06/06/2006 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 6, 2006
A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present
were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to
be heard.
A regular meeting of the Eagan City Council was held on May 16, 2006 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were
City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom
Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
CONSENT AGENDA
Councilmember Maguire pulled items D, E, and I for discussion.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the balance of the consent
agenda. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the May 9, 2006 special City Council meeting
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and the May 16, 2006 regular City Council meeting as presented
B. Personnel Items.
1. It was recommended to appoint Deputy Chief McDonald as Acting Chief of Police effective May
27, 2006.
2. It was recommended to approve the hiring of Natalie Jones and Emily Thorkildson as part-time
seasonal recreation leaders.
3. It was recommended to approve the hiring of Michelle Finlon, Kelley Hammond, Elizabeth
Anderson, Andrew Johnson and Laura Farlee as part-time seasonal recreation assistants.
4. It was recommended to approve the hiring of Judith Forde, Jackie Carlson, Joan Rodgers, Pamela
Clarke-Garcia and Barb Mason as part-time seasonal preschool teachers.
5. It was recommended to approve the hiring of Sandy Kukulski as a part-time seasonal preschool
assistant.
6. It was recommended to approve the hiring of Amber Geske as a part-time seasonal puppet wagon
site coordinator.
7. It was recommended to approve the hiring of Jeffrey Brooker, Elise Chell, Gordon Dentinger,
Tim Dornseif, Patrick Flannigan, Stephen Foertsch, Jesse Guillette, Christopher Hoffman, Brian
Hopkins, Micharl Hopkins, Tori Johnson, Cassy Lenz, Jake Loesch, Peter McIlhon, Nicolas
Mestad, Brina Meyers, Steve Nelson, Tricia Nutters, Brian Polkowski, Bryon Seppamaki, Daniel
Streefland, Matthew Steele, Aaron Vermer, Tyler VonDelinde, David Jungers, Marcia Weitzel,
Jacob Loesch, Robert Rausch, Andrew Koppang, Megan Grouws, Luke Selby, Richard Lemay,
Adam Nelson, Frank Kocer, Joseph Carchedi, Kevin Stevenson, Ryan Newmann, Kevin Weber,
Jacob Krinhop, Geoff Cleveland, David Streefland and Lindsey Carlson as seasonal parks
maintenance workers.
8. It was recommended to approve the hiring of Michael Graves, David Tripp, Alec Graham,
William Boyd and Matt Smith as seasonal utilities maintenance workers.
9. It was recommended to approve the hiring of Catherine Ayers, Brandon Hughson and Tyler
Olson as seasonal GIS interns in Utilities.
10. It was recommended to approve revisions to the Leave of Absence Policy as presented.
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June 6, 2006
Page 2
11. It was recommended to approve the RFP for Health Insurance Coverage for 2007 as presented.
C. Check Registers. It was recommended to ratify the check registers dated May 18, 2006, May 25, 2006
and June 1, 2006 as presented.
D. Pulled for discussion. Parade Permit.
E. Pulled for discussion. Shows License.
F. Amusement Device License. It was recommended to approve an Amusement Device License for Namco
Cybertainment, Inc.
G. Classification of Tax Forfeited Property. It was recommended to declare the following parcels as non-
conservation land:
1. 10-22750-010-00 (Eden Addition Outlot A)
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2. 10-22451-241-01 (Eagan metro Center 2 Addition Shannon Glen Condo No. 1, Garage #68)
H. Off-Sale Liquor License for Black Diamond Liquor, LLC, dba Black Diamond Liquor, 525 Diffley Road,
Suite 1030.
I. Pulled for Discussion. Temporary 3.2 Percent Malt Liquor License.
J. Temporary On-Sale Liquor License. It was recommended to approve a Temporary On-Sale Liquor
License for Faithful Shepherd Catholic School and Waive $150 Fee.
K. Precinct 5 Polling Place. It was recommended to approve a resolution establishing Mount Calvary
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Lutheran Church, 3930 Rahn Road, as the new polling place for Precinct 5.
L. Airport Noise Study. It was recommended to approve the hiring of Orfield Laboratories, Inc. to conduct
the second phase of the airport noise study.
M. 5 Year Capital Improvement Plan (2007-2011). It was recommended to approve the 5-year Capital
Improvement Plan for 2007-2011 and authorize the initiation of the public improvement process for the
2007-programmed improvements.
N. Project 934. It was recommended to approve an agreement with Dakota County for Engineering and
Construction for Project 934 (Galaxie Avenue/Blackhawk Road at Cliff Road ? Intersection
Reconfiguration) and authorize the Mayor and Deputy City Clerk to execute all related documents.
O. Project 768. It was recommended to authorize the preparation of detailed plans and specifications for
Project 768 (Northwood parkway, Ring-Road Extension ? Bridge and Street Improvements) and the
associated contract with SRF Consulting Group, Inc.
P. Negotiations for Property Acquisition. It was recommended to authorize negotiations by City staff for
acquisition of property located within Yankee Plaza Addition as identified in Eagan Right of Way Map
No. 669-2 (Official Map of Duckwood Drive ? Ring Road Concept).
Q. Contract 06-02. It was recommended to approve Change Order No. 2 to Contract 06-02 (Citywide ?
Street and Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
R. Airport Relations Commission. It was recommended to appoint ARC alternate Steve Beseke to a one-year
term on the ARC to fill the vacancy that resulted from the resignation of ARC member Dan Flanagan.
S. Easement Vacation. It was recommended to receive the petition to vacate a portion of public right-of-way
(Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and schedule a public hearing
to be held on July 5, 2006.
T. Rosemount Comprehensive Guide. It was recommended to approve comments to the City of Rosemount
regarding the Comprehensive Guide Plan Amendment for properties located on Highway 3.
U. Special City Council meetings for July 11 and August 8 cancelled and replaced with special meetings on
August 22 and 29. The regular council meeting for September 19 was changed to September 26.
D. Parade Permit. Maguire questioned the difference in charges for parade entries. It was noted that State
Statute regulates fees for political entries. Council requested that the Lions Club review their policies for
future years.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve items D, E, and I.
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E. Shows License. Approved a Shows License for the Eagan Lions / July 4 Funfest to hold a carnival, street
dance, food vendors and fireworks event on July 3-4, 2006.
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I. Temporary Liquor License. Approved the temporary 3.2 percent malt liquor license for the Eagan Lions
Club for the Fourth of July celebration (July 3-4, 2006) and waive the $25 license fee.
2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT
City Administrator Hedges introduced Matt Mayer of Kern, DeWenter, Viere, Ltd. who made a presentation
regarding the 2005 Comprehensive Annual Financial Report.
Councilmember Maguire moved, Councilmember Carlson seconded a motion to receive and accept the 2005
Comprehensive Annual Financial Report. Aye: 5 Nay: 0
PUBLIC HEARINGS
SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT AND
TAX INCREMENT FINANCING PLAN
City Administrator Hedges introduced this item regarding a redevelopment plan for Southeast Eagan
Redevelopment Project Area No. 1. Community Development Director Hohenstein gave a staff report. Sid Inman,
Elhers and Associates, provided an overview of the proposed Tax Increment Financing District.
Mayor Geagan opened the public hearing.
Betty Fedde, 1662 Norwood Drive, suggested that Council consider if the City can really afford the investment of
the proposed TIF district.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing and direct
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findings of fact to approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment
Project Area No. 1, a Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and
a Resolution Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0
VARIANCE TO EXCEED LOT COVERAGE AT 4387 BENT TREE LAND
TODD AND SUSAN JOHNSON
City Administrator Hedges introduced this item regarding a request for a Variance to exceed 20 percent lot
coverage by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane. Community
Development Director Hohenstein gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council. Aye: 5 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance from the 20
percent maximum building coverage standard in Residential zoning districts for construction of a 342 square foot
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addition located at 4387 Bent Tree Lane (Lot 3, Block 1, Autumn Ridge 2 Addition) in NE ¼ of Section 25;
subject to the following conditions: Aye: 5 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. The finish materials and color of the addition shall match the existing principle structure.
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3. The addition shall be located as indicated on the site plan dated May 15, 2006.
4. Lot coverage shall not exceed 21.26 percent.
VARIANCE
City Administrator Hedges introduced this item regarding a request for a 2.5% variance to the maximum 20% lot
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coverage requirement for Lot 11, Block 2, Stoney Point 2 Addition at 1566 Lakeview Curve for the purpose of
reconstructing an addition to the home. Community Development Director Hohenstein gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember moved, Councilmember seconded a motion to approve a 2.5% Variance to the maximum 20% lot
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coverage requirement for Lot 11, Block 2, Stoney Point 2 Addition at 1566 Lakeview Curve for the purpose of
reconstructing an addition to the home; subject to the following conditions: Aye: 5 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. The addition shall not exceed the size shown on the proposed site plan.
3. The exterior materials of the proposed addition shall match the existing structure.
PROJECT 778, TH 149 ? STREET UPGRADE
City Administrator Hedges introduced this item regarding the Environmental Assessment / Environmental
Assessment Worksheet on the street upgrade for Trunk Highway 149. Public Works Director Colbert gave a staff
report. Kevin Oglund, SEH, made a presentation highlighting the key staging and scheduling points.
Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the
Council.
Councilmembers discussed the proposed upgrade.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to receive comments and close the
public hearing on the Environmental Assessment/Environmental Assessment Worksheet for Project 778 (Trunk
Highway 149 ? Street Upgrade). Aye: 5 Nay: 0
PROJECT 938, NICOLS ROAD ? SIDEWALK IMPROVEMENTS
(PIN OAK DRIVE TO CLIFF ROAD)
City Administrator Hedges introduced this item regarding sidewalk improvements for Project 938, Pin Oak Drive
to Cliff Road. Traffic Engineer Tim Plath gave a staff report.
Mayor Geagan opened the public hearing.
Rick Casper, Casper?s Sirloin Room, discussed pedestrian safety issues in regard to the sidewalk being constructed
on the west side of Nichols Road.
Phil Stallberger, a signer of the original petition, stated he felt a sidewalk is definitely needed in the area.
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June 6, 2006
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There being no further public comment, Mayor Geagan closed the hearing and turned discussion back to the
Council.
Council consensus was to continue consideration of the sidewalk improvements to allow staff time to include an
option for sidewalks on the east side of Nichols Road.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of Project
938, (Nicols Road, Pin Oak Drive to Cliff Road Sidewalk Improvements) to July 18, 2006.
Aye: 5 Nay: 0
OLD BUSINESS
COMPREHENSIVE LAND USE PLAN AMENDMENT ? CITY OF EAGAN
City Administrator Hedges introduced this item regarding an amendment to the Comprehensive Guide Plan for
approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD ? Low Density to HD ? High Density
Residential which was continued from the May 2, 2006 meeting. Community Development Director Hohenstein
gave a staff report.
After discussion of various options for the property, it was the consensus of the Council to leave the property zoned
as Low Density Residential.
No action was taken.
REPORT REGARDING THE RESOLUTION OF THE BLACKHAWK ROAD-RAPTOR
ROAD TRAIL EASEMENT
City Administrator Hedges introduced this item regarding the trail easement dispute between the Jacob Ingalls,
owner of a single-family lot adjacent to the Greyhawk subdivision and the Greyhawk Townhome Association
which was previously discussed at the April 18, 2006 Council meeting. Community Development Director
Hohenstein stated that the City Attorney had asked for an update from the parties but no updates have been
recieved.
Nichole Whipple, President of Homeowners Association stated there has been no progress in resolving the dispute.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to proceed with the acquisition of a trail
easement at the current trail location through eminent domain. Aye: 5 Nay: 0
WINTER TRAIL MAINTENANCE PROGRAM (2006-2007)
City Administrator Hedges introduced this item regarding proposed amendments to the 2006-2007 winter tail
maintenance program. Public Works Director Colbert discussed the proposed amendments.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the requested amendments
to the Winter Trail Maintenance Program for 2006-2007 except for the portion on the north side of Yankee Doodle
Rd from Lexington Avenue to Elrene Road. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT ? MOE?S SOUTHWEST GRILL
City Administrator Hedges introduced this item regarding a conditional use permit to allow on-sale beer and wine
in conjunction with a restaurant at 1282 Town Centre Drive. Community Development Director Hohenstein gave
a staff report.
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Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
allow on-sale beer and wine in conjunction with a restaurant at 1282 Town Centre Drive (Town Centre Shopping
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Center), legally described as Lot 2, Block 1, Town Centre 70 2 Addition, in the NW ¼ of Section 15, subject to
the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder?s Office within 60 days
of approval.
2. On-sale beer and wine sales shall comply and be operated in accordance with all relevant state laws
and regulations.
ON-SALE WINE, SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR LICENSE FOR
BA-OCK, INC., dba MOE?S SOUTHWEST GRILL, 1281 TOWN CENTRE DRIVE
City Administrator Hedges introduced this item regarding a request for a On-Sale Wine, Sunday Wine and 3.2
percent malt liquor license for Moe?s Southwest Grill located at 1281 Town Centre Drive. Community
Development Director Hohenstein gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the On-Sale Wine, Sunday
Wine and 3.2 percent malt liquor license for BA-OCK, Inc., dba Moe?s Southwest Grill, 1281 Town Centre Drive.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT ? JOE KOHAUT (VIVA ITALIA)
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an outside
dining patio in conjunction with a Class I restaurant (Viva Italia) at 1629 Lena Court. Community Development
Director Hohenstein gave a staff report.
Craig Kelsner, adjacent property owner, expressed concern over increased noise if tables are allowed outside the
building. He requested that if the outdoor tables are allowed that no audio be allowed and access be limited to the
side door only and not the back door to help eliminate noise from restaurant staff.
The manager of Viva Italia discussed the proposed outside dining patio and parking issues. He indicated that there
would be no audio system outdoors and access to the restaurant would be limited to the side door only.
