09/21/2010 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
September 21, 2010
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, September 21, 2010 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and
Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon
Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene
VanOverbeke, Director of Communications Tom Garrison, City Attorney Michael Dougherty and
Administrative Secretary / Deputy Clerk Mira Broyles.
AGENDA
City Administrator Hedges noted that a closed session would be held regarding the U-Haul litigation and
an easement acquisition on the Sweet property.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented.
RECOGNITIONS AND PRESENTATIONS
New Police Officers, William Cytryszewski, Chad Clausen, and Joseph Moseng were administered the
Oath of Office.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the September 7, 2010 regular City Council meeting.
B. Personnel Items. (no items)
C. It was recommended to ratify check registers dated September 2, 2010 and September 9, 2010, as
presented.
D. It was recommended to approve one day per month promotions at the Eagan Community Center to
offer free admission for military families to preschool open gym and F.A.N.tastic Saturday.
E. It was recommended to approve a letter of support for Dakota Valley Recycling (DVR) to secure Local
Negotiated Initiative Funds (LNIF) for DVR website improvements.
F. It was recommended to approve an amendment to the Joint Powers Agreement (in which the City
joined ICAC, a multi agency task force that combats internet crimes where children are victims) with
the State of Minnesota, Bureau of Criminal Apprehension and the St. Paul Police Department.
G. It was recommended to approve a Tobacco License for Bassil Dyab, Go For It Gas, 4206 Nicols
Road.
H. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be
surplus.
I. It was recommended to award bid for construction of a replacement fire engine.
J. It was recommended to approve change orders for the Fire Safety Center.
K. Item removed.
L. It was recommended to award Contract 10-09 (Cliff Road Trunk Water Main) to Ryan Contracting,
Inc. for the base bid in the amount of $477,046.50 and authorize the Mayor and City Clerk to execute
all related documents.
City Council Minutes
September 21, 2010
Page 2
M. It was recommended to award Contract 10-10 (South Water Treatment Plant – Facility Upgrade and
Maintenance Repair) to Magney Construction, Inc. for the Base Bid in the amount of $3,798,700, plus
the Alternate #2 deduct of $60,000, and authorize the Mayor and City Clerk to execute all related
documents.
N. It was recommended to award Contract 10-16 (Schwanz Lake Rain Gardens) to Urban Companies
for the base bid in the amount of $43,970.00 and authorize the Mayor and City Clerk to execute all
related documents.
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O. It was recommended to approve a final plat (Kennerick 3 Addition) upon approximately 0.92 acres
for property located at 1413 Vince Trail, and legally described as Lot 1, Block 2, and Outlot C,
Kennerick Addition.
P. It was recommended to approve an agreement between the City and CBS Outdoor, Inc. to provide
the City five (5) hours /month (2250 eight-second spots) for public service announcements on the
billboard located on railroad r-o-w adjacent to Coca-Cola, west of I-35E and south of Hwy. 55 in the
NE ¼ of Section 3.
Q. It was recommended to approve two agreements between the City and Clear Channel Outdoor, Inc.
to provide the City five (5) hours/month (2250 eight-second spots) for public service announcements
on the north and south facing sides of the billboard located on 3.5 acres north of Hwy. 13 and east of
Hwy. 77 (Cedar Ave.) in the SW ¼ of Section 18.
R. It was recommended to approve release of certain declaration of restrictive covenants for Crossroads
of Eagan located at the southeast corner of Denmark Avenue and Duckwood Drive.
S. It was recommended to award the bid for the build out of the Civic West Arena West Training Space
to Morcon Construction, Inc., pending final review by the architect, and authorize the Mayor and City
Clerk to execute the appropriate documents.
T. It was recommended approve a resolution allowing the City of Eagan to continue its participation in
the Dakota Traffic Safety Program through 2011.
PUBLIC HEARINGS
RIGHT OF WAY VACATION – WESCOTT WOODLANDS
City Administrator Hedges introduced this item regarding a petition by neighbors of the Stonehaven
development to vacate the portion of Wescott Woodlands that is unimproved and currently serves as a
gravel driveway access to three residences and a public trail connection to Wescott Hills Drive to the
south. Public Works Director Colbert provided background information and noted that City staff has met
with the petitioners and reached agreement on the extent of the right-of-way vacation. All Required cross
easement agreements between the property owners were verified as being signed and notarized.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing
and approve the vacation of the easterly 30 feet of public right-of-way known as Wescott Woodlands
(formerly known as Dodge Street and Wescott Hills Drive) located south of Duckwood Drive and adjacent
to 3536, 3544 and 3590 Wescott Woodlands, all as formally described and shown on the attached figure,
while reserving the trail, drainage and utility easements, and authorize the Mayor and City Clerk to
execute all related documents. Aye: 5 Nay: 0
OLD BUSINESS
There were no Old Business items.
City Council Minutes
September 21, 2010
Page 3
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION
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(LONE OAK 3 ADDITION)
NWA REAL ESTATE HOLDING COMPANY, LLC (DELTA AIRLINES)
City Administrator Hedges introduced this item regarding a Planned Development Amendment to renew
the term of the Planned Development Agreement, change parcel boundaries and clarify allowable square
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footage for future development on proposed Lot 1 and Outlot A, Lone Oak 3 Addition and a Preliminary
Subdivision to create one lot and three outlots upon approximately 125 acres located south of I-494 and
east of Lone Oak Parkway. City Planner Ridley gave a staff report.
