10/01/2002 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 1, 2002
A regular meeting of the Eagan City Council was held on Tuesday, October 1, 2002 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley.
Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom
Colbert, City Attorney Mike Dougherty and Recording Secretary Camille Worley.
AGENDA
City Administrator Hedges noted the addition of items 2 through 5 under Personnel Items of the Consent
Agenda; and that item Y of the Consent Agenda is being continued until October 15, 2002.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the September 17, 2002 regular City Council
meeting as presented.
B. Personnel Items.
1. It was recommended to accept the letter of resignation from Dispatcher Eileen Zimmerman.
2. It was recommended to accept the letter of resignation from Paul Teicher, utility maintenance
worker (water production).
3. It was recommended to approve the hiring of Joseph DeGrand as a custodian/maintenance
worker.
4. It was recommended to authorize the position of Building Maintenance Engineer/Community
Center and advertisement of the position.
5. It was recommended to approve the labor Agreement between the City and Law Enforcement
Labor Services, Inc. (Local #170) Eagan Police Officers.
C. Check Registers. It was recommended to ratify the check registers dated September 19, 2002 and
September 26, 2002 as presented.
D. Exempt Permit. It was recommended to approve an Exempt Permit for Burnsville Rotary Club to hold
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a raffle at 2280 Cliff Road on December 7, 2002.
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E. Exempt Permit. It was recommended to approve an Exempt Permit for faithful Shepherd Catholic
School for a raffle to be held at 3355 Columbia Drive, January 25, 2003.
F. Joint Airport Zoning Board. It was recommended to approve comments regarding the Joint Airport
Zoning Board.
G. Indemnification Agreement. It was recommended to approve a final Indemnification Agreement for
MSP Joint Airport Zoning Board.
H. Surplus Property. It was recommended to declare 1988 LeeBoy Paver/Grinder as surplus property to
be sold at auction.
I. Election Judges. It was recommended to approve the list of Election Judges and the list of student
judges from Burnsville High School for the November 5, 2002 General Election.
J. Delinquent False Alarm Bills. It was recommended to set a public hearing for November 7, 2002 to
certify delinquent false alarm bills.
K. Delinquent Weed Cutting Bills. It was recommended to set a public hearing for November 7, 2002 to
certify delinquent weed cutting bills.
L. Delinquent Board Up Service Bills. It was recommended to set a public hearing to certify delinquent
board up service bills.
M. Delinquent Utility Bills. It was recommended to set a public hearing for November 7, 2002 to certify
delinquent utility bills.
N. Insurance Renewal. It was recommended to approve 7-1-02 to 6-30-03 general insurance renewal.
O. Change Order. It was recommended to approve Change Order No. 2 for Contract 01-15B (Community
Center ? Site Improvements).
P. Agreement. It was recommended to approve an agreement with AT&T Broadband for Project 866
(Cedar Grove Redevelopment ? Streetscaping).
Eagan City Council Meeting Minutes
October 1, 2002
Page 2
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Q. Easement Vacation. It was recommended to approve a resolution revising legal description of
Easement Vacation (Kennebec Drive).
R. Extension for Recording CUP. It was recommended to approve an extension for recording the
Conditional Use Permit for Eagan Tire and Auto Service.
S. Extension for Recording CUP. It was recommended to approve an extension for recording the
Conditional Use Permit for Wal-Mart.
T. Comp Guide Amendment. It was recommended to continue consideration of a Comprehensive Guide
Amendment Special Area No. 7, Blue Cross Blue Shield of Minnesota.
U. Comp Guide Amendment. It was recommended to approve a Comprehensive Guide Amendment and
Rezoning from Roadside Business to Planned Development and Preliminary Subdivision (Grayhawk
Addition) ? Mark Gergen and Associates.
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V. Eagan Heights Townhomes 3 Addition. It was recommended to approve a Comprehensive Guide
Amendment, Preliminary Planned Development and Preliminary Subdivision (Eagan Heights
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Townhomes 3 Addition) ? Diedrich Builders.
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W. Final Plat. It was recommended to approve the final plat of Forest View Addition ? Thorson Homes.
X. Final Planned Development. It was recommended to approve a final planned Development ? Sabongi
consulting Group, Inc. for Lot 1, Block 1, Honey Tree Addition.
Y. Final Subdivision and Final Planned Development. It was recommended to continue consideration of
a Final Subdivision and Final Planned Development ? Cedar Villas, Shelter Corporation.
Z. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor
license for Faithful Shepherd Catholic School for a fundraiser to be held on January 25, 2003.
AA. Agreement. It was recommended to approve a Resolution and sign an Agreement allowing Eagan
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Police Officers to assist the Minneapolis Police Department with security at the International
Association of Chiefs of Police Conference.
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BB. Proclamation. It was recommended to approve a Proclamation for Minnesota Manufacturers /
Technology Week.
CC. Change Order. It was recommended to approve a Change Order for the Eagan Community Center.
DD. Zoning Ordinance. It was recommended to approve a summary of the Zoning Ordinance for
publication.