Councilmember Carlson moved, Councilmember seconded a motion to approve a Planned Development
Amendment to allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court, legally
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described as Lot 1, Block 1, Centennial Ridge 2 Addition, in the NW ¼ of Section 28, subject to the following
conditions: Aye: 4 Nay: 1 (Geagan opposed)
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder?s office.
2. Additional parking will be required to be installed if overflow parking goes to public streets, pervious
surfaces or other private property. At that time, additional stalls shall be identified from among the
proof of parking stalls as identified on the 9/28/04 site plan. To maximize the effectiveness for cross
easements for parking, no signs designating parking for particular businesses within the development
will be permitted.
3. The operation of the restaurant and outside dining shall comply and be operated in accordance with
all relevant state laws and regulations regarding on-sale liquor.
4. The outdoor dining area shall be enclosed with a wrought iron fence and gate, accessible from inside
the building. The fence and gate shall be similar to the existing fence on the south side of the
building.
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June 6, 2006
Page 7
5. Patio lighting shall be provided by light caps on the fencing and table-top lights. Details about the
light caps and table-top lights shall be provided for incorporation into the PD Amendment
Agreement.
6. The awning shall be of a color to blend in with the brick exterior of the building. No signage shall be
allowed on the awning.
7. Only seven tables allowed and Outdoor tables are not permitted south of the service door.
8. No audio or music will be allowed outside the building.
CONDITIONAL USE PERMIT ? SHAW INDUSTRIES
This item was continued to the June 20, 2006 Council meeting with the adoption of the agenda.
PRELIMINARY SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 19)
LARSON PROPERTIES
City Administrator Hedges introduced this item regarding a preliminary subdivision to create two lots upon 3.79
acres located at 3000 Denmark Avenue. Community Development Director Hohenstein gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to
create two lots upon 3.79 acres located at 3000 Denmark Avenue, legally described as Lot 1, Block 2, Eagandale
Center Industrial Park No. 9, in the NE ¼ of Section 10, 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, B1, and B3, C4, D1, and E1. The property shall be platted.
2. A final Planned Development approval and Agreement will be required prior to development of Lot
1.
3. Should the existing landscaping along Lone Oak Road be removed in the future, the hotel shall install
some other landscape materials for screening purposes within the remaining 5? setback area between
the parking lot and pubic right-of-way.
4. The pylon sign shall be relocated so that the pylon sign is located on Lot 2 and satisfies the minimum
10-foot setback prior to final subdivision approval.
5. An easement and shared sign agreement that is acceptable to the City Attorney, shall be executed
prior to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon
sign once Lot 1 develops.
6. A pedestrian trail connection from the development to the sidewalk on Lone Oak Road shall be
provided.
7. The developer shall provide evidence of private ingress/egress easement, in a form acceptable to the
City Attorney, between Lots 1 and 2 providing for this shared access to Denmark Avenue prior to
final subdivision approval.
8. This development shall dedicate public right-of-way along Lone Oak Road and Lexington Avenue, as
required by Dakota County.
9. This development shall dedicate restricted access to Dakota County along the entire north and west
edges of the plat adjacent to Lone Oak Road and Lexington Avenue.
ADMINISTRATIVE AGENDA
City Administrator Hedges noted that an Executive Session would be necessary to discuss litigation regarding
Kevin Mellon vs. City of Eagan; Diffley Market Place vs City of Eagan; Carriage Hills Update; and a matter
concerning EDA for the acquisition of the Lyn Nelson property.
Public Works Director Colbert stated Dakota County will host an Open House on Tuesday, June 20, 2006 from
3:30 pm to 6:30 pm in the Atrium of the County?s Western Service Center in Apple Valley to provide citizens an
opportunity to learn more about current traffic conditions along the Cedar Ave. corridor and about the Bus Rapid
Transit (BRT) system and highway improvements being considered.
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June 6, 2006
Page 8
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Councilmember Maguire suggested that staff work with the 4 of July Committee on policy changes for parade fees
for next year.
Councilmember Maguire provided an update from the Public Works Committee ? Window Signage Task Force
Committee, stating that recommendations will be forwarded to the Advisory Planning Commission and a Council
workshop.
VISITORS TO BE HEARD
Barb and Ron Miller provided Council with a list of possible ordinance violations by Richfield Blacktop located at
3206 Sibley Memorial Highway, adjacent to their property. They discussed their concerns regarding noise and
fumes from the property. They requested that the Conditional Use Permit for the property be reviewed. Council
directed staff to investigate the possible ordinance violations.
Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council
meeting at 10:25 p.m. Aye: 5 Nay: 0
_______________________________ ___________________________________
Date Administrative Secretary / Deputy City Clerk
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
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facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.