Jeff Minnea, representing Delta Airlines discussed the proposed subdivision and future plans for the
property.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to renew the term of the Planned Development Agreement, change parcel
boundaries and clarify allowable square footage for future development on proposed Lot 1 and Outlot A,
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Lone Oak 3 Addition, upon approximately 86 acres located south of I-494/O’Neill Drive and east of Lone
Oak Parkway, 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 Planned Development allows for a total building area of 325,000 SF for office uses upon Lot
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1, Block 1, Lone Oak 3 Addition, and up to $175,000 SF for office uses upon Lot 1, Block 1,
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Lone Oak 3 Addition, and up to 175,000SF of future office development upon Outlot A, Lone
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Oak 3 Addition.
3. Any further development on Lot 1 or Outlots A and C shall require a Planned Development
Amendment together with the following exhibits:
a. Site plan
b. Landscape plan
c. Building elevation plans
d. Utility Plan
e. Site Lighting Plans
4. This Amendment shall supplement and amend all prior Planned Development Agreements,
including Preliminary Planned Development Agreements.
5. The term of this Agreement shall be 10 years.
6. Any future proposals to impact the wetland on site by draining, filling, or excavating shall comply
with Minn. Rules Ch. 8420 and shall specifically be according to Eagan City Code §11.67 Subd.
5, Wetland Submittal Requirements and Replacement Requirements and Eagan City Code
§11.67, Subdivision 11, Wetland Submittal Requirements.
7. In accordance with Eagan City Code §11.67 Subd. 6 for the “Protect” wetlands, there shall be a
60-foot minimum Wetland Buffer (20% added to 50-foot minimum width requirements because
wetland’s adjacent slopes are 6% or greater). The applicant and/or landowner shall dedicate a
conservation easement over the lands associated with the wetland and the Wetland Buffer.
8. Wetland Buffer Vegetative Requirements shall comply with Eagan City Code §11.67, Subd. 7.
9. The Wetland Buffer shall be protected in accordance with Eagan City Code §11.67 Subd. 8.
10. In accordance with Eagan City Code §11.67 Subd. 9, the applicant and/or landowner must place
markers at the upland edge of the Wetland Buffer at least every 75 feet. Wetland Buffer Markers
will be provided by the City.
11. Any future development of the site shall have wetland setbacks in accordance with Eagan City
Code §11.67 Subd. 10.
City Council Minutes
September 21, 2010
Page 4
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
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Subdivision (Lone Oak 3 Addition) to create one lot and three outlots upon approximately 125 acres
located south of I-494/O’Neill Drive and east of Lone Oak Parkway, subject to the following conditions:
Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: A1, B3, B4
2. The property shall be platted.
3. This subdivision shall dedicate the public right-of-way needed for the construction of a roadway
from Northwest Parkway to the eastern edge of the subdivision, in accordance with City
engineering standards. The plat shall be revised to show this right-of-way prior to final
subdivision approval/
4. The developer shall grant temporary construction easements, in a form acceptable to the City
Attorney for the construction of future roadway.
5. Any future proposals to impact the wetland on site by draining, filling, or excavating shall comply
with Minn. Rules Ch. 8420 and shall specifically be according to Eagan City Code §11.67 Subd.
5, Wetland Submittal Requirements and Replacement Requirements and Eagan City Code
§11.67, Subdivision 11, Wetland Submittal Requirements.
6. In accordance with Eagan City Code §11.67 Subd. 6 for the “Protect” wetlands, there shall be a
60-foot minimum Wetland Buffer (20% added to 50-foot minimum width requirements because
wetland’s adjacent slopes are 6% or greater). The applicant and/or landowner shall dedicate a
conservation easement over the lands associated with the wetland and the Wetland Buffer.
7. Wetland Buffer Vegetative Requirements shall comply with Eagan City Code §11.67 Subd. 7.
8. The Wetland Buffer shall be protected in accordance with Eagan City Code §11.67 Subd. 8.
9. In accordance with Eagan City Code §11.67 Subd. 9, the applicant and/or landowner must place
markers at the upland edge of the Wetland Buffer at least every 75 feet. Wetland Buffer Markers
will be provided by the City.
10. Any future development of the site shall have wetland setbacks in accordance with Eagan City
Code §11.67 Subd. 10.
ORDINANCE AMENDMENT TO CHAPTER 5 OF THE CITY CODE REGARDING FINANCIAL
RESPONSIBILITY AND INSURANCE CERTIFICATE REQUIREMENTS OF LIQUOR LICENSEES TO
COMPLY WITH STATE STATUTES
City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 5 regarding
the financial responsibility and insurance certificate requirements of liquor licensees to comply with State
statutes.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance
amendment to Chapter 5 of the City Code regarding the financial responsibility and insurance certificate
requirements of liquor licensees to comply with state statutes. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
Public Works Director Colbert discussed easement acquisitions for Project 905R which provided for the
installation of storm drainage facilities for the south eastern portion of Eagan through the Lebanon Hills
Regional Park along Cliff Road to the Holland Lake Lift Station. He noted that the City has acquired all
necessary easements except for three which are currently being negotiated, of which one has threatened
an Inverse Condemnation action against the City. He stated he felt it would be in the City’s best interest
City Council Minutes
September 21, 2010
Page 5
to formally initiate Eminent Domain proceedings for that particular property while continuing with
negotiations.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution
authorizing the acquisition of drainage and utility easements for Project 905R for parcel 10-02600-010-54
through Eminent Domain proceedings, if necessary, and authorize the Mayor and City Clerk to execute all
related documents. Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Council Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:20 p.m.
Aye: 5 Nay: 0
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Date
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Mike Maguire, Mayor
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Maria Petersen, City Clerk