11/04/2004 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 4, 2004
A regular meeting of the Eagan City Council was held on November 4, 2004 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, City Planner Mike Ridley, Public
Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira
McGarvey.
AGENDA
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
DAKOTA VALLEY RECYCLING A WARD
Recycling Coordinator Sue Bast presented the City with the recently received MnGreat Award which stands for
Minnesota Government Reaching Environmental Achievements Together.
MACT A A WARD TO BECT FOR CABLE COMMISSION OF THE YEAR
Community Television Manager Mark Hotchkiss and the Burnsville Eagan Community Television Commission
members presented the Minnesota Association of Community Telecommunications Administrators award that was
awarded at the state convention recognizing the Burnsville Eagan Telecommunication Commission as its top cable
commission of the year.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda.
Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the October 19,2004 regular City Council
meeting and the October 12,2004 special City Council minutes as presented.
B. Personnel Items.
1. It was recommended to accept the letter of resignation from Pam Fritz, Dispatcher.
C. Check Registers. It was recommended to ratifY the check registers dated October 21, 2004, and October 28,
2004 as presented.
D. Contract for Auditing Services. It was recommended to award the contract for auditing services for the
2004-2006 financial statements to Kern DeWenter Viere, Ltd.
E. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period
7-1-04 to 6-30-05.
F. CIP Part II Vehicles and Equipment. It was recommended to approve Part II (Vehicles and Equipment) of
the 2005-2009 Capital Improvement Program (CIP)
G. Pension Agreement. It was recommended to approve the Eagan Volunteer Fire Relief Association 2005-
2009 Pension Agreement.
H. Final Subdivision. It was recommended to approve a Final Subdivision (Birchwood Office Condos) of 6.9
acres to create 7 lots at property located East of Pilot Knob Road at Marice Drive between Sherman Court
and I-35E.
I. Final Subdivision. It was recommended to approve a Final Subdivision (Kreitz Addition) of 1.19 acres to
create 2 single family lots for property located at 2890 Fairlawn Place, Lot 13, Block 7, Country Home
Heights, in the SW Y. of Section 03.
J. Cellular Antennae Lease Agreements. It was recommended to approve an agreement with Qwest Wirless to
assign their rights to Verizon Wireless for the existing lease agreements for cellular antennae facilities at the
Deerwood Reservoir, Highline Trail and Sandstone Drive locations and authorize the Mayor and Deputy
City Clerk to execute all related documents.
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Eagan City Council Meeting Minutes
November 4, 2004
Page 2
K. Contract 03-09. It was recommended to approve Change Order #7 to Contract 03-09 (Water Treatment
Plant Expansion) and authorize the mayor and City Clerk to execute all related documents.
L. Project 912. It was recommended to receive the Draft Feasibility Report for Project 912 (Windcrest / Birch
Park Additions / Deerwood Drive / Denmark Avenue - Street Improvements) and schedule a public hearing
to be held on December 6, 2004.
M. Proiect 914. It was recommended to receive the Draft Feasibility Report for Project 914 (Thomas Lake
Heights / Trails of Thomas lake Additions - Street Improvements) and schedule a public hearing to be held
on December 6, 2004.
N. Contract 03-08. It was recommended to approve Change Order No.2 to Contract 03-08 (Thresher Fields-
Park Site Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents.
O. Agreement. It was recommended to approve an agreement between Burnsville / Eagan Community
Television and Thisweek Newspapers for the sale oflimited commercial advertising.
P. Project 03-0. It was recommended to acknowledge the completion of Contract 03-0 (Marcella Woods-
Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions.
Q. Amendment to Minutes. It was recommended to approve an amendment to page 4 of the September 7,
2004 City Council meeting minutes in regard to a Final Planned Development for Camp Butwin to read as
follows:
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final
Planned Development to memorialize the existing site conditions andfuture plans as part of a
Camp Butwin Master Plan for the 84 acre site located off of 120lh Street, within the Lebanon
Hills Regional Park in the south half of Section 35, subject to the follow conditions (as listed in
the original minutes). Aye: 5 Nay: 0
R. Walmart Foundation Grant. It was recommended to approve acceptance of$2,000 grant from the
Walmart Foundation to the Eagan Police Department.
PUBLIC HEARINGS
CERTIFICA TION OF DELINQUENT UTILITY BILLINGS
City Administrator Hedges stated the city has approximately 330 utility bill accounts with delinquent payments with
an assessable amount of$52,372.91.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for
delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
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CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
City Administrator Hedges stated the City currently has two delinquent false alarm bills with an assessable amount of
$192.50.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for
delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
PROJECT 884, BORCHERT LANE
STREET & UTILITY IMPROVEMENTS
City Administrator Hedges introduced this item regarding the Final Assessment Roll for Borchert Lane - Street and
Utility Improvements. Public Works Director Colbert gave a staff report.
Eagan City Council Meeting Minutes
November 4, 2004
Page 3
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for
Project 884 (Borchert Lane - Street & Utility Improvements) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
OLD BUSINESS
REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT
CEDARSTONE DEVELOPMENT
REZONING - ROBERT MCDONALD
Councilmember Tilley stated she was the former owner of the subject property and excused herself from the dais.
City Administrator Hedges introduced this item regarding a rezoning of5 acres from Agriculture to PD, Planned
Development, a Preliminary Subdivision to create 8 lots and a Preliminary Planned Development to create 14 twin
homes with public and private streets and reduced setbacks on property located at 1055 Wescott Road, which was
continued from the October 19, 2004 City Council meeting. It was decided to review this item in conjunction with
the next item on the agenda regarding a Rezoning for Bob McDonald of five acres from Agriculture to R-l, Single
Family Residential for property located at 1085 Wescott Road. City Planner Ridley gave a staffreport.
Peter Coyle, representing Cedarstone Development reviewed the proposed development plan, discussing concerns of
area residents in regard to property values, tree preservation and the overall benefit to the City. Chuck Levine,
project architect discussed the proposed setbacks.
Bob McDonald, applicant for the proposed rezoning at 1085 Wescott Road expressed his opposition to the proposed
Cedarstone Development stating he did not feel it would be consistent with the existing neighborhood. He also
discussed the proposed private street and variances that would be required.
Four area residents spoke, expressing their opposition to the Cedarstone Development.
Councilmembers held a discussion which included the number of single family lots that could be accommodated on
the property, the possibility of the two applicants working together on a plan for the two properties, the compatibility
of the proposed twinhome development, the need for an emergency turn-around, street width, the possibility of
public roads rather than private. There was general Council consensus that twin homes could be appropriate in this
area if the other issues could be resolved.
Both applicants indicated their willingness to continue consideration of the proposed rezonings, preliminary
subdivisions and preliminary planned development. They both also indicated their willingness to discuss changes to
the proposed plan.
Agreement was reached to continue the items until the December 13,2004 City Council meeting. Staff was directed
to notifY area residents by mail of the December 131h meeting.
Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a
Rezoning of5 acres from Agriculture to PD, Planned Development for property located at 1055 Wescott Road in the
SW 1f4 of Section 14 to the December 13,2004 City Council meeting. Aye: 4 Nay: 0
Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a
Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW 1f4 of Section 14 to the
December 13, 2004 City Council meeting. Aye: 4 Nay: 0
Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a
Preliminary Planned Development to create 14 twin homes with public and private streets and reduced setbacks to
Eagan City Council Meeting Minutes
November 4, 2004
Page 4
the public street for property located at 1044 Wescott Road in the SW 1f4 of Section 14 to the December 13,2004
City Council meeting. Aye: 4 Nay: 0
Councilmember Maguire moved, Council member Fields seconded a motion to continue consideration of a Rezoning
offive acres from Agriculture to R-l, Single Family Residential District for property located at 1085 Wescott Road
to the December 13,2004 City Council meeting. Aye: 4 Nay: 0
Councilmember Tilley returned to the dais.
CANVASS OF BALLOTS - NOVEMBER 2, 2004 MUNICIPAL ELECTION
City Administrator Hedges stated that State law provides that within seven days after an election, the governing body
of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the
returns, and declare the results of the election. Administrative Services Director VanOverbeke gave an overview of
the election results.
Councilmember Fields moved, Councilmember Maguire seconded a motion to certifY the results of the November 2,
2004 Municipal Election. Aye: 5 Nay: 0
APPOINTMENT OF NEW ECONOMIC DEVELOPMENT COMMISSION MEMBER
Councilmembers were provided ballots to vote for a new member to be appointed to the Economic Development
Commission. The vacancy exists on the Commission due to a recent resignation.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to appoint Leslie Bromley to fill the
vacancy on the Economic Development Commission. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT FOR KNOB HILL PROFESSIONAL OFFICE
City Administrator Hedges introduced this item regarding a proposed Planned Development Amendment to change
the fayade of the existing office building, combine two lots into one, replace a drive aisle with green space and add a
new monument sign for Knob Professional Office located at 4178 Knob Drive. City Planner Ridley gave a staff
report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to change the fayade of the existing office building, combine two lots into one, replace a drive aisle with
green space and add a new monument sign for Knob Professional Office located at 4178 Knob Drive, subject to the
following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded.
2. A revised landscape plan shall be submitted prior to writing the Planned Development Amendment
Agreement.
3. The monument sign shall comply with City Code Sign Ordinance requirements. Any other free standing
signage shall be removed.
4. The new trash enclosure shall be attached to and match the materials of the principal building.
5. A lot combination shall be executed and recorded prior to any building permits being issued.
PRELIMINARY SUBDIVISION - CSM PROPERTIES, INC.
City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots on 20.4 acres,
located at 2955 Lone Oak Drive. He also discussed the need to terminate the application of Section 12.05 C (iv) of
the City Code, as it applies to the subject property. City Planner Ridley gave a staff report.
Councilmember Maguire moved, Councilmember Fields seconded a motion to terminate the application of Section
12.05 (q (iv) of the City Code, as it applies to a 20.4 acre parcel located at 2955 Lone Oak Drive (Lot 1, Block 1,
Blue Ridge 5th Addition), for the sole purpose of approving the subdivision of the property into two lots. Aye: 5
Nay: 0
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November 4, 2004
Page 5
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to
create two lots on 2004 acres, located at 2955 Lone Oak Drive in the SW 1f4 of Section 1, 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: AI, Bl, B3, B4, Cl, C2, C4, Dl and EI.
2. The property shall be platted.
Councilmember Maguire moved, Councilmember Fields seconded a motion to reinstate Section 120.5 (C) (iv) of the
City Code. Aye: 5 Nay: 0
CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE
City Administrator Hedges provided an update on Caponi property acquisition.
ADMINISTRATIVE AGENDA
REQUEST FROM EAGAN ROTARY CLUB
City Administrator Hedges stated the Rotary Club has asked that this item be continued.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a request
from the Eagan Rotary Club regarding their annual Art Gala fundraiser to the November 16,2004 meeting.
Aye: 5 Nay: 0
APPLICATION FOR LAWFUL GAMBLING EXEMPT PERMIT - FAITHFUL SHEPHERD SCHOOL
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an exempt permit for Faithful
Shepherd Catholic School to hold a raffle on January 22, 2005 at 3355 Columbia Drive. Aye: 5 Nay: 0
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CONTRACT WITH MIHCA
City Administrator Hedges discussed this item regarding a proposed contract with MIHCA to allow the Eagan
Community Center to participate in the Blue Cross Blue Shield BluePrint for Health Fitness Discount.
Councilmember Tilley moved, Councilmember Fields seconded a motion to enter into a contract with MIHCA to
allow the Eagan Community Center to participate in the BCBS BluePrint for Health Fitness Discount.
Aye: 5 Nay: 0
PROJECT 771, LEXINGTON AVENUE UPGRADE
ASSESSMENT APPEAL
Public Works Director Colbert stated that Max and Mary Steininger are requesting the Council waive the interest of
$4,945.04 associated with the assessment for parcel 10-01100-0 I 0-26 (3070 Lexington A venue) under Project 771.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess into a closed session to
discussion pending litigation with Mr. Steininger.
The meeting was reconvened shortly thereafter.
Councilmember Fields moved, Councilmember Tilley seconded a motion to deny the request to waive the 2004
certified interest in the amount of$4,945.04 associated with the assessment for parcel 10-01100-010-26 (3070
Lexington Avenue) under Project #771. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
November 4,2004
Page 6
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Maguire seconded a motion to adjourn the regular City Council
meeting at 9:45 p.m.
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