07/21/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
July 21, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Margo Danner, along with other members
of the Eagan Lioness Club were present to discuss plans for a project they would like to possibly do at the
new fire station site.
A regular meeting of the Eagan City Council was held on Tuesday, July 21, 2009 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and
Hansen. 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.
RECOGNITIONS
Mayor Maguire acknowledged deaths of four Minnesota servicemen, among them, Captain Thomas J.
Gramith who died in Afghanistan while serving with the United States Air Force. A moment of silence was
observed.
AGENDA
Tom noted there will be a closed session regarding pending litigation.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the July 7, 2009 regular City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to approve the reduction in hours for the non union Clerical Tech III in
Administrative Services to 20 hours per week.
2. It was recommended to approve the hiring of Allison Arthur as a part-time seasonal concessions
worker.
C. It was recommended to ratify check registers dated July 2, 2009, July 9, 2009 and July 16, 2009 as
presented.
D. It was recommended to approve tree maintenance contractor licenses for Jim Blanske, JB Tree, and
Steven Hovland, About Tree Care.
E. It was recommended to adopt a resolution approving an Exempt Permit for Faithful Shepherd
09-16
Catholic School to conduct a raffle on January 30, 2010 at 3355 Columbia Drive.
F. It was recommended to award equipment contract to One Source Fitness for replacement of six (6)
tread mills in the amount of $41,831.81, budgeted for replacement in 2009.
G. It was recommended to authorize the submission of an application to renew the trademark for C
Breeze and the Cascade Bay logo.
H. It was recommended to receive the bids for Contract 08-13 (Sibley Terminal / Highway 13 – Storm
Drainage), and continue consideration of contract award to August 18, 2009; and to receive the Final
Assessment Roll for Project 858 (Sibley Terminal / Highway 13 Storm Drainage Improvements) and
schedule a Final Assessment Hearing to be held on August 18, 2009.
City Council Minutes
July 21, 2009
Page 2
I. It was recommended to approve the final payment for Contract 07-07 (Dodd Parkside / Marsh Cove –
sanitary Sewer Lift Station and Utility Improvements) in the amount of $9,671.29 to Geislinger &
Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty
provisions.
J. It was recommended to approve the final payment for Contract 08-02 (Lone Oak Road – Lift Station
Upgrade Improvements) in the amount of $13,154.97 to Minger Construction, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions, contingent upon receipt
of required final documentation from the contractor.
K. It was recommended to approve Change Order No. 1 to Contract 09-12 (Diffley & Rahn Road –
Intersection / Roundabout Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
PUBLIC HEARINGS
WAIVER OF SUBDIVISION – JOHN KENNY AND SANDRA MARSYLA
City Administrator Hedges introduced this item regarding a waiver of certain subdivision requirements to
allow a final plat to shift the lot line between Lots 4 and 5, Block 3, Valley View Plateau (1469 and 1467
Highview Avenue. City Planner Ridley 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 Hansen seconded a motion to approve a Waiver of
certain Subdivision requirements to allow a Final Plat to shift the lot line between Lots 4 and 5, Block 3,
Valley View Plateau, located at 1469 and 1467 Highview Avenue. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Plat (Valley
View Plateau Plat 3) to shift the lot line between Lots 4 and 5, Block 3, Valley View Plateau, located at
1469 and 1467 Highview Avenue. Aye: 5 Nay: 0
OLD BUSINESS
There were no old business items.
NEW BUSINESS
COMPREHENSIVE GUIDEPLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT –
COVENTRY SENIOR LIVING
City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment
that would change the land use designation from SA/MD (Special Area / Medium Density), to SA/HD
(Special Area / High Density), to allow for a 64 unit Senior Living Facility. City Planner Ridley gave a staff
report.
Greg Johnson, representing Coventry Homes discussed the proposed senior living facility.
Alan Black, EDI, discussed the need for assisted living facilities and the “small house” concept.
Councilmembers held a discussion which included; potential future uses of the building, possibility of
increased traffic in the area, crime, number of parking stalls, the size of the proposed facility in relation to
the existing neighborhood.
City Council Minutes
July 21, 2009
Page 3
Kenny Young, a resident of Terra Glen Court stated he felt the project is too intense for the area and
expressed concern over the safety of children due to increased traffic and ambulances. He also
expressed concern over property values and asked if there could be another access into the property.
Staff noted that access to the site from Yankee Doodle Road is prohibited.
Councilmember Tilley stated she was in favor of the proposal, noting that the proposed type of facility is
needed.
Mayor Maguire, Councilmembers Bakken, Fields and Hansen all agreed that a senior facility would be a
good use and that they were not concerned about traffic; however, they expressed concern over the
density and scale of the proposal and concern should the use as a senior facility change in the future.
Mr. Johnson asked the Council for direction and a continuance to allow time to work with staff and
neighbors on a revised plan.
Mayor Maguire and Councilmembers shared that the proposal appeared to have a lot of units, the two-
story design was preferred and the desire to have a single final plan to review when the item returns.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to continue until August 18,
2009 consideration of a Comprehensive Land Use Plan Amendment that would change the land use
designation from SA/MD (Special Area / Medium Density, to SA/HD (Special Area / High Density), to
allow for a 64 unit Senior Living Facility at property legally described as Lots 1 and 2, Block 1, Terra
rd
Glenn 3 Addition, in the NW ¼ of Section 16. Aye: 5 Nay: 0
ORDINANCE AMENDMENT – JOINT AIRPORT ZONING BOARD (JAZB) ORDINANCE
City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code,
Chapter 11, creating an Airport Zoning Overlay District. Community Development Director Hohenstein
gave a staff report.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to City Code, Chapter 11, creating an Airport Zoning Overlay District and adopting by
reference the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance,
adopted and amended by the Joint Airport Zoning Board. Aye: 5 Nay: 0
ORDINANCE AMENDMENT – CHAPTER 5, REGARDING PREMISES LICENSED
City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 5 relating
to premises licensed for liquor sales.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance
amendment to Chapter 5, specifically as it relates to premises licensed for liquor sales. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting was recessed at 8:25 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular meeting was reconvened at 8:30 p.m.
City Council Minutes
July 21, 2009
Page 4
ADMINISTRATIVE AGENDA
Public Works Director Colbert discussed the need for the implementation of a sump pump and service
lateral inspection program.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to authorize the retention of
SEH, Inc. for services related to a Sump Pump and Service Lateral Inspection Program and direct further
discussion of possible implementation to a Council workshop (August 11, 2009). Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:45
p.m.
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk