01/05/2010 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 5, 2010
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Hansen and Fields. Councilmember Tilley was absent. Scott
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Swenson, Chair of the Volunteer Executive Board, provided an update on the 150 Anniversary
celebration.
A regular meeting of the Eagan City Council was held on Tuesday, January 5, 2010 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields.
Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, City Planner Mike
Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, City
Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted that the applicant withdrew New Business, item A.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye: 4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
EAGAN’S SESQUICENTENNIAL CELEBRATION UPDATE
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Scott Swenson, Chair of the Volunteer Executive Board, provided an update on the 150 Anniversary
celebration.
2009 PICTURE EAGAN PHOTO CONTEST WINNERS
The winners of the 2009 Eagan Photo Contest were recognized.
CONSENT AGENDA
City Administrator recognized the retirement of Virginia Discenza.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as presented. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the December 1, 2009 regular City Council meeting
and the November 10, 2009 Special City Council meeting as presented.
B. Personnel Items.
1. Accepted resignation (retirement) of Virginia Discenza as the Human Resources Specialist
position and authorize replacement of the position
2. Accepted the resignation (retirement) of Greg Johnson, Lieutenant and authorize
replacement of the position
3. Authorized hiring of Eric Tessmer, Patrol Officer
4. Approved change of the job title Engineering Secretary to Engineering Aide
5. Approved step increases for non collective bargaining employees and adopted IRS mileage
rate effective January 1, 2010 for $.50 per mile
6. Accepted letter of resignation from Marlene Schuele, Clerical Tech IV in the Police
Department and authorize replacement of the position
City Council Minutes
January 5, 2010
Page 2
C. It was recommended to ratify check registers dated December 10, 2009, December 17, 2009 and
December 24, 2009 as presented.
D. It was recommended to approve the final payment for Contract 08-13 (Sibley Terminal Storm
Drainage Improvements) in the amount of $4,586.09 to G.F. Jedlicki, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
E. It was recommended to reschedule consideration of Project 1008, (Northview Park Road/Braddock
Trail/Trotters Ridge/Stafford Place – Street Improvements) to future date.
F. It was recommended to accept a $3,609.11 donation from the Eagan Citizen’s Crime Prevention
Association (ECCPA).
G. It was recommended to accept a Minnesota Department of Agriculture (MDA), Forest Protection
Reserve Planning and Preparedness Grant in the amount of $89,000, to be used to implement a City
program to manage and control the spread of Emerald Ash Borer, and authorize the Director of Parks
and Recreation to sign the contract agreement and future related documents on behalf of the City.
H. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as
it relates to the expiration of Conditional Use Permits.
I. It was recommended to approve a Final Subdivision (Eagan Fire Station No. 2) to separate
approximately six acres from a 75-acre parcel to create one four-acre lot and associated right-of-way
dedication, located at the southwest corner of Yankee Doodle Road and Wescott Woodlands.
J. It was recommended to direct staff to initiate Ordinance Amendments to Chapter 11, specifically as
they relate to general provisions, design standards and signage.
K. It was recommended to authorize staff and the City Attorney’s office to proceed with the necessary
land use application processes and appropriate lease negotiations for the installation of private
telecommunications equipment at the Eagan Municipal Campus and at Northview Park.
L. It was recommended to approve a resolution amending the 2010 payable Cedar Grove Special
Service District levy to $600.
M. It was recommended to accept a Grant from the State of Minnesota on behalf of the Dakota County
Drug Task Force and approve a resolution authorizing execution of the agreement.
N. It was recommended to approve amendments to existing telecommunication lease agreements with
Verizon, Inc. for antenna upgrade installations on designated water reservoir sites and authorize the
Mayor and City Clerk to execute all related documents.
PUBLIC HEARINGS
2010 FEE SCHEDULE
City Administrator Hedges discussed this item regarding adoption of the 2010 Fee Schedule establishing
fees for various City services, supplies and materials.
Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and
turned discussion to the Council. Chief Financial Officer Pepper answered questions of the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and adopt a resolution approving the 2010 Fee Schedule Establishing fees for various City services,
supplies and materials. Aye: 4 Nay: 0
PROJECT 1022, OVERHILL FARM ADDITION STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding the Overhill Farm Addition street improvements.
Public Works Director Colbert gave an overview of the City’s pavement management program. City
Engineer Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the
Council.
City Council Minutes
January 5, 2010
Page 3
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1022,
Overhill Farm Addition (Street Improvements) as presented and authorize the preparation of detailed
plans and specifications. Aye: 4 Nay: 0
PROJECT 1018, GREENSBORO ADDITIONS STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding the street improvements for Greensboro
Additions and the alternate removal of Hunter Lane. City Engineer Matthys gave a staff report.
Mayor Maguire opened the public hearing.
Tom and Laura Hood expressed their support for the street overlay and removal of Hunter Lane and
requested the Council vacate the right-of-way that Hunter Lane is located on. They also questioned
future connection of Wescott Hills Drive to Wescott Woodlands.
Public Works Director Colbert explained the history and past discussions that limit further consideration of
this possible connection.
There being no further public comment, Mayor Maguire turned discussion to the Council.
Councilmember Bakken discussed the removal of Hunter Lane and proposed assessment for its removal.
He also suggested that a house could be constructed where Hunter Lane is currently located if neighbors
agreed. A discussion was held which included the possibility of a trail being installed. It was agreed that
the issue would be directed to the Finance Committee for further discussion.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1018,
Greensboro Addition (Street Improvements) with the Alternate (Hunter Lane removal), and authorize the
preparation of detailed plans and specs. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the petition for the
vacation of the public right-of-way of Hunter Lane and schedule a public hearing to be held on March 2,
2010. Aye: 4 Nay: 0
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PROJECT 1026, NORTHVIEW MEADOWS 2 ADDITION STREET IMPROVEMENTS
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City Administrator Hedges introduced this item regarding street improvements for Northview Meadows 2
Addition. City Engineer Matthys gave a staff report.
Mayor Maguire opened the public hearing.
Bill White questioned the total cost of the project, the potential assessments and amount of interest that
would be charged, the construction schedule and when an assessment hearing would be held.
Public Works Director Colbert and Administrative Services Director VanOverbeke addressed Mr. White’s
questions.
There being no further public comment, Mayor Maguire turned discussion to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
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and approve Project 1026, Northview Meadows 2 Addition (Street Improvements) as presented and
authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0
City Council Minutes
January 5, 2010
Page 4
PROJECT 1027, PATRICK ROAD STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding Patrick Road street improvements. City
Engineer Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the
Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve Project 1027,
Patrick Road (Street Improvements) as presented and authorize the preparation of detailed plans and
specifications. Aye: 4 Nay: 0
VARIANCE – 4145 OLD SIBLEY HIGHWAY – GREGORY PREUSSE
City Administrator Hedges introduced this item regarding a variance to the required 40-foot front yard
setback to allow two existing sheds and a dumpster enclosure in the front yard on property located at
4145 Old Sibley Highway. City Planner Ridley gave a staff report.
Gregory Preusse discussed the history of the property and the proposed variance.
Ruthe Batulis, Dakota County Regional Chamber of Commerce spoke in favor of the proposed variance.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the
Council.
Councilmember Hansen proposed that the pressurized tanks be moved back inside the building. Mr.
Preusse discussed the reasoning for storing the tanks outside the building.
Mayor Maguire stated he would prefer to see the storage moved to a different location on the property.
Discussion was held regarding the location of the storage and possible screening alternatives. After
significant discussion regarding the aesthetics, location and function, it was determined that the existing
location of the accessory buildings would be acceptable. Ultimately, the Mayor and Council agreed that
the façade of the enclosure and the gate should be upgraded in a manner acceptable to City staff by 07-
01-10.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 9-foot front yard
setback variance to allow two existing sheds and a dumpster enclosure in the front yard on property
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located at 4145 Old Sibley Highway, legally described as Lot 1, Block 1, Preusse 2 Addition subject to
the following conditions. Aye: 4 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. A Building Permit shall be applied for within 60 days of Variance approval for the two existing
sheds and dumpster enclosure. The structures shall meet City Code requirements.
3. The two sheds shall be located per the Site Plan received November 10, 2009 and constructed
and painted per the Elevation Plan received November 10, 2009.
4. The applicant shall supply the material safety data sheet and quantities list to the Fire Marshal for
review and approval.
5. The applicant shall remove all outdoor storage or apply for an Interim Use Permit within 60 days
of Variance approval.
