04/20/2010 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 20, 2010
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken and Hansen. Councilmembers Fields and Tilley were absent. John
Olson discussed his request to extend a fence into a conservation easement at 4607 Sweet Street. Staff
noted to Council that information regarding encroachment issues would be presented at a Council
meeting in June. Margo Danner, representing the Lioness Club, and Tom Mullen, representing the
American Legion discussed the memorial to be constructed in Central Park.
A regular meeting of the Eagan City Council was held on Tuesday, April 20, 2010 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken and Hansen.
Councilmember Fields arrived late. Councilmember Tilley was absent. Also present were City
Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney
Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles.
AGENDA
City Administrator Hedges noted that the order of the agenda would be changed in order to accommodate
Councilmember Fields’ delay in attending the meeting.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye: 3 Nay: 0
RECOGNITIONS AND PRESENTATIONS
The Oath of Office was administered to Police Officer Eric Tessmer by Deputy Clerk Broyles.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as amended. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the April 6, 2010 regular City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Seasonal Employees in the Streets Maintenance
and Parks and Recreation Division.
C. It was recommended to ratify the check registers dated April 1, 2010 and April 8, 2010 as presented.
D. It was recommended to adopt a Resolution approving an Exempt Permit for Experimental Aircraft
Association to conduct a raffle on October 3, 2010.
E. It was recommended to declare bicycles and unclaimed property to be surplus.
F. It was recommended to approve a Resolution establishing Metcalf Junior High School, 2250 Diffley
Road, as the new polling place for Precinct 12.
G. It was recommended to approve a Tree Maintenance Contractor License for Lawrence Tree and
Stump Services, Inc., 17082 Georgetown Way, Rosemount.
H. It was recommended to award two additional new contracts for the construction of the Fire Safety
Center and to cancel one previous contract authorized for the project.
I. It was recommended to adopt a policy for setting interest rates on special assessments, and set
current year rate at 5.0%.
J. It was recommended to approve equity transfers to close out the 2002B Refunding Debt Service
Fund, the Assessments on City Property Capital Projects Fund, and the Drug Forfeiture Special
Revenue Fund.
City Council Minutes
April 20, 2010
Page 2
K. It was recommended to authorize staff to take the necessary steps to finance the Civic Arena
geothermal and related improvements internally and to call the outstanding Civic Arena bonds.
L. It was recommended to accept a donation from the Friends of the Eagan Core Greenway in the
amount of $3,000 to provide plantings, interpretive signage and a bench in Patrick Eagan Park.
M. It was recommended to authorize the advertisement for proposals to replace the ice resurfacer for the
Eagan Civic Arena.
N. It was recommended to acknowledge Eagan as the recipient of the 2009 Tree City USA Award from
the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Sunday, May 16
as Arbor Day and May, 2010 as Arbor Month in the City of Eagan.
O. It was recommended to accept an MRAC grant for $5,000 from the Metropolitan Regional Arts
Council for summer programming.
P. It was recommended to modify the development contract to extend the completion dates for site
improvements from May 1, 2010 to May 1, 2012 for Red Pine Crossing, located south of Red Pine
Lane and east of Hwy. 3 in the SE ¼ of Section 36.
Q. It was recommended to approve the plans and specifications for Contract 10-01 (Citywide Street
Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Thursday, June 3, 2010.
R. It was recommended to reschedule a public hearing to consider the petition to vacate public right-of-
way known as Wescott Woodlands to be held on May 18, 2010.
PUBLIC HEARINGS
There were no public hearings.
OLD BUSINESS
Old Business Item A was addressed later in the meeting.
CONDITIONAL USE PERMIT – WAGGING TAILS PET RESORT
CONDITION MODIFICATION
City Administrator Hedges introduced this item regarding a request to modify a condition which would
eliminate the sound attenuation requirement for a full service animal care facility at 3275 Sun Drive. City
Planner Ridley gave a staff report.
Keith Olson, Wagging Tails Pet Resort, discussed his request and noted that noise from dogs has not
been an issue.
Council members held a discussion regarding the canopy and the sound attenuation.
Dave Leake, Blue Rhino Studios, stated he had no problem with the request but was concerned if noise
became an issue at a later date.
Councilmembers discussed the proposed change and highlighted that the part of the condition relative to
noise attenuation would be left intact.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to amend the language in
condition number 10 of the Conditional Use Permit shown below and that same shall be recorded against
nd
the property located at 3275 Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2
Addition to read: Aye: 3 Nay: 0
10. The applicant shall install a canopy to cover at least 20% of the outdoor play area and shall be
installed by May 15, 2010. If the City Animal Control Officer determines that there is excessive noise
generated from the outdoor play area, the City Council shall determine whether noise absorbing
City Council Minutes
April 20, 2010
Page 3
sound panels need to be installed by the applicant. The failure of the applicant to install the panels,
if so required by the Council, shall be cause for revocation of the Conditional Use Permit.
NEW BUSINESS
INTERIM USE PERMIT – BUILDING MATERIALS OUTLET
City Administrator Hedges introduced this item regarding an Interim Use Permit extension to allow outside
storage of trailers and building materials upon a 6.2 acre site located at 2795 Highway 55. City Planner
Ridley gave a staff report.
Don Prettyman, BMO and Scott Smith, IRET Properties were present.
Discussion was held regarding site improvements that would include resurfacing of the storage area and
it was determined by the Mayor and Council that because the ultimate goal of the property owner and City
was redevelopment of the site, investment in likely temporary improvements was not prudent.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an Interim Use
Permit extension to allow outside storage of trailers and building materials upon a 6.2-acre site located at
2795 Highway 55 subject to the following conditions: Aye: 3 Nay: 0
1. The permit shall terminate upon the earlier of either cease of use or three years from the date of
City Council approval.
2. The Interim Use Permit shall be recorded within 60 days of its approval by the City council.
3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. The Interim
Use Permit may be revoked for failure to comply with any condition of the permit following notice
of the noncompliance and a hearing by the City Council with all interested parties being given an
opportunity to be heard.
4. Retail sales are prohibited.
5. The applicant shall immediately remove all outdoor storage on the adjacent property.
6. The applicant shall submit a revised and more detailed Site Plan showing where and how
additional green space will be established, and identifying parking stalls and dimensions.
7. All outside storage shall be contained within the subject parcel, and limited to the areas specified
on the modified staff Site Plan dated March 17, 2010.
8. The outside storage of trailers and building materials is limited to the number and location as
shown on the modified staff Site Plan dated march 17, 2010.
9. All trailers shall be located within the designated trailer storage area shown on the modified staff
Site Plan dated March 17, 2010. A maximum of 13 trailers may be stored within this area.
10. Required setbacks shall be delineated and outdoor storage items shall be moved back from
property lines to establish setbacks and yard areas as required by City Code.
11. The existing surfacing of the outdoor storage areas shall remain.
12. All parking and storage areas shall be properly maintained to prevent deterioration.
13. No hazardous materials shall be stored on the property.
14. A minimum 20’ emergency access aisle shall be designated and maintained on the south and
west sides of the building, and a 24’ drive aisle shall be maintained through the parking and
storage area along the east side of the building.
15. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for
review and approval by City staff to include landscaping of perimeter yard setback areas, parking
lot islands and for screening purposes. As required by City Code, all landscaped areas shall be
served by automatic irrigation. Landscaping shall be installed by October 31, 2010.
16. All signage shall meet City Code standards and be brought into compliance within 30 days
following approval.
City Council Minutes
April 20, 2010
Page 4
17. The applicant shall provide public street easement across the BMO property (2795 Highway 55,
Parcel 10-53320-071-00) from Highway 55 to Beverly Drive, in a form acceptable to the City
Attorney and in a configuration acceptable to the City Engineer.
ADMINISTRATIVE AGENDA
There were no items that required action.
OLD BUSINESS ITEM A
COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT
COVENTRY SENIOR LIVING
Councilmember Fields arrived.
City Administrator Hedges introduced this item regarding 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 Living Facility for property located at 1650 Hunt
Drive. City Planner Ridley gave a staff report.
Greg Johnson, representing Coventry Senior Living, was present to discuss the proposed project and
answer questions of the Council.
Four area residents expressed concern regarding increased traffic and safety issues should the senior
living facility be constructed in their neighborhood.
Public Works Director Colbert spoke to traffic concerns and estimated number of trips generated based
on the use of the site and concluded that an insignificant amount of traffic generated by the proposed use
would use Birch Pond Road.
Councilmembers held a discussion regarding the potential ramifications of the proposed land use
designation change from medium density to high density. Other potential uses for the property were
briefly discussed. Ultimately, the Mayor and Council determined that the proposed Guide Plan
Amendment would result in a density that is inconsistent with the area and that the proposed deviations
from straight zoning standards were not acceptable.
Councilmember Fields moved to implement 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 Living Facility for property located at 1650 Hunt Drive, legally
rd
described as Lots 1 and 2, Block 1, Terra Glenn 3 Addition. Motion failed for lack of a second.
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to draft
Findings of Fact for Denial of a Planned Development Amendment to amend the Preliminary Planned
Development to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally
rd
described as Lots 1 and 2, Block 1, Terra Glenn 3 Addition. Aye: 4 Nay: 0
VISITORS TO BE HEARD
Richard Hyel requested a meeting with the City Attorney and Mayor Maguire in regard to a private matter.
City Council Minutes
April 20, 2010
Page 5
ADJOURNMENT
Councilmember Fields moved, Councilmember seconded a motion to adjourn the meeting at 10:00 p.m.
Aye: 4 Nay: 0
____________________ _________________________________
Date Administrative Secretary / Deputy Clerk