08/03/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 3, 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. Richard Schwein representing Jerry’s
Garden Center discussed the garden vendors that are allowed to set up temporary sales operations in
local business parking lots. He stated that his business has suffered due to these vendors and felt it was
unfair for the City to allow them to operate because they do not pay city taxes. Mayor Maguire explained
that the City Code allows such operations within the City and that the actual property owners pay taxes.
A regular meeting of the Eagan City Council was held on Tuesday, August 4, 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, City Engineer Russ Matthys, City Attorney Mike Dougherty and
Administrative Secretary / Deputy Clerk Mira Pepper.
RECOGNITIONS
There were no recognitions or presentations.
AGENDA
City Administrator Hedges noted an item regarding a special Council meeting has been added to the
Consent Agenda.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda
as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the July 21, 2009 regular City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Gary Royal as an overnight custodian at the
Community Center.
2. It was recommended to approve the rehiring of Jeff Munsterteiger and Tom Miklya as Property
Maintenance / Code Enforcement Technicians.
3. It was recommended to approve the Voluntary Early Retirement/Separation Program and to
authorize its implementation.
C. It was recommended to ratify check registers dated July 23, 2009 as presented.
D. It was recommended to adopt proclamation recognizing August 4, 2009 as “National Night Out” in
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Eagan.
E. It was recommended to approve a license to sell tobacco products for Richard Sood, at Fastrip
Market, 3391 Coachman Road.
F. It was recommended to approve a license for Joseph Christensen to operate a body art
establishment at 1960 Cliff Lake Road.
G. It was recommended to authorize staff to enter into an agreement with the Harris Companies to
conduct an energy audit of the Civic Arena as it pertains to geothermal heating, and to prepare a
Federal Recovery Act Geothermal Technologies Program – Ground Source Heat Pumps application
on behalf of the City.
City Council Minutes
August 3, 2009
Page 2
H. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic
School and waive the $150.00 license fee.
I. It was recommended to approve a sound amplification permit, and waive the fee, for Faithful
Shepherd for an outdoor event with electronic sound system/audio equipment use after 10:00 p.m. to
be held on September 19, 2009 at 3355 Columbia Drive.
J. It was recommended to approve a resolution to temporarily extend the licensed premises of
09-18
Cedarvale Bowl, Inc., dba Cedarvale Lanes/Fitz’s Bar & Grill located at 3883 Cedar Grove Parkway.
K. It was recommended to approve a sound amplification permit for Cedarvale Bowl for an outdoor event
with electronic sound system/audio equipment use after 10 p.m. to be held at 3883 Cedar Grove
Parkway
L. It was recommended to declare bicycles and unclaimed property to be surplus.
M. It was recommended to adopt a resolution authorizing the issuance of $525,000 in General Obligation
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Equipment Certificates of Indebtedness on August 18.
N. It was recommended to approve an application for transfer of federally forfeited property.
O. It was recommended to approve a Final Plat (Eagan Substation) to create one lot upon 0.63 acres
located east of Lexington Avenue and north of Diffley Road opposite Daniel Drive, subject to approval
of the Environmental Assessment. It was recommended to approve an Environmental Assessment
addressing the improvements to the Eagan Substation Plat and all related improvements to the
electrical transmission system.
P. It was recommended to authorize preparation of Plans and Specifications for Contract 09-07 (Phase
II Implementation of 2007 Stormwater Management Plan – City-Wide Storm Sewer Improvements).
Q. It was recommended to receive the draft feasibility report for Project 1005 Daniel Drive – Sidewalk
Improvements) and schedule a public hearing to be held on September 1, 2009.
R. It was recommended to approve the final payment for Contract 09-17 (2009 Citywide Street Sealcoat
Improvements) in the amount of $232,634.44 to Pearson Brothers, Inc., and accept the improvements
for perpetual City maintenance subject to warranty provisions.
S. It was recommended to approve Plans and Specifications and Authorize Advertisement of Bids for
Contract 09-06 (Wandering Walk Park).