City Council Minutes
January 5, 2010
Page 5
6. The applicant shall provide an exterior material on the accessory buildings that is comparable to
the principal building in both durability and color, and install a gate of comparable quality on the
north side of the structures no later than 07-01-10, to be approved by City staff.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 15-foot Variance
to the required 20-foot side yard setback to allow two existing sheds and a dumpster enclosure in the
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front yard on property legally described as Lot 1, Block 1, Preusse 2 Addition, located at 4145 Old
Sibley Highway subject to the following conditions: Aye: 4 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. A Building Permit shall be applied for within 60 days of Variance approval for the two existing
sheds and dumpster enclosure. The structures shall meet City Code requirements.
3. The two sheds shall be located per the Site Plan received November 10, 2009 and constructed
and painted per the Elevation Plan received November 10, 2009.
4. The applicant shall supply the material safety data sheet and quantities list to the Fire Marshal for
review and approval.
5. The applicant shall remove all outdoor storage or apply for an Interim Use Permit within 60 days
of Variance approval.
7. The applicant shall provide an exterior material on the accessory buildings that is comparable to
the principal building in both durability and color, and install a gate of comparable quality on the
north side of the structures no later than 07-01-10, to be approved by City staff.
OLD BUSINESS
MEADOWLARK RIDGE HOUSING IMPROVEMENT AREA
City Administrator Hedges introduced this item regarding the establishment of the Meadowlark Ridge
Townhome Housing Improvement Area to finance improvements to the exterior common area and
building systems. It was noted that a public hearing was held on December 15, 2009 and received
background and testimony regarding the petition and the creation of the proposed district. Council
directed preparation of the following documents.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance
establishing the Meadowlark Ridge Housing Improvements Area. Aye: 4 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution
imposing fees on housing units within the Meadowlark Ridge Housing Improvement Area to finance
improvements. Aye: 4 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Development
Agreement between the City and the Association. Aye: 4 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT – H1 MN INC.
City Administrator Hedges introduced this item regarding a conditional use permit to allow a minor motor
vehicle repair business located at 525 Diffley Road. City Planner Ridley gave a staff report.
Jim Henkel, applicant, was present to answer questions.
City Council Minutes
January 5, 2010
Page 6
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow a minor motor vehicle repair business located at 525 Diffley Road, legally described as Lot
1, Block 1, Hawthorne Ridge, subject to the following conditions: Aye: 4 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2. Updated building facades shall be constructed per the submitted elevation plan received
December 1, 2009 and shall include garage doors painted to match the color of the building.
3. Overnight parking shall not exceed three customer vehicles and shall be located per the Site Plan
received December 4, 2009.
4. No additional outdoor storage shall be allowed.
5. The applicant shall submit a landscape plan, acceptable to city staff, to provide screening of the
service bays from Highway 3. The landscaping shall be installed no later than July 1, 2010.
6. All signage is subject to City Code requirements.
CONDITIONAL USE PERMIT – CLEARWIRE
City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit construction
of a 150’ communications monopole on property located at 1010 Aldrin Drive.
A Clearwire representative was present to answer questions.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to permit construction of a 150’ communications monopole on property located at 1010 Aldrin
Drive, legally described as Lot 1, Block 1, Eagandale Corporate Center No. 5, subject to the following
conditions: Aye: 4 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. As required by City Code, the 150-foot monopole antenna tower shall accommodate the
applicant’s antennae and at least two additional comparable communication providers. The
monopole shall also accept antennae mounted at varying heights; and allow the future
rearrangement of antennae upon the tower.
3. The tower and accessory equipment building shall comply with the general standards outlined in
City Code Section 11.70, Subdivision 26-G.
4. The equipment cabinet shall be finished in a tan or brown color to match the principal building.
5. The lease area shall be secured with a security fence as shown on the Site Plan dated December
1, 2009.
6. The monopole tower shall be painted light blue.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
The meeting was recessed at 10:00 p.m. to immediately convene a meeting of the Economic
Development Authority.
The regular City Council meeting was reconvened at 10:05 p.m.
ADMINISTRATIVE AGENDA
There were no items requiring action.
VISITORS TO BE HEARD
City Council Minutes
January 5, 2010
Page 7
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at
10:05 p.m. Aye: 4 Nay: 0
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk