08/06/2002 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 6, 2002
A regular meeting of the Eagan City Council was held on Tuesday, August 6, 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 Engineer Russ Matthys, City Attorney Bob Bauer and Administrative Secretary/Deputy Clerk Mira
McGarvey.
AGENDA
Mayor Awada noted that Item B under Old Business regarding the Joint Airport Zoning Board has been
pulled from the Agenda.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Bakken requested that Item A ? Minutes, be pulled for discussion.
City Administrator Hedges requested that Item F regarding a premises permit be continued for further clarification;
Item J regarding a change order for Central Park Pavilion be pulled from the agenda; and Item O regarding
Contract 02-17 be pulled for discussion.
Councilmember Carlson moved, Councilmember Tilley 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 July 16, 2002 regular City council
meeting, the July 16, 2002 special City Council meeting and the July 26, 2002 special City Council
meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Brandon Widstrom as a seasonal park
maintenance worker.
2. It was recommended to accept the letter of resignation from Cynthia Kirchoff, Planner.
C. Check Registers. It was recommended to ratify the check registers dated July 18, 2002 and July 25,
2002 as presented.
D. Kennel License. It was recommended to approve a kennel license for Margaret MacRae, 4940 Dodd
Road.
E. Massage Therapy Establishment License. It was recommended to approve a 2002-2003 new Massage
therapy Establishment License for Cloud Nine Spa and Salon, 1284 Town Centre Drive.
F. Premises Permit. ? Pulled for discussion.
G. Penalty Determination ? Liquor License. it was recommended to approve a resolution accepting the
02-53
Administrative Hearing Officer?s report and to approve the civil penalty of $250 for Davanni?s Pizza.
H. Election Judges. It was recommended to approve the list of Election Judges for the September 10,
2002 Primary Election.
I. Ordinance Amendment, It was recommended to approve an Ordinance Amendment to City Code
Chapter Two entitled ?Administration and General Government? by adding Section 2.39 regarding
criminal background investigations.
J. Change Order . It was recommended to approve Change Order #2, Eagan Well House #20/Park
Pavilion.
K. Grant Agreement. It was recommended to adopt a Resolution authorizing the execution of a Grant
02-54
Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project
entitled Safe and Sober Communities.
L. Special City Council Meeting. It was recommended to approve a special City Council meeting on
August 27, 2002 to consider Preliminary 2003 Budget.
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August 6, 2002
Page 2
M. Extension for Recording Conditional Use Permit. It was recommended to approve a 60-day extension
of time to record a Conditional Use Permit for Wal-Mart for property located at 1360 Town Centre
Drive in the NW ¼ of Section 15.
N. Findings of Fact. It was recommended to adopt Findings of Fact, Conclusions, and Resolution of
02-55
Denial (Cornerstone Construction).
O. Contract 02-17. Pulled from Agenda
P. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility
easements and schedule a public hearing to be held on September 3, 2002.
Q. Agreement ? LMC. It was recommended to approve an agreement with the League of Minnesota
Cities to prepare a guide plan to aid the City in completing requirements of the National Pollutant
Discharge Elimination System ? Phase II permit and authorize the Mayor and City Clerk to execute
all related documents.
R. Project 764R. It was recommended to authorize the preparation of an update to the Feasibility Report
by Bonestroo, Rosene, Anderlik and Associates for Project 764R (Selmark/Harvey/Burrview Acres ?
Street Improvements).
S. Project 859. It was recommended to authorize the preparation of a Feasibility Report by SRF
Consulting Group, Inc. for Project 859 (Highway 55 / Blue Gentian Road ? Intersection
Improvements).
T. Project 860. It was recommended to authorize the preparation of a Feasibility Report by SRF
Consulting Group, Inc. for Project 860 (Highway 55 / Blue Water Road ? Intersection Improvements.
U. Project 875. It was recommended to authorize the preparation of a Feasibility Report for Project 875
(Lexington Place and Lexington Place South Additions ? Street Improvements) by the City Engineer.
V. Project 876. It was recommended to authorize the preparation of a Feasibility Report for Project 876
(Drexel Heights Addition ? Street Improvements) by the City Engineer.
W. Project 877. It was recommended to authorize the preparation of a Feasibility Report for Project 877
(Lexington Avenue ? Highway 55 to Lone Oak Road ? Street Improvements by the City Engineer.
X. Contract 01-09A. It was recommended to approve Change Order No. 1 to Contract 01-09A (City-
wide Life Station Upgrades ? Storm Mitigation Improvements) and authorize the Mayor and City
Clerk to execute al related documents.
Y. Contract 01-12. It was recommended to approve Change Order Nos. 2 and 3 to Contract 01-12 (July
2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
Z. Contract 01-15A. It was recommended to approve Change Order No. 1 to Contract 02-15A
(Community Center Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute
all related documents.
AA. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility
easements and schedule a public hearing to be held on September 3, 2002.
BB. BCBSM Final AUAR and Mitigation Plan. It was recommended to approve the distribution of the
BCBSM Final AUAR and Mitigation Plan.
CC. Contract 01-07. It was recommended to approve Change Order No. 3 to Contract 01-07 (Lexington
Avenue ? Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
DD. Extend Comprehensive Plan Review Period. It was recommended to approve an Extension of the
Metropolitan Council?s review period for Special Area #7 to September 25, 2002.
EE. Zoning Map Update. It was recommended to waive the notice requirement for the City?s Zoning Map
Update.
A. Minutes. Councilmember Bakken stated he wished to abstain from voting on the minutes due to his
absence from the meetings.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the minutes of the
July 16, 2002 regular City Council meeting, the minutes of the July 16, 2002 special City Council
meeting, and the minutes of the June 26, 2002 special City Council meeting as presented. Aye: 4 Nay: 0
Bakken abstained.
Eagan City Council Meeting Minutes
August 6, 2002
Page 3
F. Premises Permit ? Metro Baseball League.
City Administrator Hedges explained that the application for a Premises Permit for the Metro
Baseball League is in need of further clarification. He suggested the item be continued.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration
of a premises permit for Metro Baseball League until August 20, 2002. Aye: 5 Nay: 0
J. Change Order # 2 ? Central Park Pavilion.
Staff requested this item be removed from the agenda.
Mayor Awada moved, Councilmember Carlson seconded a motion to remove Change Order #2 ?
Central Park Pavilion from the agenda with no action taken. Aye: 5 Nay: 0
O. Receive Bids and Award Contract for Contract 01-17, Streetscaping (Central Parkway and Cedar
Grove).
Public Works Director Colbert explained request for continuance of this item
Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue action
regarding Contract 01-17. Aye: 5 Nay: 0
PUBLIC HEARINGS
RD
OLD SIBLEY MEMORIAL HIGHWAY (EAGAN HEIGHTS TOWNHOMES 3 ADDITION)
RIGHT-OF-WAY VACATION
City Administrator Hedges introduced this item regarding a request for right of way vacation to allow the
rd
incorporation of potentially excess right-of-way area into the Eagan Heights Townhomes 3 Addition subdivision
plat. 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 Fields moved, Councilmember Tilley seconded a motion to continue any action of the
vacation of a portion of public right-of-way of Old Sibley Memorial Highway, until consideration for the Final Plat
rd
and Subdivision for the Eagan Heights Townhomes 3 Addition. Aye: 5 Nay: 0
DENMARK AVENUE (OLSON-BURGER ADDITION)
RIGHT-OF-WAY VACATION
City Administrator Hedges introduced this item regarding a right-of-way vacation request to allow the
incorporation of potentially excess right-of-way area onto the Olson-Burger subdivision plat. 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 Fields moved, Councilmember Tilley seconded a motion to continue any action of the
vacation of a portion of public right-of-way of Denmark Avenue, until consideration of the Final Plat and
Subdivision for the Olson-Burger Addition. Aye: 5 Nay: 0
WAIVER OF SUBDIVISION ? GLENN HARTZELL
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August 6, 2002
Page 4
City Administrator Hedges introduced this item regarding a waiver of subdivision for a duplex lot split
and a variance request to allow a waiver to proceed without installation of separate sewer and water services for
property located at 1327 and 1329 Easter Lane. Senior Planner Ridley gave a staff report, noting that staff is not
in favor of the lot split without separate utilities.