EE. Change Order. It was recommended to approve change orders for citywide radio system upgrade.
FF. Extension. It was recommended to approve an extension of time to complete landscape improvements
-- Best Brands Corp.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the consent
agenda. Aye: 5 Nay: 0
PUBLIC HEARINGS
VARIANCE ? RYAN RUZEK
City Administrator Hedges introduced this item regarding a Variance request of two feet to the required
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five foot side yard building setback to build a cover for existing pool equipment on Lot 7, Block 1, Stoney Point 2
Addition, located at 3626 Lakeview Trail. Senior Planner Ridley gave a staff report.
Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing
and turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance request
of two feet to the required five foot side yard building setback to build a cover for existing pool equipment on Lot 7,
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Block 1, Stoney Point 2 Addition, located at 3626 Lakeview Trail in the SE ¼ of Section 16. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an easement
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vacation at 3626 Lakeview Trail in the SE ¼ of Section 16. Aye: 5 Nay: 0
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October 1, 2002
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PROJECT 853, FINAL ASSESSMENT HEARING
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WOODGATE 1 ADDITION ? STREET OVERLAY
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City Administrator Hedges introduced this item regarding the final assessment roll for Woodgate 1
Addition street overlay. Public Works Director Colbert gave a staff report.
Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing
and turned discussion back to the Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the final assessment
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roll for Project 853 (Woodgate 1 Addition ? Street Overlay) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
PROJECT 855 FINAL ASSESSMENT HEARING
TH
OAK CHASE 6 ADDITION/ CHES MAR EAST ? STREET OVERLAY
City Administrator Hedges introduced this item regarding the final assessment roll for Project 855 Oak
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Chase 6 Addition / Ches Mar East street overlay. Public Works Director Colbert gave a staff report.
Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing
and turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment
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roll for Project 855, Oak Chase 6 Addition / Ches Mar East Street Overlay and authorize its certification to Dakota
County for collection. Aye: 5 Nay: 0
PROJECT 854 FINAL ASSESSMENT HEARING
PARKCLIFF ADDITIONS ? STREET OVERLAY
City Administrator Hedges introduced this item regarding the final assessment roll for Project 854,
Parkcliff Additions ? Street Overlay. Public Works Director Colbert gave a staff report. It was noted that a letter of
objection from one property owner was included in the packet.
Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing
and turned discussion back to the Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the final assessment
roll, excluding Parcel ID No. 10-5670-030-01, for Project 854, Parkcliff Additions street overlay and authorize its
certification to Dakota County for collection; and to authorize re-notification of a final assessment public hearing for
Project 854 for Parcel ID No. 10-5670-030-01 on November 7, 2002. Aye: 5 Nay: 0
PROJECT 796 FINAL ASSESSMENT HEARING
CEDAR CLIFF/MARI ACRES STREET OVERLAY
City Administrator Hedges introduced this item regarding the final assessment roll for Project 796, Cedar
Cliff/Mari Acres street overlay. Public Works Director Colbert gave a staff report.
Mayor Awada opened the public hearing.
Curtis E. Hoffman stated he sent a letter dated September 23, 2002 to the City expressing his objection to
this item. Mr. Colbert confirmed that the letter was included in the Council?s packet. When Mayor Awada asked Mr.
Hoffman if there was anything else he wanted to add, he declined stating that the letter covered his concerns.
There being no further public comment, she closed the public hearing and turned discussion back to the
Council.
Eagan City Council Meeting Minutes
October 1, 2002
Page 4
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment
roll for Project 796, Cedar Cliff / Mari Acres street overlay and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
OLD BUSINESS
CONDITIONAL USE PERMIT ? WAJCO, INC.
Mayor Awada moved, Councilmember Bakken seconded a motion to continue consideration of the
Conditional Use Permit for Wajco., Inc. until October 15, 2002. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT AND VARIANCE
DOUG AND TRACEY PETESCH
City Administrator Hedges introduced this item regarding a conditional use permit to exceed the 25 percent
shoreland impervious surface coverage and a variance to exceed the 20 percent single-family residential building lot
coverage on Lot 26, Block 1, Lakeview Trail Addition, located at 664 McFaddens Trail. Senior Planner Ridley gave
a staff report.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a conditional use
permit to exceed the 25 percent Shoreland impervious surface coverage on property located at 664 McFaddens Trail
in the NW ¼ of Section 36 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 an 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. In any case where a conditional use has not been established within one year of the date on which the
conditional use permit was granted, the permit shall be null and void. If the conditional use is
discontinued for six months, the conditional use permit shall be null and void.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to exceed
the 20 percent single-family residential building lot coverage on Lot 26, Block 1, Lakeview Trail Addition, located
at 664 McFaddens Trail in the NW ¼ of Section 36. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT
APPRO DEVELOPMENT, INC.
City Administrator Hedges introduced this item regarding a Planned Development Amendment to erect a
pylon sign on Lot 1, Block 2, Olson Burger Addition, located at 3235 Denmark Avenue. Senior Planner Ridley
gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to erect a pylon sign on Lot 1, Block 2, Olson Burger Addition, located at 3235 Denmark
Avenue in the SW ¼ of Section 10 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 of the Agreement must be completed
prior to issuance of a sign permit.
2. A landscape plan shall be submitted for staff review and approval prior to issuance of the sign permit
that includes a landscape bed around the base of the sign.
3. A sign permit must be obtained prior to installation of the pylon sign.
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October 1, 2002
Page 5
4. The pylon sign shall be set back at least 10 feet from all property lines, and shall not exceed 27 feet in
height or 125 square feet in sign face area.
INTERIM USE PERMIT ? JAMES OBERG
City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow
outdoor storage on property located south of Red Pine Lane between Highway 3 and Biscayne Avenue. Senior
Planner Ridley gave a staff report.
Councilmembers and the applicant, James Oberg, discussed the material to be used on the driveway and
storage area and the proposed length of the interim use permit. Mayor Awada stated she was not in favor of the
permit being approved for two years. Other Councilmembers commented on the advantages of having the area
cleaned up and the transitional nature of the storage.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use
Permit to allow outdoor storage on property located south of Red Pine Lane between Highway 3 and Biscayne
Avenue in the SE ¼ of Section 26 subject to the following conditions: Aye: 4 Nay: 1 Mayor Awada opposed.
1. The permit shall terminate upon the earlier of development of the property or October 1, 2004. 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.
2. The applicant shall apply for and obtain a grading permit for the proposed site preparation work prior
to commencement of any grading activity.
3. All site grading improvements shall be constructed outside the existing drainage easements on the site
and should not interfere with existing drainage patterns on the site or within Gun Club Road right-of-
way.
4. A minimum 30-foot undisturbed buffer shall be maintained from the delineated edge of the wetland.
Erosion control shall be established and maintained in compliance with the recently adopted erosion
control ordinance.
5. The proposed storage shall be located so that it does not encroach into any wooded areas, and no
significant trees shall be removed to accommodate the proposed outdoor storage The wooded areas
shall be accurately identified on the plans for grading permit and protected from grading activities in
accordance with the required protection measures in the City Code.
6. The existing driveway shall be graded and resurfaced along with the storage area.
7. This Interim Use Permit pertains only to the vehicles, trailers, and construction equipment,
specifically, four trailers, four pieces of equipment and 40 pallets for parts.
8. All vehicles stored on the property must be currently licensed and operable, and all equipment must be
in good repair.
9. All refuse items shall be removed from the property and disposed of properly by October 31, 2002 and
the remaining items shall be placed in a storage area by November 31, 2002.
PLANNED DEVELOPMENT AMENDMENT
A.B. SYSTEMS, INC.
City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend
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the use of Lot 2, Block 1, Oak Cliff 9 Addition from a liquor store to a 15,000 square foot two story corporate
office building, located south of Super America and east of Royal Cliff on Slater Road. Senior Planner Ridley gave
a staff report.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Planned
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Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9 Addition from a liquor store to a 15,000
square foot two story corporate office building, located south of Super America and east of Royal Cliff on Slater
Road in the NW ¼ of Section 31 subject to the following conditions. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
October 1, 2002
Page 6
1. The developer shall enter into a Planned Development Agreement with the City. The following exhibits
are required for the Planned Development Agreement:
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Site Plan
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Building Elevations
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Landscape Plan
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Site Lighting Plan
2. All building, parking/drive aisles, and landscaped areas shall be properly maintained.
3. All site signage shall comply with City Code requirements.
4. A revised landscape plan shall be submitted for incorporation into the Final Planned Development
Agreement, and shall be subject to approval by City staff. The revised landscape plan shall be signed by
a registered landscape architect, and planting details shall be provided. A different shrub material shall
be utilized along Slater Road to better screen the parking areas.
5. All exterior site lighting shall be shielded and directed to deflect light away from adjacent properties and
rights-of-way, and so that the source of light is not visible from off the site. If exterior lighting is utilized
for the ground sign, it also shall be shielded so the source of light is not visible from off the site, and
directed so that the light shines only on the sign.
6. All rooftop mechanical equipment shall be screened from view of all public rights-of-way and the private
street bordering the property to the north.
7. A private access easement shall be prepared by the applicant and reviewed and approved by the City
Attorney prior to issuance of a building permit.
8. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting)
shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of
significant trees/woodlands to be preserved on-site.
9. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at
least five days prior to the issuance of the grading permit, or commencement of construction activity, to
ensure compliance with the approved Tree Preservation Plan and proper placement of the Tree Protection
Fencing.
10. This development shall be responsible for a cash park and trail dedication at the time of building permit
issuance, at the rates then in effect.
ADJOURNMENT
The cable broadcast portion of the meeting was concluded at 7:35 and ?Visitors to be Heard? was opened.
There being no public comment, the Council meeting was adjourned at 7:35 pm.
_____________________________ ___________________________________
Date Deputy City Clerk
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