08/18/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 18, 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. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, August 18, 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 Engineer Russ Matthys,
City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper.
RECOGNITIONS
There were no recognitions or presentations.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda
as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the August 18, 2009 regular City Council meeting and
the July 28, 2009 Special City Council Retreat as presented.
B. Personnel Items.
1. It was recommended to adopt a Resolution Proposing the Elimination of one FTE Office Support
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Specialist in the Police Clerical Unit.
C. It was recommended to ratify check registers dated July 31 and August 6, 2009 as presented.
D. It was recommended to approve a temporary on-sale liquor license and waive the license fee for
Faithful Shepherd Catholic School.
E. It was recommended to declare the following parcel as non-conservation land: 10-84900-010-00
(Woodstone Townhomes Addition Outlot A).
F. It was recommended to adopt proposed changes to the City’s Emergency Plan.
G. It was recommended to accept a donation of $20 for the 2009 Halloween Hodgepodge event.
H. It was recommended to approve the Community Development Block Grant (CDBG) Subrecipient
Agreement for the City’s 2009-2010 CDBG Program with the Dakota County Community
Development Agency (CDA).
I. It was recommended to receive bids and approve a resolution awarding the sale of $525,000 General
Obligation Equipment Certificates of Indebtedness to Anchor Bank Wayzata at a rate of 3.3726%
J. It was recommended to approve Plans and Specifications and Authorize Advertisement of Bids for
Contract 09-07 (Phase II Implementation of 2007 Stormwater Management Plan – City-Wide Storm
Sewer Improvements).
K. It was recommended to approve the final payment for Contract 07-04 (Boulder Lakes Business Park
– Street and Utility Improvements) in the amount of $69,723.94 to S.J. Louis Construction, Inc.,
including certain improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve the posting of No Parking signs on the temporary cul-de-sac bubble
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on the south end of Ames Crossing Road, until future extension of Ames Crossing Road.
City Council Minutes
August 18, 2009
Page 2
M. It was recommended to approve Change Order No. 2 to Contract 09-12 (Diffley and Rahn Road –
Intersection/Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
N. It was recommended to receive the request to vacate public trail easement on Lots 20 and 21, Block
1, Chatterton Ponds and schedule a public hearing to be held on September 15, 2009.
PUBLIC HEARINGS
VARIANCE – JAMES BARTON DESIGN BUILDING, INC.
City Administrator Hedges introduced this item regarding a request for a variance to allow for construction
of a garage addition with living space above within the 10-foot side yard setback requirements on
property located at 540 Esk Lane. City Planner Ridley gave a staff report.
James Barton discussed the proposed additional living space above the third stall garage.
Mayor Maguire opened the public hearing.
Jeff Wiggen, adjoining property owner, expressed concern over the space between the houses once the
garage is constructed. He stated he would prefer something more ascetically pleasing as a view from his
house.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
Councilmember Bakken noted that the garage addition could be constructed without a variance. The
living space above the garage requires the variance.
Councilmembers held a discussion regarding the design of the addition and Mr. Barton explained some of
the relief features that are intended to lessen the visual impact to the neighbor.
Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and
approve a Variance to allow for construction of a garage addition with living space above, within the 10-
foot side yard setback requirements on property located at 540 Esk Lane and legally described as Lot 2,
Block 3, Coventry Pass 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 addition shall not exceed the size shown on the proposed site plan received July 30, 2009.
3. The addition shall comply with all other applicable Zoning Ordinance provisions.
4. A building permit must be obtained prior to construction.
5. The addition shall not have a door on the west side.
PROJECT 858, CONTRACT 08-13, SIBLEY TERMINAL / HWY 13- STORM SEWER IMPROVEMENTS
FINAL ASSESSMENT ROLL
City Administrator Hedges introduced this item regarding the final assessment roll for Project 858, Sibley
Terminal / Highway13 storm sewer improvements. Assistant City Engineer Gorder provided an overview
of the project. Public Works Director Colbert discussed the proposed assessment.
Mayor Maguire opened the public hearing.
City Council Minutes
August 18, 2009
Page 3
Todd Johnson, representing Global Equity Partners, owner of the property located at the southwest
corner of the intersection of Terminal Drive and Highway 13, expressed opposition to the proposed
assessment.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
Councilmembers held a discussion regarding the project and the proposed assessment to Global Equity
Partners.
Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and
approve the final assessment roll for Project 858, Sibley Terminal / Highway 13 Storm Drainage
Improvements, and authorize its certification to Dakota County for collection.
Discussion was held with Mr. Johnson regarding negotiation of the proposed assessment.
Councilmember Fields withdrew the previous motion.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the public hearing to
September 1, 2009 and direct staff to revise the final assessment roll and get executed waiver of
objection for Project 858, Sibley Terminal / Highway 13 Storm Drainage Improvements. Aye: 5 Nay: 0
OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT –
COVENTRY SENIOR LIVING
City Administrator Hedges introduced this item regarding the submittal to the Metropolitan Council 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 56 unit Senior
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Living Facility in Terra Glenn 3 Addition. City Planner Ridley noted this item had been before the
Council previously and the applicant had requested direction and a continuance to allow time to modify
the proposed site plan and hold a neighborhood meeting. Mr. Ridley then reviewed the modifications to
the proposal.
Greg Johnson representing Coventry Senior Living discussed the revised plan for the senior living facility.
Two area residents spoke in opposition to the proposed senior living facility. Staff responded to their
concerns.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to submit to the
Metropolitan Council 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
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for a 56 unit Senior Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3
Addition in the NW ¼ of Section 16. Aye: 5 Nay: 0
The Mayor and City Council also directed staff to bring the Guide Plan Amendment and Planned
Development Amendment back to the Council as an Old Business item and to provide mailed notice of
that meeting to all properties on Birchpond Road.
NEW BUSINESS
There were no New Business items.
City Council Minutes
August 18, 2009
Page 4
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting was recessed at 9:10 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular meeting was reconvened at 9:15 p.m.
ADMINISTRATIVE AGENDA
There were no items requiring action.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:15
p.m.
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk