08/04/2008 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 4, 2008
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire
Councilmembers Bakken, Fields, and Tilley. Councilmember Hunter was absent. There were no visitors who
wished to be heard.
A regular meeting of the Eagan City Council was held on Monday, August 4, 2008 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hunter. Also
present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner
Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary /
Deputy Clerk Mira Pepper.
AGENDA
It was noted that two items would be added under Recognitions and Presentations.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
OATH OF OFFICE
Newly appointed Councilmember Shawn Hunter was administered the Oath of Office.
NATIONAL NIGHT OUT
Information regarding National Night Out, Tuesday, August 5 was provided. Residents were encouraged to
participate.
BEYOND THE YELLOW RIBBON PROGRAM
Mayor Maguire provided information regarding the Beyond the Yellow Ribbon Program, a program to assist
veterans reintegrating into the community as well as providing support for families of deployed military personnel.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as
presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the July 15, 2008 regular City Council meeting and the
July 8, 2008 Special City Council meeting as presented.
PULLED: APPROVED: FIELDS - TILLEY 4-0 HUNTER ABSTAINED.
B. Personnel Items
1. It was recommended to accept the letter of resignation from Jamie Bewley, part-time Clerical Tech IV
in the Police Department.
2. It was recommended to approve the hiring of Fran Daugherty as a Community Development Intern.
C. It was recommended to ratify the check registers dated July 17, 2008, July 24, 2008 and July 31, 2008 as
presented.
D. It was recommended to approve the list of election judges for the September 9, 2008 Primary Election.
E. It was recommended to approve an On-Sale 3.2 Percent Malt Liquor (Beer) License for Delices De France
Bakery, LLC dba Pardon My French, located at 1565 Cliff Road, Suite 1.
F. It was recommended to approve an Off-Sale 3.2 Percent Malt Liquor (Beer) License for Wal-Mart Stores,
Inc., dba Wal-Mart Store #1786, located at 1360 Town Centre Drive.
G. It was recommended to approve a Tobacco License for Holiday Station Store, 2660 Eagan Woods Drive.
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August 4, 2008
Page 2
H. It was recommended to approve the 2009 Civic Arena operating budget, the 208-2009 ice rental rates, and
the 2008 purchase of 2009 capital outlay items.
1. It was recommended to approve the Civic Arena fund retained earnings as the funding source for the
mezzanine improvements.
J. It was recommended to adopt a resolution allowing the City of Eagan to continue its participation in the 08-37
Dakota Traffic Safety Program through 2009.
K. It was recommended to approve an extension of the construction work hours for TMI Coatings, under City
Contract 08-07 (Safari and Lexington / Diffley Reservoirs - Repainting)
L. Removed
M. It was recommended to receive the bids for Contract 08-01 (Pond LP-51/Holland Lake - Storm Water Lift
Staton Upgrade) and award the contract to Geislinger and Sons, Inc., for the Base Bid (including
Fairbanks Morse pumps) in the amount of $675,510.00, and authorize the Mayor and City Clerk to
execute all related documents.
N. It was recommended to approve final payment for Contract 08-11, Citywide Sealcoat, in the amount of
$14,845.20 to Pearson Brothers, Inc., and accept the improvements for perpetual City maintenance subject
to warranty provisions.
0. It was recommended to approve a 60-day extension of time to record the final plat for CCBC Addition,
located in the NE '/4 of Section 03.
P. It was recommended to approve a 120 day extension of time to record the final subdivision for Clearview
4"' Addition, located in the NE '/4 of Section 03.
Q. It was recommended to approve a Final Subdivision (Lundberg Addition) to create two industrial lots
upon 3.3 acres located at 3195 Terminal Drive in the NE '/4 of Section 8.
R. It was recommended to direct the City Attorney to prepare an amendment to Chapter 10, Section 10.51,
relative to the City's ability to remove refuse and trash from private property and assess cost of same.
S. It was recommended to adopt a resolution approving a Premise Permit for the Metro Baseball League. 08-38
T. It was recommended to cancel the August 12, 2008 special City Council meeting
PUBLIC HEARINGS
There were no public hearings.
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT
City Administrator Hedges introduced this item regarding a planned development amendment to allow the addition
of a reader board to an existing pylon sign for the Valvoline Instant Oil Change at 1180 Yankee Doodle Road.
City Planner Ridley gave a staff report.
Mark Gilbertson, representing Valvoline, discussed the text size for the proposed signage.
It was the consensus of the Council to allow three rows of 8 inch text on the reader board.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow the addition of a reader board to an existing pylon sign for the Valvoline Instant Oil Change
at 1180 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 11"' Addition, 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. Recording the Agreement must be completed prior to
issuance of any sign permit.
2. Sign permits must be obtained prior to replacing the existing signage or adding a reader board to the
pylon sign. All other required permits will be applied for.
3. The pylon sign is limited to 76 square feet in area and shall not be moved from its current location. The
message board shall have characters no less than eight (8) inches in height, per City Code. All other City
Code requirements shall be met.
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August 4, 2008
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CONDITIONAL USE PERMIT AND VARIANCE
City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outside storage and a
Variance to side yard pavement setbacks to permit a shared driveway upon Lot 2, Block 1, Lundberg Addition.
City Planner Ridley gave a staff report.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to
allow outside storage upon Lot 2, Block 1, Lundberg Addition, located in the NE 1/4 of Section 8, subject to the
following conditions: Aye: 5 Nay: 0
1. The property shall be subdivided and platted prior to issuance of the Conditional Use Permit
2. This Conditional Use Permit pertains only to proposed Lot 2, Block 1, Lundberg Addition.
3. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City
Council.
4. Outdoor storage shall be limited to 20 trailers as depicted on the Site Plan dated July 1, 2008.
5. All trash and recyclables containers shall be stored inside the building, or within an enclosure constructed
consistent with the provisions in the City Code.
6. The exterior building finish materials shall be modified to achieve compliance with the architectural
standards ordinance.
7. A revised Site Lighting Plan shall be required at the time of building permit. The plan shall be revised to
provide additional light in the rear outdoor storage area. The Site Lighting Plan shall be provided in a
full-size to-scale format, and specifications for the fixtures shall be included.
8. The rain gardens shall be installed according to the guidance of the MN Pollution Control Storm Water
Manual, and overseen and inspected by City staff at time of installation.
9. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney,
providing for the long-term maintenance of the rain gardens.
10. Prior to issuance of a building permit, the means and methods by which the developer satisfies all City
water quality requirements shall be reviewed by and be acceptable to City Engineering and Water
Resources staff.
11. This development shall achieve no net increase of Total Phosphorus (TP) and Total Suspended Solids
(TSS) loading or meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is
more restrictive.
12. This development shall infiltrate or retain the first one-half inch of stormwater runoff from any rainfall
event from: 1) new impervious areas of redevelopment activities and 2) the entire site of new
development activities.
13. This development shall pay cash in lieu of on-site treatment for all portions of the parcel that do not
satisfy water quality requirements, at the discretion of the City.
14. An ingress/egress easement, in a form acceptable to the City Attorney, shall be executed and recorded
prior to the issuance of a building permit.
15. The Landscape Plan shall be modified to clearly identify, both graphically and within the legend, which
trees are for mitigation purposes, and which are for landscaping.
16. Additional landscaping shall be provided around the transformer to fully screen it from views from off the
property.
17. The Landscape Plan shall be signed by a registered landscape architect or certified nurseryperson.
18. A Tree Mitigation Plan satisfactory to the City Forester shall be required at the time of building permit.
19. A financial guarantee for the mitigation shall be submitted with the building permit application. The
amount of the guarantee is to be determined by the City Forester, in compliance with the stipulations in
the City's tree preservation ordinance.
20. The chain link sections of fence shall have slats installed to provide screening of the outdoor storage area.
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August 4, 2008
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Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Variance to side yard
pavement setbacks to permit a shared driveway upon Lots 1 and 2, Block 1, Lundberg Addition, located in the NE
1/4 of Section 8, subject to the following conditions: Aye: 5 Nay: 0
1. The property shall be subdivided and platted prior to the effectiveness of the Variance.
2. This Variance pertains to both proposed Lots 1 and 2, Block 1, Lundberg Addition.
3. 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.
4. An ingress/egress easement, in a form acceptable to the City Attorney, shall be executed and recorded prior to
the issuance of a building permit.
REZONING - CITY OF EAGAN
City Administrator Hedges introduced this item regarding the termination of the Gift of Mary Planned
Development and a rezoning from Planned Development to Agriculture for approximately 33 acres for property
located at 510 Lone Oak Road. City Planner Ridley gave a staff report.
Councilmember Bakken moved, Councilmember Hunter seconded a motion to approve the termination of the Gift
of Mary Planned Development for property legally described as Lot 1, Block 1, Gift of Mary, located at 510 Lone
Oak Road. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a rezoning from Planned
Development to Agriculture for approximately 33 acres legally described as Lot 1, Block 1, Gift of Mary, located at
510 Lone Oak Road. Aye: 5 Nay: 0
The regular City Council meeting was recessed at 7:23 p.m. to immediately convene a meeting of the Economic
Development Authority.
The regular City Council meeting was reconvened at 7:35 p.m.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
1. Consideration of authorizing serving of alcoholic beverages until 4:00 a.m. during the Republic National
Convention.
Rick Casper, owner of Casper's Sirloin Restaurant discussed the possibility of staying open later than
normal during the Convention.
Discussion was held regarding fees to be charged for the extra two hours the liquor establishments could
remain open. Councilmembers agreed not to add an extra fee to the liquor license, however require that
food be available during the extra hours.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff and the City
Attorney to draft an ordinance amendment regarding a 4:00 a.m. closing for on-sale liquor license
holders during the Republican National Convention.
2. Rescheduling of September 9 Special City Council meeting.
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August 4, 2008
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Councilmember Bakken moved, Councilmember Fields seconded a motion to reschedule the September 9
Special City Council meeting to Thursday, September 11 due to the Primary Election.
3. Schedule public hearing for Ecumen Centennial House Expansion.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a resolution calling
for a Public Hearing on September 2, 2008 to consider issuing tax exempt bonds on behalf of the Ecumen
Centennial House expansion project in Apple Valley.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Hunter moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:15 p.m.
Administrative Secretary / Deputy City Clerk Date