T. It was recommended to receive the draft feasibility report for Project 1016 (Ames Crossing Road –
Street and Utility Improvements) and schedule a public hearing to be held on September 1, 2009.
U. It was recommended to adopt a resolution officially delegating decision authority to the Water
09-20
Resources Coordinator for exemption, no loss, wetland boundary and type, and sequencing
determinations in accordance with Wetland Conservation Act Rules.
V. It was recommended to approve a license to sell tobacco products for Richa and Anuj Kohli, Go For It
Gas, 4206 Nicols Road.
W. It was recommended to schedule a special Council workshop for September 22, 2009.
PUBLIC HEARINGS
There were no public hearings.
OLD BUSINESS
There were no old business items.
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT – MARINKOVIC HOLDINGS, LLC
City Administrator Hedges introduced this item regarding a planned development amendment to change
the retail use to office in the two-story building located at 1250 Yankee Doodle Road. City Planner Ridley
gave a staff report.
The applicant was present to answer questions.
City Council Minutes
August 3, 2009
Page 3
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to change the retail use to office in the two-story building located at 1250
Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition, subject to the
following conditions: Aye: 5 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. A sign permit is required prior to installation of any signs, and all signs are subject to the
requirements of the City Code.
PLANNED DEVELOPMENT AMENDMENT – BOULDER LAKES
City Administrator Hedges introduced this item regarding a planned development amendment to allow a
parking lot of 250 stalls as the principal use on property located at 505 Shanahan Way. City Planner
Ridley gave a staff report.
MattMiller, Interstate Partners, questioned condition number 9 regarding trail dedication. City Planner
Ridley responded.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to extend the term of the agreement for 10 years, to 2019 on property located
at 505 Shanahan Way. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow a parking lot of 250 stalls as the principal use on property located at
505 Shanahan Way, subject to the following conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder’s office.
2. This Amendment is intended to supplement and amend the existing Planned Development
Agreement. All other conditions and provisions of the existing Planned Development Agreement
shall remain in full force and effect.
3. Parking setbacks shall be provided in accordance with the City’s zoning code.
4. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth.
5. The parking pad shall be constructed as shown on the Site Plan received June 16, 2009.
6. A detailed Landscape Plan shall be submitted prior to the receipt of a Grading Permit, overlaid on
the grading plan and including a landscape schedule, planting specifications and notes, automatic
irrigation and signature of a certified landscape architect.
7. A site lighting plan shall be submitted prior to the receipt of a Grading Permit. Lighting fixtures
shall be consistent throughout the development. Minimum light levels of 0.5 footcandles shall be
provided in all parking lot areas, and light levels shall not exceed one footcandle at the property
line. Average to minimum ratios within the parking lot shall not be greater than 4:1.
8. The applicant shall receive a Grading Permit prior to the commencement of any parking lot
grading activates.
9. The future park and trail dedications for the development(s) shall be satisfied through a cash
dedication, the method and timing of the calculation to be determined through consultation with
staff. (payable at the time of building permit at the rates then in effect).
10. The applicant shall provide a parking easement/declaration between Lots 1 and 2, Block 1,
Boulder Lakes for review and approval by the City Attorney.
City Council Minutes
August 3, 2009
Page 4
11. No building permit for Lot 2, Block 1 (Building 4) shall be issued until the parking rights granted to
Lot 1, Block 1 (building 3) are extinguished or the developer submits a plan to the satisfaction of
the City that it has provided adequate parking for Lot 1.
2010 CIVIC ARENA BUDGET, 2009-10 SEASON RATES, AND
PURCHASE OF 2010 CAPITAL OUTLAY ITEMS
City Administrator Hedges discussed the 2010 Civic Arena Budget, the 2009 - 2010 season rates and
the purchase of 2010 capital outlay items.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the 2010 Civic
Arena budget, including 2009-10 season rates
Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize purchase of 2010
capital outlay items in 2009. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting was recessed at 7:10 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular meeting was reconvened at 7:20 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 Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:25
p.m.
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk