats Norblom, Meredyth Frederickson, Diana Hansen,
Nicholas Hamilton and Tara Novotny as part-time seasonal guest services at Cascade Bay.
5. It was recommended to approve the hiring of Helen Wing, Sue VonDeLinde, Michael Stiff and
Kristin Benda as part-time fitness attendants at the Community Center.
6. It was recommended to approve the hiring of Efren Maldonado as a part-time fitness
attendant/personal trainer at the Community Center.
7. It was recommended to approve the hiring of Kate Anderson as part-time seasonal building attendant
II at the Civic Arena.
8. The hiring of Steven Nelson as a full-time overnight custodian at the Eagan Community Cetner was
acknowledged.
9. The hiring of Todd Johnson as a full-time overnight custodian at the Campus Facilities was
acknowledged.
10. Approved the summary restatement of Post Retirement Health Insurance Benefits and implementation
of same for City of Eagan employees.
C. It was recommended to ratify the check registers dated June 19, 2008 and June 26, 2008 as presented.
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July 1, 2008
Page 2
D. It was recommended to schedule a Special City Council Workshop on Tuesday, August 26, 2008 at 5:30
p.m.
E. It was recommended to approve a Joint Powers Agreement for development of Government Optical Fiber
Network between the City of Eagan, Dakota County, Dakota County Community Development Agency,
and the State of Minnesota Office of Enterprise Technology.
F. It was recommended to approve a one-year extension of the Preliminary Subdivision, Variance and
Conditional Use Permit approvals (Nature's Point) - Epic Developmetn X, LLC.
G. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Sammy
Sweet Cheeks, consisting of two single-family lots on approximately 1.0 acre located at 2888 Sibley Hills
Drive in the SW 1/4 of Section 04.
H. It was recommended to receive the bids for Contract 08-02 (Lone Oak Road - Lift Station Upgrade) and
award the contract to Minger Construction, Inc., for the base bid in the amount of $692,365.55, and
authorize the Mayor and City Clerk to execute all related documents.
1. It was recommended to approve Change Order Numbers 7-10 for Contract 06-01, TH 149 Reconstruction.
J. It was recommended to approve the plans and specifications for Contract 08-01 (Holland Lake - Lift
Station Upgrade) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday,
July 22, 2008, at the Eagan City Hall, located at 3830 Pilot Knob Road, Eagan MN 55122.
K. It was recommended to approve the first amendment to the T-Mobile lease agreements for
telecommunications equipment on City reservoirs and authorize the Mayor and City Clerk to execute all
related documents.
L. It was recommended to authorize a Facility Evaluation Study of the South Water Treatment Plant Facility.
M. It was recommended to authorize a Radio System Evaluation Study by SEH, Inc.
N. It was recommended to approve a contract that would allow FCS to investigate minor check crimes and/or
collect restitution from persons who write bad checks to City merchants.
0. It was recommended to approve a 90-day extension of time to record he final plat for Blue Gentian
Corporate Center, located north and south of Blue Gentian Circle, in the NW 1/4 of Section 2.
P. It was recommended to approve a one year extension of the Preliminary Subdivision approval for Sumac
Ridge, consisting of 6 single-family lots on approximately 3.0 acres located at4395 Dodd Road in the NW
1/4 of Section 25.
Q. It was recommended to approve renewals of Massage Therapy Establishment Licenses for Coles Salon,
New Star Massage and Rejuv Skin & Laser Clinic.
R. It was recommended to approve an Amusement Device License for Mendota Valley Amusement.
PUBLIC HEARINGS
VARIANCES - CITY OF EAGAN
City Administrator Hedges introduced this item regarding parking setback variances for three properties along
3660 Dodd Road, 3680 Dodd Road and 1364 High Site Drive. City Planner Ridley gave a staff report.
Acting Mayor Bakken opened the public hearing. There being no public comment, he closed the public hearing
and turned discussion back to Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve parking setback variances for:
3660 Dodd Road 10 foot parking setback variance
3680 Dodd Road 4 to 10 foot parking setback variance
1364 High Site Drive 1 to 20 foot parking setback variance.
Aye: 3 Nay: 0
Mike Chappuis, 1025 Cliff Road, asked that item J of the consent agenda be reconsidered. He stated that a
change in the plans for the lift station will have a direct and unfavorable impact on the three families that live in
the area.
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July 1, 2008
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Councilmember Fields moved, Councilmember Tilley seconded a motion to pull item J of the Consent agenda for
reconsideration. Aye: 3 Nay: 0
Works Director Colbert provided information regarding plans for the Holland Lake Lift Station. It was noted that
the action taken only approves an ad for bids and not the final plans for the project.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Plans and Specifications and
Authorize Ad for Bids, Contract 08-01 (Holland Lake Lift Station). Aye: 3 Nay: 0
VARIANCE - CHERLAND
City Administrator Hedges introduced this item regarding a Variance of 20 feet to the required 30 foot front yard
setback to construct a shed at 4615 Beacon Hill Court. City Planner Ridley gave a staff report.
Acting Mayor Bakken opened the public hearing.
Shawn Cherland, applicant, discussed the requested variance and plans for a shed.
Ruthann Johnson, neighboring property owner, asked how high the shed would be and for what purpose it would
be used. She also wanted to know if additional cars would be parked on the property and street.
Staff addressed the height of the proposed shed, noting it is consistent with code standards. The applicant
discussed the purpose of the proposed shed, noting it is to store items that are currently stored in their garage.
Public Works Director Colbert stated that depending on the results of a pending survey, the applicant may have to
request an easement vacation.
There being no further public comment, Acting Mayor Bakken closed the public hearing and turned discussion
back to Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 20 feet to the
required 30-foot front yard setback to construct a shed at 4615 Beacon Hill Court, legally described as Lot 8, Block
1, Beacon Hills in the NW 1/4 of Section 33, subject to the following conditions: Aye: 3 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 roof of the shed shall match the pitch and style of the principal structure.
3. The applicant shall provide a current survey of this side of the property to verify the location of the
property line, drainage and utility easement, and placement of the shed.
OLD BUSINESS
HAWTHORNE RIDGE - EXCEL DEVELOPMENT, LLC
City Administrator Hedges introduced this item regarding a modification to covenant restrictions to allow a full-
service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. City
Planner Ridley gave a staff report.
Donna Williams, representing Excel Development discussed the request for a full service restaurant. It was the
consensus of Council to make no changes to the covenant restrictions at this time.
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July 1, 2008
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Councilmember Fields moved, Councilmember Tilley seconded a motion to deny a modification to covenant
restrictions to allow a full-service restaurant for Excel Development's Hawthorne Ridge retail center located at 525
Diffley Road. Aye: 3 Nay: 0
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT - VERIZON WIRELESS
City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit a retail
commercial use in an office building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1,
Town Centre 100 Tenth Addition. City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to permit a retail commercial use in an office building located at 1250 Yankee Doodle Road, legally
described as Lot 1, Block 1, Town Centre 100 Tenth Addition, in the N '/2 of Section 15, subject to the following
conditions: Aye: 3 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota
County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are
required for the PD Amendment Agreement:
• Site Plan dated June 24, 2008
• Building Elevations
2. Existing landscaping that is removed must be either relocated or replaced elsewhere on the site.
3. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of
the City Code.
4. The development shall achieve no net increase in impervious coverage, which may be accomplished by
converting some other existing paved areas to green space, utilizing pervious pavement for the new paved
areas, and possibly reducing the amount of new sidewalk area.
PLANNED DEVELOPMENT AMENDMENT - OPPIDAN (EAGAN PROMENADE)
City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit a
multiple tenant retail commercial use located at 1270 Promenade Place. City Planner Ridley gave a staff report.
Jay Morgan, Oppidan Development Company, discussed the possibility of a multiple tenant use of the existing
building.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development
Amendment to permit a multiple tenant retail commercial use located at 1270 Promenade Place, legally described
as Lot 6, Block 2, Eagan Promenade, in the SE 1/4 of Section 10 subject to the following conditions: Aye: 3 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota
County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are
required for the PD Amendment Agreement:
• Site Plan
• Building Elevations
2. No more than five tenants shall be allowed, and tenant spaces shall be no less than 2,900 square feet.
3. Existing landscaping that has died shall be replaced.
4. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of
the City Code.
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July 1, 2008
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5. Signage shall be limited to one building sign on each of the west and south elevations for each tenant.
6. Additional pedestrian connections shall be made between the trail on Yankee Doodle Road and the
property, and between this property and the adjacent Panera lot.
PLANNED DEVELOPMENT AMENDMENT - MFC PROPERTIES
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a drive-
through operation and parking lot reconfiguration at 1250 Town Centre Drive. City Planner Ridley gave a staff
report.
Bruce Miller, MFC Properties, discussed the proposed drive through area.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development
Amendment to allow a drive through operation and parking lot reconfiguration at 1250 Town Centre Drive, legally
described as part of Lot 4, Block 1, Town Centre 100 6"' Addition, subject to the following conditions:
Aye: 3 Nay: 0
1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within
60 days of City Council approval.
2. Interior parking and circulation modifications shall be in accordance with the Site Plan dated 6-13-08.
3. The applicant shall submit a Landscape Plan that adds over-story trees to the parking lot islands for staff
review and approval with the Building Permit application.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
Discussion was held regarding representation on the Grant Evaluation and Ranking System (GEARS) Committee.
Acting Mayor Bakken moved, Councilmember Fields seconded a motion to endorse Mayor Maguire for the
GEARS Committee. Aye: 3 Nay: 0
ADMINISTRATIVE AGENDA
City Administrator Hedges noted that a Closed Session regarding Cedar Grove would be necessary.
1. Open Space Committee Recommendation.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the hiring of HKG
Consulting to assist the City in a public input process associated with the November 4, 2008 referendum
on the acquisition of the Carriage Hills property deferring decision on cost to the next meeting. Aye: 3
Nay: 0
Discussion was held regarding the interview process for the vacant Council seat.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:55 p.m.
Administrative Secretary / Deputy City Clerk Date
Eagan City Council Meeting Minutes
July 1, 2008
Page 6
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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.