Mayor Awada opened the public hearing. Mr. Hartzell discussed his request. There being no public
comment, she closed the public hearing and turned discussion back to the Council. Council agreed that the
lack of individual utility service lines could cause issues to arise regarding metering, billing and maintenance.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct the City Attorney to
prepare Findings of Fact for Denial for a Waiver of Subdivision for a duplex lot split to allow for individual
ownership of the two units, with a Variance to allow the Waiver to occur while retaining a single sewer and water
connection for the twin home on property platted as Lot 8, Block 5, Wilderness Run Fifth Addition, located at 1327
and 1329 Easter Lane in the NW ¼ of Section 27. Aye: 5 Nay: 0
VARIANCES ? CITY OF EAGAN, PROJECT 771
(LEXINGTON AVENUE BETWEEN LONE OAK ROAD AND DUCKWOOD DRIVE)
City Administrator Hedges introduced this item regarding a sign setback variance for all of the properties
affected by Project 771. Senior Planner Ridley gave a staff report. It was noted that the variances are prompted by
the acquisition of additional private property for right-of-way as a result of a public improvement project.
Councilmember Bakken stated that this public improvement created the hardship requirement for
consideration of these variances.
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 sign setback
Variances of 10 feet for the following properties along Lexington Avenue between Lone Oak Road and Duckwood
Drive. Aye: 5 Nay: 0
3165 Lexington Avenue (USPS Bulk Mail Center)
3345 Lexington Avenue (Studio 3345)
nd
Eagan Promenade 2 (Promenade Oaks Townhomes)
1101 Town Centre Drive (Children?s World)
1110 Town Centre Drive (Waterford Apartments)
st
Stuarts 1 Addition (Avalon Town Centre Apartments)
nd
Stuarts 2 Addition (Avalon Town Center Apartments)
VARIANCES ? CITY OF EAGAN, PROJECT 800R (CEDAR GROVE AREA)
City Administrator Hedges introduced this item regarding building and parking setback Variances for
several properties near the intersection of Silver Bell Road and Highway 13. Senior Planner Ridley gave a staff
report. It was noted that the Variances are necessary to accommodate reduced setbacks on developed lots resulting
from the public?s acquisition of additional right-of-way for public improvement.
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 Bakken seconded a motion to approve building and
parking setback variances for the following properties near the intersection of Silver Bell Road and Highway 13.
Aye: 5 Nay: 0
2015 Silver Bell Road 0-20 foot parking setback variance
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August 6, 2002
Page 5
1995 Silver Bell Road 7-19 foot parking setback variance
3800 Ballantrae Road 0-8 foot building setback variance
PID 10-01900-060-04 20 foot parking setback variance
VARIANCE AND CONDITIONAL USE PERMIT ? WAJCO, INC.
City Administrator Hedges introduced this item regarding a Conditional Use Permit request to operate a
car wash in conjunction with an automobile service station and Variances to allow existing nonconforming parking
and signage setbacks on property located at 4205 Nicols Road. Senior Planner Ridley gave a staff report.
The applicant, discussed the requested variances.
Council and staff agreed that the CUP and variances should be considered at the same time as final plat.
The applicant agreed to waive the 60 day agency action requirement.
Mayor Awada moved, Councilmember Bakken seconded a motion to continue action regarding a
Conditional Use Permit and Variances for Wajco, Inc. to the September 17, 2002 Council meeting.
Aye: 5 Nay: 0
VARIANCE AND CONDITIONAL USE PERMIT ? EAGAN TIRE AND AUTO SERVICE
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit
for an automobile service station, along with a variance from the required setback from Diffley Road and a
10 foot Variance from the maximum 20 foot height limitation to construct a two story building to be
located at 4180 and 4190 Blackhawk Road. Senior Planner Ridley gave a staff report.
Chuck Hall, developing consultant for the applicant, discussed the need for the setback variances.
Mayor Awada opened the public hearing. There being no public comment, she closed the public
hearing and turned discussion back to the Council.
Mayor Awada and Councilmembers stated that normally they would not be in favor of the
variances, however the business is being forced to relocate from the Cedarvale area and therefore it is
appropriate to support the variances.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a
Conditional Use Permit to allow an automobile service station, a 37 foot Variance from the required 50
foot setback from Diffley Road and a 10 foot Variance from the maximum 20 foot height limitation for
properties zoned NB (Neighborhood Business) to construct a two story, 9,708 square foot building on
property located at 4180 and 4190 Blackhawk Road (Lots 6 and 7, Block 1, Blackhawk Plaza) in Section
20, 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. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to
assign one tax parcel identification number to Lots 6 and 7, Block 1, Blackhawk Plaza.
3. Automobile or truck rental is prohibited on the site.
4. Outdoor storage of tires or other automobile parts is prohibited.
5. Wall and pole mounted light fixtures shall be cut-off and shielded to control glare.
6. All wall and freestanding signage shall comply with the City Code.
7. An additional building material and/or windows shall be incorporated on the north elevation of the
building.
8. A state-registered landscape architect or state-certified nurseryperson shall prepare the landscape
plan.
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August 6, 2002
Page 6
9. 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 to be preserved on-site.
10. The applicant shall contact the City Forestry Division and set up a preconstruction site inspection at
least five days prior to the issuance of the grading permit to ensure compliance with the approved
Tree Preservation Plan and placement of the Tree Protection Fencing.
11. The development shall be subject to a cash dedication in lieu of water quality ponding.
12. The development shall be subject to cash park and trail dedication.
OLD BUSINESS
CONSIDER MAC PROPOSAL REGARDING JOINT AIRPORT ZONING BOARD INDEMNIFICATION
City Administrator Hedges briefly discussed this item regarding a proposal from the Metropolitan
Airports Commission regarding indemnification of MSP Joint Airport Zoning Board representatives. He
suggested that the item be continued until such time indemnification issues have been satisfactorily address by the
Metropolitan Airports Commission.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of
the proposal from the Metropolitan Airports Commission staff regarding indemnification of MSP Joint Airport
Zoning Board representatives. Aye: 5 Nay: 0
CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON
JOINT AIRPORT ZONING BOARD
Pulled from Agenda.
STORM MITIGATION IMPROVEMENTS
PROJECTS 841, 842, 843, AND 844
City Administrator Hedges introduced this item regarding remaining July 2000 storm mitigation
improvement projects. Public Works Director Colbert gave a staff report on Project 841.
Dan Lockman was present for Project 841 (Lexington Square Addition) and discussed flooding at his
home during the 1987, 1990 and 2000 storms. He requested that the Council approve Project 841. This item was
temporarily continued until later in the meeting to allow staff time to gather some additional information.
Director Colbert discussed Project 842 (Beacon Hill Road South ?Storm Mitigation Improvements) and
the lack of necessary easements to proceed with the project.
One resident spoke, discussing damage that occurred to her home during the July 2000 storm. She
questioned if there were other options in lieu of the easements that would need to be obtained. Director Colbert
stated there were other alternatives but the cost would be twice that of the original plan.
Mayor Awada and Council agreed to allow the previous approval of Project 842 to stand and suggested
that the homeowner try to work with neighboring property owners in an effort to obtain the necessary easements.
Public Works Director Colbert discussed Project 843 (Beecher Drive), storm mitigation improvements.
