09/01/2009 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
September 1, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Tilley, Bakken and Hansen. Councilmember Fields was absent. There were no
visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, September 1, 2009 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen.
Councilmember Fields was absent. Also present were City Administrator Tom Hedges, Community
Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert,
Traffic Engineer Tim Plath, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk
Mira Pepper.
RECOGNITIONS
Mayor Maguire provided information on the Emergency Management Institute recently attended by 11
staff members, Councilmember Bakken and Mayor Maguire.
AGENDA
City Administrator Hedges noted that a Closed Session would be held in regard to Highway 149 and
pending litigation in Cedar Grove.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye: 4 Nay: 0
CONSENT AGENDA
City Administrator Hedges noted that Councilmember Fields, who is out of town, called to comment on
item D in regard to three federal appropriation requests for funding.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as amended. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the August 18, 2009 regular City Council meeting as
presented.
B. Personnel Items. There were no personnel items.
C. It was recommended to ratify check register dated August 20, 2009 as presented.
D. It was recommended to authorize contract with J & P Associates for consulting services for the
purpose of making application for federal appropriations for the proposed Safety Campus.
E. It was recommended to direct staff to prepare an Ordinance Amendment for Chapter 6.39 regarding
massage therapist licenses.
F. It was recommended to award Contract 09-06 (Wandering Walk Park – Wetland Banking
Improvements) to G.F. Jedlicki, Inc., for the base bid amount of $50,480 and authorize the Mayor and
City Clerk to execute all related documents.
G. It was recommended to award Contract 09-06 (Wandering Walk Park – Wetland Banking
Improvements) to G.F. Jedlicki, Inc. for the base bid amount of $50,480 and authorize the Mayor and
City Clerk to execute all related documents.
H. It was recommended to approve the final payment for Contract 07-06 (Lebanon Hills Regional Park /
Long Acres – Storm Sewer Improvements) in the amount of $23,102.34 to Minger Construction, Inc.,
and accept improvements for perpetual City maintenance subject to warranty provisions.
I. It was recommended to declare the developer in default of the development contract, authorize fund
deposit from development’s letter of credit provider, and approve a contract with Bituminous
City Council Minutes
September 1, 2009
Page 2
Roadways, Inc. in the amount of $20,160 to complete the remaining public improvements within
Marsh Cove (City Project No. 07-0).
J. It was recommended to receive the Final Assessment Roll for Project 973 (Windtree Addition – Street
Improvements) and schedule a public hearing to be held on October 6, 2009.
K. It was recommended to receive the Final Assessment Roll for Project 980 (Hampton Heights / Stoney
Pointe / Blackhawk Glen Addition – Street Improvements) and schedule a public hearing to be held
on October 6, 2009.
L. It was recommended to receive the Final Assessment Roll for Project 982 (St. Francis Woods
Addition – Street Improvements) and schedule a public hearing to be held on October 6, 2009.
M. It was recommended to receive the Final Assessment Roll for Project 1000 (Grace Drive – Street
Improvements) and schedule a public hearing to be held on October 6, 2009.
N. It was recommended to receive the Final Assessment Roll for Project 1002 (Pinecrest of Eagan –
Street Improvements) and schedule a public hearing to be held on October 6, 2009.
O. It was recommended to receive the Final Assessment Roll for Project 1003 (Blue Gentian Road –
Street Improvements) and schedule a public hearing to be held on October 6, 2009.
P. It was recommended to approve a Joint Powers Agreement with Dakota County for the reconstruction
and overlay of county trails under City Contract 09-08 (2009 City-Wide Trail Improvements).
Q. It was recommended to waive the monetary limits on municipal tort liability.
R. It was recommended to approve Tree Maintenance Contractor Licenses for Morgan’s Tree Service
and Oleson’s Tree Service.
PUBLIC HEARINGS
PROJECT 858, CONTRACT 08-13, SIBLEY TERMINAL/HIGHWAY 13
STORM SEWER IMPROVEMENTS
FINAL ASSESSMENT ROLL
City Administrator Hedges introduced this item regarding the final assessment roll and contract for Sibley
Terminal / Highway 13 storm sewer improvements. Public Works Director Colbert noted that the public
hearing for the final assessment for Project 858 was opened at the August 18, 2009 City Council meeting.
After testimony from the affected property owner, Todd Johnson, Global Equity Partners, Council
continued the hearing to September 1 to allow Global Equity Partners an opportunity to execute a waiver
of objection to special assessments in the reduced amount of $107,010.
Mayor Maguire re-opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and
approve the Revised Final Assessment Roll for Project 858 (Sibley Terminal / Highway 13 – Storm
Drainage Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to award Contract 08-13
(Sibley Terminal/ Highway 13 – Storm Drainage) to G.F. Jedlicki, Inc., for the base bid ($82,315) and
authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an agreement with
the Minnesota Department of Transportation (MNDOT) for the maintenance of the storm sewer
improvements to be constructed under Project 858 / Contract 08-13 within Highway 13 right-of-way, and
authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0
City Council Minutes
September 1, 2009
Page 3
PROJECT 1016, AMES CROSSING ROAD
STREET & UTILITY IMPROVEMENTS
City Administrator Hedges introduced this item regarding street and utility improvements for Ames
Crossing Road. Public Works Director Colbert introduced Kevin Kawlewski, WSB, who presented an
overview of the feasibility report.
