06/07/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JUNE 7, 2011
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Bakken, Fields, Hansen and Tilley. Dr. John Laco addressed the City Council regarding his request
for signage at his medical practice on Rahn Cliff Court. Kevin Laubach, 1550 Lakeview Curve, addressed the City
Council regarding a dispute with his neighbor over lawn maintenance and fence location.
A regular meeting of the Eagan City Council was held on Tuesday, June 7, 2011 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City
Administrator Tom Hedges, Assistant to the City Administrator Miller, Director of Administrative Services
VanOverbeke, Director of Parks and Recreation Johnson, Director of Public Works Colbert, Director of Community
Development Hohenstein, City Planner Ridley, Police Chief McDonald and Fire Chief Scott.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5
Nay: 0
CONSENT AGENDA
City Administrator Hedges added Consent item Y. — Approve Parade Permit for the Bloomington Daymakers Rotary, in
care of Stephanie Smith. Hedges noted that a Closed Session would be held to discuss Project 1016 and labor
negotiations.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5
Nay: 0
A. It was recommended to approve the minutes of the May 17, 2011 regular City Council meeting and minutes
from the May 10, 2011 Special City Council meeting as presented
B. Personnel Items:
1. It was recommended to acknowledge the resignation of Ryan Stevens, Accountant I, and authorize his
replacement
2. It was recommended to approve the hiring of a summer Finance Intern
3. It was recommended to approve the hiring of Seasonal Employees in Parks and Recreation and Utilities
C. It was recommended to approve the check registers dated May 12, 2011, May 19, 2011 and May 26,
2011 as presented
D. It was recommended to approve action to not waive monetary limits on Municipal Tort Liability
E. It was recommended to approve change orders for the Fire Safety Center
F. It was recommended to adopt a Resolution to proclaim June 8, 2011 as Arbor Day and the month of June 2011
as Arbor Month in the City of Eagan
G. It was recommended to declare a used Cascade Bay drop slide as surplus property and have it disposed of
appropriately
H. It was recommended to approve a Tree Maintenance Contractor License for Mike Paggen, Midwest Tree
Experts, LLC
L It was recommended to approve the recording extension of preliminary subdivision for The Heritage of
Highview
J. It was recommended to direct preparation of Ordinance Amendment to establish a timeline for the completion
of exterior materials under Building Permits
K. It was recommended to approve Change Order #1 and authorize final payment for Contract No. 10 -20 Water
Quality /Storm Sewer Pond Sediment Removal
L. It was recommended to approve Change Order for Contract 11 -01, Citywide Street Improvements
M. It was recommended to approve Quit Claim Deed for SCM (Joe Miller Farms remnant)
N. It was recommended to accept the 2011 Transportation Infrastructure Needs Analysis (TINA) update
O. It was recommended to approve final payment for Contract No. 11 -07, Schwartz Lake Rain Gardens
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P. It was recommended to receive Petition and schedule a Public Hearing for July 5 to vacate D & U easement on
Lot 1, Block 1 Gopher Eagan Industrial Park #3 & #6
Q. It was recommended to approve revisions to the Winter Trail Maintenance Program for 2011 -2012
R. It was recommended to approve revisions to the Winter Trail Maintenance Policy & Addition of Priority
Response Plan
S. It was recommended to approve revisions to the Snow & Ice Control Policy
T. It was recommended to approve First Amendment to Special Events Agreement (CSM Eagan, LLC, Lockheed
Martin Corporation, and City of Eagan)
U. It was recommended to approve Final Plat for the Pomroy Addition
V. It was recommended to approve the Agreement with BHK Ventures, LLC dba Quality Business Solutions to
assist the City in achieving compliance with Payment Card Industry (PCI) standards for handling of credit card
numbers and other private data
W. It was recommended to approve a Resolution of Support for CDA HOME Fund Application for Northwood
Family Townhomes Project
X. It was recommended to approve a Massage Therapy Establishment License for Igor Ganopolskiy, Alliance
International Corporation, 1585 Thomas Center Drive
Y. It was recommended to approve a Parade Permit for the Bloomington Daymakers Rotary, in care of Stephanie
Smith.
City Administrator Hedges summarized Consent item F., a Resolution proclaiming Arbor Day and Arbor Month, and
Consent item Y., the Parade Permit for the Bloomington Daymakers Rotary per the Council's request. Public Works
Director Colbert summarized Consent item N., update on the 2011 Transportation Infrastructure Needs Analysis (TINA).
PUBLIC HEARINGS
VACATION OF DRAINAGE & UTILITY EASMENT, LOT 5, BLOCK 9 NICOLS RIDGE
City Administrator Hedges introduced the item regarding the vacation of public drainage and utility easements, Lot 5,
Block 9, Nicols Ridge. Public Works Director Colbert gave a staff report.
Mayor Maguire opened the Public Hearing. Mayor Maguire turned the discussion back to the City Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage
and utility easements on Lot 5, Block 9 Nicols Ridge and Easement No. 1097680. Aye: 5 Nay: 0
OLD BUSINESS
RECEIVE FINAL ASSESSMENT ROLL AND SCHEDULE PUBLIC HEARING FOR JULY 5 — PROJECT
1033 CLIFF ROAD — TRUNK WATERMAIN
City Administrator Hedges introduced the item regarding the final assessment roll for Project 1033, Cliff Road, trunk
water main improvements. Director of Public Works Colbert gave a staff report and review of the project. He explained
the difference in the two alternate assessment rolls and the rationale for the second option deleting the Lakewood Hills
neighborhood from a trunk area assessment under this project.
Councilmembers held a brief discussion. The City Council noted a trunk fee would be charged at the time of future
public improvements when or if an additional lateral water main extension is completed.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve all properties included in the
preliminary assessment roll as presented at the Public Hearing on August 2, 2011, except those in the Lakewood Hills
Subdivision, and communicate to residents that they have been removed from the trunk fee until such time as the lateral
water main is extended. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the amendment of the
preliminary assessment roll for Project 1033 — Cliff Road, to delete the properties in the Lakewood Hills Subdivision.
Aye: 5 Nay: 0
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COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING — JON POMROY
City Administrator Hedges introduced the item regarding a Comprehensive Guide Plan Amendment from MD
(Medium Density) to LD (Low Density) and a rezoning of approximately 1.7 acres from R -3 (Residential
Townhouse) to R- l(Residential Single Family) located at 3755 Blackhawk Road. City Planner Ridley gave a staff
report.
Jon Pomroy was present to answer questions of the Council. A brief discussion was held.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to implement a Comprehensive Guide
Plan Amendment to change the land use designation upon approximately 1.5 acres from MD, Medium Density
residential (4 -12 units /acres) to LD, Low Density residential (o -4 units /acre), located at 3755 Blackhawk Road,
west of Blackhawk Road south of Robin Lane. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a rezoning from R -3, Residential
Townhouse to R -1, residential single for approximately 1.5 acres located at 3755 Blackhawk Road, west of Blackhawk
Road south of Robin Lane. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT — SHAWNEE PROFESSIONAL BUILDING / WENZEL PROPERTIES
City Administrator Hedges introduced the item regarding a Conditional Use Permit for property located at 3600
Kennebec Drive, consisting of approximately 4.29 acres located northeast of the intersection of Kennebec Drive and
Shawnee Road. City Planner Ridley gave a staff report.
A brief discussion was held by the City Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a conditional use permit located
at 3600 Kennebec Drive, consisting of approximately 4.29 acres located northeast of the intersection of Kennebec Drive
and Shawnee Road, subject to the following conditions: Aye: 4 Nay: 0 (Tilley not present)
1. A Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. The outdoor storage shall be limited to 8 regular size service trucks, 2 large service trucks and 2 trenching machines.
3. The outside storage shall not be leased independently, but may be utilized by a tenant that leases space within the
principal building.
4. The fence shall be relocated to eliminate encroachment onto adjacent property by June 30, 2012.
5. Outdoor storage items shall be located within the fence enclosure as shown on the Site Plan. Shifting of items to the
south may be necessary to maintain appropriate drive width along the east side of the storage building.
6. Fenced in storage area and loading dock off the pole building may have recycled bituminous, rolled and packed, to
be completed by October 30, 2013. The remainder of the rear parking area may have recycled bituminous, rolled
and packed, to be completed by October 30, 2015.
7. The applicant shall obtain a grading permit from the City prior to reconstruction of outdoor storage and parking areas.
The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City
engineering and code standards. The development is also subject to the City's codified land disturbance and erosion
control regulations.
8. The surfacing improvement shall meet performance standards in the City Code such as preserving a 5' setback from
side and rear lot lines maintaining vegetation as approved by the City for a water quality buffer strip and result in a
net decrease in impervious surface on the site.
9. All parking and storage areas shall be properly maintained to prevent deterioration. Landscaped areas shall be
properly maintained per City Code standards.
10. Trash storage shall be located behind and adjacent to the building such that it is not visible from the public streets.
All trash shall be contained within the dumpsters, and any pallets neatly stacked or other recyclable materials
properly contained and placed in the same area and removed from the site on a regular basis per City Code.
INTERIM USE PERMIT — OAK HILLS CHURCH
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City Administrator Hedges introduced the item regarding an Interim Use Permit to allow a community garden located at
1560 Yankee Doodle Road. City Planner Ridley gave a staff report.
A brief discussion was held by the City Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Interim Use Permit to allow a
community garden located at 1560 Yankee Doodle Road, subject to the following conditions. Aye: 5 Nay: 0
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of
recording shall be submitted to the City
2. The permit shall terminate on October 31, 2015.
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. The Permit approves the use of a community garden, which shall be located as shown on the approved site Plan with
the specifications identified on the approved Garden Plan.
5. Refuse cans shall be provided on site.
6. Restoration of the plots shall occur at the end of the growing season.
7. The land shall be restored at the end of the Interim Use Permit to be in compliance with the City of Eagan's turf
grass ordinance.
8. At all times, any and all garden materials, supplies and tools shall be contained within the area as defined by the
Garden Plan. Any and all such materials, supplies and tools shall be stored, placed or disposed of no closer than 30
feet of the wetland boundary.
9. At no time shall biodegradable garden debris or compost be stored, placed or disposed of closer than 30 feet of the
wetland boundary.
10. Vehicle access to the garden site shall only be from the Oak Hills Church property off Coachman Road. There shall
be no direct access from Yankee Doodle Road.
11. Gopher State One shall be contacted to mark boundaries of electrical, gas, and communication lines on the property
prior to construction of garden.
CONDITIONAL USE PERMIT — ROCLAR WAREHOUSE, INC.
City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow outdoor storage of
materials, equipment, licensed vehicles and storage containers necessary for the operation of business activity involved
in light concrete construction and landscaping located at 3660 Kennebec Drive. City Planner Ridley gave a staff report
The applicant, Rod Henrickson, owner of Roclar Warehouse, Inc., addressed the Council and was present to answer
questions. A brief discussion was held.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to
allow outdoor storage of materials, equipment, licensed vehicles and storage containers necessary for the operation of
business activity involved in light concrete construction and landscaping located at 3660 Kennebec Drive, subject to the
following conditions. Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. The outdoor storage shall be limited to a maximum of 9 containers and located in the outdoor storage area as
identified on the Site Plan received January 24, 2011.
3. The applicant shall submit a revised Site Plan identifying 21 parking stalls, striped per Code requirements and
reflect the established setback requirements.
4. The revised Site Plan shall include the location of the landscape vehicles and trailers and trash containers.
5. Parking stalls, per the revised Site Plan., shall be striped no later than August 1, 2011.
6. The applicant shall install the gate as identified on the Site Plan dated January 24, 2011 by August 1, 2011.
7. 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.
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8. The fabric for the chain link fence and gate shall be kept in premium condition. Replacement of the fabric and
fence shall occur immediately if they fall into disrepair.
9. Miscellaneous items not shown on the approved Site Plan shall be removed from the storage area and located inside
the storage containers of principal building or removed from the site no later than June 1, 2012.
10. City Code violations pertaining to expired license tabs, non - licensed trucks and outdoor storage of tires, empty
barrels, auto parts and other debris shall be corrected no later than June 1, 2012.
11. The storage area shall be cleared of debris and weeds and maintained in an orderly fashion.
12. All parking and storage areas shall be limited to operations vehicles and associated with the tenants' business.
13. Outdoor storage shall be limited to operations vehicles and associated with the tenants' business.
14. Outdoor storage shall be limited to items that area affiliated to the business conducted by the owner and/or lawful
tenants that occupy leased space in the principal building.
15. The fence and storage encroachment on the western property line shall be removed no later than June 1, 2012.
Outdoor storage along with west property line is not included with the approval.
16. (B) 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 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. The recycled asphalt aggregate shall be completed by August 1, 2012.
16. The applicant shall obtain a grading permit from the City prior to the reconstruction of the proposed outdoor
storage areas.
CONDITIONAL USE PERMIT — COMPETITION ENGINES
City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow outdoor storage of cars and
car trailers located at 2980 Lone Oak Circle. City Planner Ridley gave a staff report and brief history of the property.
The applicant, from Competition Engines, was present to answer questions of the Council. A brief discussion was held
by the City Council. The Mayor thanked property owners for their cooperation.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to
allow outdoor storage of cars and car trailers located at 2980 Lone Oak Circle, subject to the following conditions. Aye:
5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan.
3. The storage area shall be maintained in an orderly fashion.
4. All parking and storage areas shall be properly maintained to prevent deterioration.
5. Existing landscaping shall be maintained and any dead plant materials replaced.
6. Any new mechanical equipment that may be installed either on the building or on the ground shall be screened in
accordance with City Code requirements.
7. The outdoor storage should not interfere with City's access to the warning siren.
The City Council recessed at 7:50 p.m.
The City Council reconvened at 8:02 p.m.
CONDITIONAL USE PERMIT — RJ RYAN
City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow outdoor storage of semi
trailers on the property located at 905 Yankee Doodle Road and introduced the Interim Permit request for the property
located at 915 Yankee Doodle Road. City Planner Ridley gave a staff report.
Walter Larson, from Alan Richey, Inc., was present to answer questions of the Council on both the Conditional Use
Permit and Interim Use Permit request. A brief discussion was held. Mayor Maguire noted a letter received from
Faithful Shepherd Catholic School requesting the actions be delayed until such time as they study the potential impact
of the proposals on the Faithful Shepherd School. Mayor Maguire confirmed that a Public Hearing notice had been sent
to faithful Shepherd and explained the Hearing process and why the City Council would take action this evening.
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Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to
allow outdoor storage of semi trailers on the property located at 905 Yankee Doodle Road, subject to the following
conditions. Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan.
3. The storage area shall be maintained in an orderly fashion.
4. All parking and storage areas shall be properly maintained to prevent deterioration.
5. All fencing and landscape screening shall be installed by September 15, 2011.
6. Lock boxes meeting Fire Department specifications shall be installed at all fence gate locations. A private yard
hydrant shall be installed at the southwest corner of the building by August 1, 2011, and a sign identifying the
hydrant location shall be posted on the building in that location.
7. A private access easement shall be executed to allow the proposed driveway connection through the adjacent
property to the west, which will afford access to Columbia Drive.
8. The applicant shall provide a Final Site Plan showing off -street parking areas prior to release of the CUP for
recording.
9. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the
City Code.
10. Any new mechanical equipment that may be installed either on the building or on the ground shall be screened in
accordance with City Code requirements.
INTERIM USE PERMIT — RJ RYAN
(The City Council considered this item as part of the discussion on the previous item.)
City Planner Ridley noted Faithful Shepherd Catholic School received notice of the project and an invitation to the
Public Hearing of the Advisory Planning Commission, but did not attend the Advisory Planning Commission Hearing.
The applicant noted Columbia Drive would not be used for trailer traffic, rather access will be taken at the 905 Yankee
Doodle Site.
Jim DiPetro addressed the City Council regarding traffic flow proposed at both sites.
Coucilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit to allow
outdoor storage of semi trailers on the property located at 915 Yankee Doodle Road and directed a letter be sent to
Faithful Shepherd Catholic School explaining the action taken and anticipated traffic flow resulting from the approved
Conditional Use Permit and Interim Use Permit and eliminate "3 year" in the second condition and change to "shall
expire November 1, 2014" subject to the following conditions. Aye: 5 Nay: 0
1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. The term of this Interim Use Permit shall expire on November 1, 2014.
3. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan.
4. The storage area shall be maintained in an orderly fashion.
5. All parking and storage areas shall be properly maintained to prevent deterioration.
6. All fencing and landscape screening shall be installed by September 15, 2011 and shall be subject to on -going
maintenance. Mesh screening shall be required for west end of fence between the property and adjacent school.
7. Lock boxes meeting Fire Department specifications shall be installed at all fence gate locations. A private yard
hydrant shall be installed at the southwest corner of the building and private fire hydrants must be tested and
inspected by August 1, 2011.
8. The six trailers shown along the east side of the 915 building should be removed to avoid the potential for blockage
of the easement and narrowing of the drive providing access to the northern portion of the site.
9. Areas along the common boundary with the adjacent 905 Yankee Doodle Road site should be signed "no parking
fire lane ", as well as the east and northwest sides of the 915 building and along with northwest property line.
10. The applicant shall provide a private access easement, in a form acceptable to the City Attorney, in favor of the
adjacent property to the east at 905 Yankee Doodle Road to Columbia Drive.
11. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the
City Code.
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12. Any new mechanical equipment that may be installed either on the building or on the ground shall be screened in
accordance with the City Code requirements.
ADOPT THE 5 YEAR PUBLIC WORKS CAPITAL IMPROVEMENT PLAN (2012 -2016) AND AUTHORIZE
IMPLEMENTATION OF THE 2012 IMPROVEMENTS
City Administrator Hedges introduced the item regarding the 5 year Public Works Capital Improvement Plan (2012-
2016) and implementation of the 2012 improvements. Director of Public Works Colbert gave a staff report.
Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the 5 year Public Works Capital
Improvement Plan (2012 -2016) and authorize the initiation of the public improvement process for the 2012
improvements. Aye: 5 Nay 0
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator introduced the item regarding correspondence to Eagan's legislative delegation in support of funding
for the Statewide Health Improvement Program (SHIP).
The City Council discussed the proposed letter.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve correspondence to Eagan's
legislative delegation in support of funding for the Statewide Health Improvement Program (SHIP). Aye: 4 Nay: I
(Bakken)
ADMINISTRATIVE AGENDA
City Attorney
Item 1. The City Attorney announced their will be a Closed Session regarding the Pohl property and labor
negotiations.
City Council Comments
Item 1. City Councilmember Bakken requested that pet owners clean up after their pets when walking animals.
City Administrator
Item 1. Mayor Maguire acknowledged staff for an excellent job of executing the Showcase Eagan event.
Item. 2. City Administrator Hedges summarized the proposed Administrative Services Department reorganization.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Administrative Services
Department reorganization. Aye: 5 Nay: 0
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:50 p.m. Aye: 5
Nay: 0
Date
Mayor
Clerk