He reported that through the improvements made to date within the MnDOT Park & Ride lot combined with the
homeowner?s modifications to the affected property that no further improvements would be necessary. Mr. Gregg
Judge of 1805 Beecher Drive stated that he was satisfied with the improvements and efforts made by the City in
addressing the flooding problems. He inquired as to when the high efficiency outlet would be installed in the pond
and Mr. Colbert responded that it would be completed yet this year. Any further improvements to the wetland area
for water quality concerns would have to be discussed with the City?s Water Resource Coordinator.
Eagan City Council Meeting Minutes
August 6, 2002
Page 7
Councilmember Fields moved, Mayor Awada seconded a motion to cancel Project 843. Aye: 5 Nay: 0
Public Works Director Colbert discussed Project 844 (Forssa Way (Pond AP-47) ? Storm Mitigation
Improvements. Rich Brasch of Bonestroo Rosene Anderlik and Associates and City Engineer Russ Matthys were
also present to answer questions.
Three residents of Forssa Way discussed damage that occurred to their homes during the July 2000 storm.
Mayor Awada and Council discussed the alternatives and agreed that alternative #1, Storm Water
Retention in Ridgecliff Park, would be the most appropriate.
Mayor Awada moved, Councilmember Carlson seconded a motion to approve Project 844 (Forssa Way
(Pond AP-47) Storm Mitigation Improvements and authorize the preparation of detailed final plans and
specifications for Alternative #1. Aye: 5 Nay: 0
Mayor Awada and Council continued discussion of Project 841. The previous again spoke and asked if the
area could be reassessed for other possible smaller less costly options. Public Works Director Colbert stated that
the issue could be reevaluated .
No action was taken on Project 841 to allow staff the opportunity to reevaluate other options.
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT ? M&H PROPERTIES
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a
pylon sign on property located at 4590 Scott Trail. Senior Planner Ridley gave a staff report.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Planned
Development Amendment to allow a pylon sign on property located at 4590 Scott Trail in the SE ¼ of Section 30,
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 sign permit must be obtained prior to installation of the sign.
3. A certified survey shall be provided that verifies the location of the proposed site, its setbacks, and
distances to the next nearest pylon signs on the north side of Cliff Road. the sign shall be no closer
than 235 feet to the auto mall sign to the west, and no closer than 300 feet to the Blockbuster sign to
the east. The survey must be submitted before the Planned Development Amendment Agreement is
released for recording.
4. The applicant shall submit a sign easement agreement for review and approval by the City Attorney
prior to recording the Planned Development Amendment Agreement.
5. The pylon sign shall be consistent in design with other pylon signs in this area north of Cliff Road
such that the sign is supported by two brick columns and the sign message areas are internally lit.
The brick shall be similar to the brick used on the office building.
6. The applicant shall create a landscape bed around the base of the sign. A landscape plan shall be
submitted for staff review and approval prior to issuance of the sign permit.
7. The pylon sign shall be set back at least 10 feet from all property lines, and shall not exceed 27 feet in
height.
8. The sign message area shall not exceed 125 square feet on each side.
ORDINANCE AMENDMENT ? CITY OF EAGAN
Eagan City Council Meeting Minutes
August 6, 2002
Page 8
City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 11 which
relates to on-sale liquor.
Councilmember Carlson moved, Mayor Awada seconded a motion to approve an Ordinance Amendment
to Chapter 11, Section 11.20, Subd. 19(C) by adding ?on-sale liquor? as a conditional use in the Business Park
(BP) Zoning district. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed an application for a Shows License for a wrestling show to serve as a
fundraiser at The Valley Lounge on August 10, 2002.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Shows License
for The Valley Lounge for August 10, 2002. Aye: 5 Nay: 0
Mayor Awada noted that official action to rename Red Pine to Carrol Street needed to be taken at the
next City Council meeting.
ADJOURNMENT
The meeting adjourned at 9:05 p.m.
VISITORS TO BE HEARD
Bud Lutz, 2960 Egan Avenue, discussed a letter that he previously mailed to the City Council regarding
his proposal of an assessment fund for existing homes and streets.
_____________________________ ___________________________________
Date Deputy City Clerk
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