Mayor Maguire asked Director Colbert to discuss the northeast Eagan traffic study, potential bids and the
acquisition of rights-of-way.
City Attorney Dougherty discussed the assessment process. Director Colbert noted that objections have
been received from Cole Enterprises and Ecolab.
Mayor Maguire opened the public hearing.
Dave Grannis, representing Cole Enterprises and Ruth and Dick Cole, expressed opposition to the
project and proposed assessments. He noted that the Coles did not receive proper notice of the project
and stated they feel the street connection is premature and unnecessary prior to development of the Cole
property.
An Ecolab representative also expressed opposition to the project and proposed assessments, noting
they feel there is not a public need or purpose for the project at this time.
Greg Miller, Interstate Partners, stated his company filed the petition for the project and feels it is a
valuable project for the area at this time.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
Councilmembers held a discussion which included the green acres designation of a portion of the
property and the method of payment for such a project. It was noted that the objection is to segment two
of the project.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the Public Hearing
and approve Project 1016 (Ames Crossing Road – Street and Utility Improvements) and authorize the
preparation of detailed plans and specifications, and the acquisition of easements through quick-take
eminent domain process, if necessary. Aye: 4 Nay: 0
PROJECT 1005, DANIEL DRIVE SIDEWALK IMPROVEMENTS
City Administrator Hedges introduced this item regarding sidewalk improvements for Daniel Drive. He
noted that a petition had been received from are property owners requesting the narrowing of Daniel
Drive and the installation of a sidewalk. A traffic study was conducted. Traffic Engineer Tim Plath gave a
staff report.
Council members held a discussion regarding the lack of justification in narrowing Daniel Drive, the
possibility of installing a sidewalk in segment two of the project, radar speed signs and awareness
education.
Mayor Maguire opened the public hearing.
Six residents expressed their opposition to the installation of a sidewalk. Interest was shown in regard to
traffic monitoring signs.
City Council Minutes
September 1, 2009
Page 4
Janet Westenberg discussed the narrowing of Daniel Drive, using Denmark Avenue as an example. She
suggested, due to the opposition to the sidewalk, the $20,000 available from the Diffley-Marketplace
developer be used to promote pedestrian and biker safety.
There being no further public comment, Mayor Maguire turned discussion back to the Council.
Discussion was held regarding the funds available from the Diffley-Marketplace developer, speed signs
and educational material.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to use the available $20,000 to
procure speed signs and use any remainder for educational material within the Daniel Drive
neighborhood. Aye: 4 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and
deny Project 1005 (Daniel Drive – Sidewalk Improvements). Aye: 4 Nay: 0
OLD BUSINESS
There were no Old Business items.
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENTS – CUB FOODS
City Administrator Hedges introduced this item regarding planned development amendments to allow
outdoor storage of shopping carts, outside display of seasonal goods and salt, and construction of screen
walls in the service area and at the front of the building for property located at 1020 Diffley Road. City
Planner Ridley gave a staff report.
Mayor Maguire and Council members questioned representatives of Cub Foods Scott Lichtenberg and
Anne Thies about the designated smoking area for employees, the storage of carts, and the screening of
the grease dumpster and propane.
Mr. Lichtenberg agreed to withdraw the request for screening of the smoking area.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment to allow outdoor storage of shopping carts for property located at 1020 Diffley
nd
Road, legally described as Lot 1, Block 1, Diffley Marketplace 2 Addition, subject to the following
conditions. Aye: 3 Nay: 1 (Bakken opposed)
1. An amendment to the Planned Development Agreement shall be executed and recorded
against the property at the Dakota County Recorder’s office.
2. Only outdoor storage of shopping carts shall be allowed per the Site Plan dated July 13,
2009.
3. The enclosure shall be made of materials to match the principal structure.
4. The applicant shall obtain a building permit for the construction of the masonry screen wall.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve outside display of
seasonal goods and salt for property located at 1020 Diffley Road, legally described as Lot 1, Block 1,
nd
Diffley Marketplace 2 Addition, subject to following conditions: Aye: 4 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.
City Council Minutes
September 1, 2009
Page 5
2. The applicant shall provide decorative bollards which will identify the display area.
3. The seasonal sales shall be allowed in the area as depicted on the Site Plan dated July 13,
2009.
4. All signage must meet City Code requirements.
5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere
with pedestrian safety, vehicular movement, emergency access and existing business
activities.
6. The applicant shall continue the current practices of dimming exterior site lighting and turning
off illuminated signs during non-operational hours, provided it does not compromise safety
and security of the site.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve construction of a
screen wall in the service area to screen the grease dumpster and propane cage for property located at
nd
1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2 Addition, subject to the
following conditions. Aye: 4 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. The screen walls shall be located per the Site Plan dated July 13, 2009.
3. The screen wall in the rear service area for the grease dumpster and propane cage shall be
at least 5’ in height.
4. The screen walls shall be constructed of materials to match the principal structure.
5. The applicant shall obtain a building permit, if required, for the construction of the masonry
screen walls.
CONDITIONAL USE PERMIT – VALLEY MOTOR SPORTS
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for the
outdoor storage of up to 86 vehicles for property located at 3380 Highway 149. City Planner Ridley gave
a staff report.
Ted Carlson, Welsh Companies and Mark Sandberg, Valley Motor Sports, were present to answer
questions of the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit for the outdoor storage of up to 86 vehicles for property located at 3380 Highway 149, legally
described as Lot 2, Block 1, Gopher Eagan Industrial Park, subject to the following conditions: Aye: 4
Nay: 0
1. This Conditional Use Permit replaces any prior CUP’s issued for the property and shall be
recorded at Dakota County within 60 days of approval by the City Council, and proof of recording
submitted to the City.
2. The outdoor storage shall be limited to a maximum of 86 vehicles and located in the outdoor
storage area as identified on the Site Plan received July 31, 2009.
3. The storage area shall be maintained in an orderly fashion.
4. The coniferous trees proposed along the south perimeter of the site shall meet current City Code
requirements and be installed by October 31, 2009.
5. The rooftop mechanical equipment shall be screened to meet City Code requirements by October
31, 2009.
6. The safety storage for LP cylinders and flammable container safety cabinet along the north side
of the building should have a minimum spacing of 5 feet from any building openings.
7. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to
periodic review by City staff for adequacy of the material to control dust and drainage. The first
City Council Minutes
September 1, 2009
Page 6
review will occur two years following approval of this permit. If the material is determined to be
inadequate, the City will require that it be replaced with bituminous asphalt.
8. All parking and storage areas shall be property maintained to prevent deterioration.
CONDITIONAL USE PERMIT – THE LINDSAY GROUP
City Administrator Hedges introduced this item regarding a Conditional Use Permit to amend the Town
Centre Pylon Sign Agreement to allow a pylon sign on property located at 1344-1348 Town Centre Drive.
City Planner Ridley gave a staff report.
Jay Lindsay, Lindsay Group, discussed the proposed signage.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit to amend the Town Centre Pylon Sign Agreement to allow a pylon sign on property located at
th
1344-1348 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 17 Addition, subject
to the following conditions: Aye: 4 Nay: 0
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval and proof of its recording be provided to the City.
2. All signage is subject to the Site Plan received July 29, 2009.
3. The Applicant shall provide a Landscape Plan depicting the replacement of the tree to be
removed and the sign base foundation plantings per current City Code requirements.
4. All landscaping shall be installed no later than October 31, 2009.
5. All signage shall meet Sign Code requirements.
6. The Applicant shall enter into an Amendment to the Pylon Sign Agreement for Lot 2, Block 1
th
Town Centre 70 17 Addition, in a form acceptable to the Cit Attorney.
7. No tenant shall have signage on the existing pylon sign located on Lot 1, Block 1 at the same
th
time as signage on the proposed pylon sign located on Lot 2, Block 1, Town Centre 70 17
Addition.
PLANNED DEVELOPMENT AMENDMENT – CSM WATERS V LLC
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow
outdoor storage of tractors, farm implements and equipment at 2955 Lone Oak Drive.
John Ferrier, CSM Waters, discussed the storage of the equipment noting it is actually used for training
sessions and is moved constantly. He requested the term of the interim use include the option period to
2017.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow outdoor storage of tractors, farm implements and equipment at 2955
th
Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5 Addition, subject to the following
conditions: Aye: 4 Nay: 0
1. The 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
2. The outdoor storage terminates upon the expiration of the current lease or October 31, 2017;
whichever occurs first.
3. The outdoor storage shall be as indicated on the approved Site Plan dated July 9, 2009.
4. Trash dumpsters shall be relocated within the building or within an enclosure consistent with City
Code by June 30, 2010.
City Council Minutes
September 1, 2009
Page 7
5. Equipment being stored on site shall be no more than five years old.
ORDINANCE AND FEE SCHEDULE AMENDMENT
SANITARY SEWER SERVICE INSPECTIONS
City Administrator Hedges introduced this item regarding an amendment to City Ordinance Section 3.40
regarding rules and regulations relating to sanitary sewer service. He noted this item had been discussed
at the August 11, 2009 Council workshop. Public Works Director Colbert provided an overview of the
ordinance amendment.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt an amendment to
City Ordinance Section 3.40 (Rules and Regulations relating to Sanitary Sewer Service), authorize its
publication by the City Attorney. Aye: 4 Nay: 0
It was noted that the fee schedule amendment will be brought back as a public hearing at a later date.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting was recessed at 11:20 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular meeting was reconvened at 12:00 a.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 Tilley seconded a motion to adjourn the meeting at
12:00 p.m.
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk