08/02/2004 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 2, 2004
A regular meeting of the Eagan City Council was held on Monday, August 2, 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 Assistant to the City Administrator
Dianne Miller.
AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENT A TIONS
CONSENT AGENDA
Councilmember Carlson moved, Council member Maguire seconded a motion to approve the Consent Agenda as
presented. Aye:5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the July 20, 2004 Listening Session, the minutes
of the July 20,2004 regular City Council meeting and the July 13,2004 special City Council meeting as
presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Tom Streefland Jr. as part-time custodian at the
Community Center.
2. It was recommended to approve the 2004-2005 Civic Area Pay Scale.
C. Check Registers. It was recommended to ratify the check registers dated July 29, 2004 as presented.
D. Extension to Record Final Plat. It was recommended to approve an extension of time to record the Final
Plat for Nicols Ridge (Phase I).
E. Final Subdivision. It was recommended to approve a Final Subdivision, Sugar Bluffs, to create four lots 04-54
and one outlot on approximately 5.58 acres located east of Thomas Lake Road and north of Cliff Road in
the SE Y4 of Section 28.
F. Extension of Conditional Use Permit. It was recommended to approve a one-year extension of a
Conditional Use Permit for a hotel in the BP, Business Park zoning district, on property located at 2775
Blue Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park, in the NW Y4 of Section
2; and to approve a one-year extension of a Conditional Use Permit for a restaurant in the BP, Business
Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block I,
Spectrum Business Park, in the NW Y4 of Section 2.
G. Contract 04-04. It was recommended to approve a revised bid opening date for Contract 04-04 (Lexington
Avenue, Trunk Highway 55 to Lone Oak Road - Street and Utility Improvements) to be held at 10:30 a.m.
on Thursday, August 12,2004.
H. Project 00-1. It was recommended to acknowledge the completion of Contract 00-1 (Pine Tree Pass 6th
Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty
provisions.
1. Proiect 01-J. It was recommended to acknowledge the completion of Contract 01-J (Pine Tree Pass th
Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty
prOVISions.
J. Proiect Ol-K. It was recommended to acknowledge the completion of Contract 01-K (Pine Tree Pass 8th
Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty
proVISIOns.
K. Project 01-C. It was recommended to acknowledge the completion of Contract 01-C (Woodstone
Townhomes Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to
warranty provisions.
Eagan City Council Meeting Minutes
August 2, 2004
Page 2
L. Proiect 02-B. It was recommended to acknowledge the completion of Contract 02-B (Oakbrooke 6th
Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty
provisions.
M. Grand Oak AUAR Update. It was recommended to adopt the 5-year update to the Grand Oak Alternative 04-57
Urban Area wide Review (AUAR).
N. Easement Vacation. It was recommended to receive the petition to vacate a portion ofa public drainage
and utility easement on Lot 5, Block 1, Royal Oaks (927 Wild Rose Court) and schedule a public hearing to
be held on September 7, 2004.
O. Management Change - Liquor License. It was recommended to approve a change in management on the
off-sale 3.2 percent malt liquor license at K wik Trip located at 3145 Dodd Road.
P. Safe and Sober Grant. It was recommended to adopt a resolution authorizing the execution ofa Grant 04-55
Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled
Safe and Sober Communities.
Q. 2005 Civic Arena Operating Budget. It was recommended to approve the 2005 Civic Arena Budget
including rates for the 2004-05 Season and the acquisition of capital improvements.
R. Extension for EA W. It was recommended to authorize a 15 day extension of the timeline for Council action
regarding a Petition requesting preparation of an Environmental Assessment Worksheet for the Diamond T-
Steeplechase Development Proposal.
S. Zoning Map Update. It was recommended to initiate an Ordinance Amendment updating the City of Eagan
Zoning Map and to Waive notice requirement for the City of Eagan Zoning Map Update.
T. Tree Contractor License. It was recommended to approve a Tree Contractor License for Prime Cut Tree
Service.
PUBLIC HEARINGS
V ARIANCE TO EXCEED THE 25 FOOT SETBACK FOR A DECK ADDITION BY 11 FEET LOCATED
AT 4223 BOULDER RIDGE POINT - LAURIE MACKO
City Administrator Hedges introduced this item regarding a variance to exceed the 25 foot setback by II feet for a
deck addition to the principal structure at 4223 Boulder Ridge Point. City Planner Ridley gave a staff report.
Mayor Geagan opened the public hearing.
The Vice President of the Boulder Ridge Homeowners Association noted the Association's support of the proposed
variance.
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 approve a Variance to exceed the 25
foot setback by 11 feet for a deck addition to the principal structure at 4223 Boulder Ridge Point; 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 Variance shall only apply to the proposed 12' x 14' deck.
3. The setback of the proposed deck to the private road shall be no less than 14 feet.
Eagan City Council Meeting Minutes
August 2, 2004
Page 3
NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT - WENSMANN HOMES
Mayor Geagan gave an opening statement regarding a proposed Comprehensive Guide Plan Amendment to establish
a LD, Low Density, residential land use guide plan designation upon approximately 120 acres ofland located south
of Yankee Doodle Road and west of Wescott Woodlands. He noted that a public hearing had been held before the
Advisory Planning Commission and explained that the Council's decision must reasonably relate to promoting the
public health, safety, morals and general welfare of the community. City Administrator Hedges gave an overview of
the proposed Comprehensive Guide Plan Amendment and City Planner Ridley gave a staff report.
Herb Wensmann addressed the Council describing how the property was acquired. Terry Wensmann provided a
presentation supporting the proposed Comprehensive Guide Plan Amendment. Tony GIeckel, Attorney for
Wensman Realty gave an overview on the legal descriptors of why the proposal is supported by the Comprehensive
Guide Plan. He also gave an overview of the proposed housing plan which incorporates an extensive park system
and addressed the growing senior population in Eagan.
Gary Brown, RFK, discussed a traffic study of the area. Nick Polta of Pioneer Engineering addressed infrastructure
issues ofthe proposed development. Bill Bleckam of Pioneer Engineering discussed wildlife concerns that have
been raised.
Peter Beck, attorney representing the Ray and Rosie Rahn family, owners of Carriage Hills, noted that a golf course
on the property has not proved to be economically feasible.
Sharon Isabart representing a neighborhood coalition opposing the proposed Comprehensive Guide Plan
Amendment expressed the concerns of the group.
Eva Ing spoke in support of the Wensman Homes proposal.
The City Council held a discussion regarding the Comprehensive Guide Plan Amendment request and the impact the
proposal could have on surrounding neighborhoods.
Councilmember Tilley moved, Councilmember Fields seconded a motion to direct Findings of Fact for denial of a
Comprehensive Guide Plan Amendment of approximately 120 acres from P, Park to LD, Low Density residential,
located at 3535 Wescott Woodlands in the NW Y4 of Section 14 to the August 17,2004 Council meeting. Aye: 5
Nay: 0
Reasons/rational for denial of the proposed Comprehensive Plan Amendment were noted as follows:
. To maintain the integrity of the City's Park and Recreation system Plan.
. The site has substantial open space and natural amenities including trees and wetlands.
. . To maintain the goals set forth in the City's Comprehensive Guide Plan, which includes balancing the
amount of residential and other types ofland use classifications.
. To maintain the recreational use of the property as a golf course.
. The City's transportation system is based on the use of the property being recreational in nature.
. Traffic concerns on Yankee Doodle Road at Wescott Woodlands and on Duckwood Drive.
. There is no adverse impact on the City's schools if the property remains a golf course.
. The threshold test of whether this proposal is in the best long-term interests of the City has not been met at
this time.
. The proposal does not promote the health, safety and welfare ofthe City and therefore, does not benefit the
long-term interests of the City.
. The decrease in the amount of public facilities does not benefit the long-term interests of the City.
. Existing Comp Guide has recognized for many years the property as a golf course to the benefit of both the
City and the owner.
Eagan City Council Meeting Minutes
August 2, 2004
Page 4
. City's official controls were originally changed at the property owner's request to allow for a golf course.
PLANNED DEVELOPMENT AMENDMENT - DUNG (YOUNG) NGUYEN
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow off-sale
liquor sales at 1629 Lena Court. City Planner Ridley gave a staff report
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow off-sale liquor sales at 1629 Lena Court in the NW Y4 of Section 28, subject to the following
conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder's office.
2. The operation of the off-sale liquor store shall comply and be operated in accordance with all relevant
state laws and regulations.
3. Other than open/closed and hours of operation, window signage shall be prohibited.
4. The premises shall be open for inspection by the City and the City shall have the right to inspect the
premises.
PLANNED DEVELOPMENT AMENDMENT (LOT 1, OLSON-BURGER ADDITION)
NW A FEDERAL CREDIT UNION
City Administrator Hedges introduced this item regarding a Planned Development Amendment to the Olson-Burger
Planned Development to allow two lots/buildings and a drive-through facility, and a Final Planned Development
with a bank drive-through facility on Loti, Block 1, Olson-Burger Addition. City Planner Ridley gave a staff report.
Tom Hogan, developer representing NW A Federal Credit Union made a presentation regarding the building design.
Councilmembers discussed the overall proposal, including building design, exterior materials, signage, concern over
sun reflection, and drive-through bypass.
Councilmember CarIson moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to the Olson-Burger PD to allow two uses on this site and to allow a drive-through facility subject to the
following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be prepared and recorded at the Dakota County
Recorder's Office prior to the Final Planned Development Agreement. The following plans are required for
the Final Planned Development Agreement:
. Site Plan
2. All engineering issues related to grading, utilities and storm drainage will be addressed with building permit
submittal.
3. To allow for proper spacing and efficiency of the future intersection of Denmark Avenue and Northwood
Parkway, possible future subdivision or development ofthis property shall be restricted to only the accesses
proposed under this development, as shown on the submitted site plan.
4. A stormwater treatment pond with a minimum wet-volume of 0.44 acre-feet shall be constructed on the site.
The pond shall be constructed according to NURP and City of Eagan standards, including a 10: 1 aquatic
bench and outlet skimmer.
5. Trash storage shall be inside the building. If outside trash storage is necessary, it shall be screened with an
enclosure attached to the principal building, made of materials to match the building and with gates that are
90% opaque.
Eagan City Council Meeting Minutes
August 2, 2004
Page 5
6. One monument sign is permitted for each building. The monument signs shall not exceed 7 feet in height, and
the message area shall not exceed 4 feet in height. Minimum setbacks shall be 10 feet from any property line.
7. The site lighting fixtures shall be similar to those used at the Slumberland for site lighting.
Councilmember CarIson moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for
a bank with a drive-through facility for Lot 1, Block 1, Olson-Burger Addition subject to the following conditions:
Aye: 5 Nay: 0
1. A Final Planned Development Agreement shall be prepared and recorded at the Dakota County
Recorder's Office prior to issuance of a building permit. The following plans are required for the Final
Planned Development Agreement:
. Site Plan
. Landscape Plan
. Building Elevations
. Signage Plan
. Site Lighting Plan
2. The landscape plan shall be revised in the northeast corner to provide better screening at of the drive-
through area.
3. All engineering issues related to grading, utilities and storm drainage will be addressed with building
permit submittal for this development.
4. The plans shall be revised to show three stacking lanes and a fourth striped bypass lane.
5. To allow for proper spacing and efficiency of the future intersection of Denmark Avenue and
Northwood Parkway, possible future subdivision or development of this property shall be restricted to
only the accesses proposed under this development, as shown on the submitted site plan.
6. A stormwater treatment pond with a minimum wet-volume of 0.44 acre-feet shall be constructed on the
site. The pond shall be constructed according to NURP and City of Eagan standards, including a 10:1
aquatic bench and outlet skimmer.
7. A declaration of cross easements for the 38 foot wide shared driveway and drive aisles, in a form
acceptable to the city attorney, will need to be executed and recorded.
8. This development is subject to a cash parks dedication to be paid at the time of the building permit at the
rates then in effect.
9. Trash storage shall be inside the building. If outside trash storage is necessary, it shall be screened with
an enclosure attached to the principal building, made of materials to match the building and with gates
that are 90% opaque.
10. The colors of building materials as provided to Staff and presented on July 27, 2004, and shall be
submitted to the City for inclusion in the Final Planned Development Agreement.
11. One monument sign is permitted for this building. The monument sign shall not exceed 7 feet in height,
and the message area shall not exceed 4 feet in height. Setbacks shall be 10 feet from any property line.
12. Wall signage shall be allowed on the north building elevation only, as shown on the Building Elevations.
Directional signs within the site shall not exceed six square feet in area.
13. The site lighting fixtures shall be similar to those used at Slumberland for site
COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND
PRELIMINARY SUBDIVISION - INTERSTATE PARTNERS
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the
designation of approximately 13.5 acres from Special Area 2 - Business Park to Special Area 2 - Office / Service; a
Preliminary Subdivision of approximately 13.5 acres to create four lots on property located at the northwest
intersection of Highways 55 and 149; and a Rezoning and Preliminary Planned Development of approximately 13.5
acres from Business Park to Planned Development. This item was continued from the June 15,2004 Administrative
Agenda. City Planner Ridley gave a staff report.
Eagan City Council Meeting Minutes
August 2, 2004
Page 6
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Comprehensive Guide Plan
Amendment to change the designation of approximately 13.5 acres from Special Area 2-Business Park to Special
Area 2-0ffice/Service. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision
(Grand Oak 5) of approximately 13.5 acres to create four lots on property located at the northwest intersection of
Highways 55 and 149 in the east Y2 of Section 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; BI, 2, 3, 4; CI, 2, 4; Dl; El; Fl; and HI
2. The property shall be platted.
3. The developer shall enter into and record a Preliminary Planned Development Agreement against the
property. The Agreement shall include the following exhibits:
. Preliminary Site Plan
. Preliminary Building Elevations
. Preliminary Landscape Plan
. Preliminary Sight Lighting Plan
4. The Preliminary Planned Development shall have a term of five years.
5. Development of each lot shall require Final Planned Development approval.
6. The developer shall enter into and record a Final Planned Development Agreement against each parcel.
Each Agreement shall include the following exhibits:
. Final Site Plan
. Final Building Elevations Plan
. Final Sign Plan
. Final Landscape Plan
. Final Site Lighting Plan
7. Overall square footages are set below:
. Lot 1 - 100,000 SF two-story office building.
. Lot 2 - 10,000 SF one-story office building or 20,000 SF two-story office building. *
. Lot 3 - 9,600 SF retail & 3,600 SF restaurant (13,200 SF total) or 6,000 SF retail & 6,000
restaurant (13,200 SF total).
. Lot 4 - 30,000 SF two-story office building or 20,000 SF one-story office building. *
* The combination of Lots 2 & 4 will not exceed 40,000 SF of office building.
It is acknowledged that footprint or floor plate sizes shown on the Site Plan may differ at the time of
development.
8. The developer shall provide cross parking easements over all lots.
9. The developer shall provide landscaping that is consistent with the Master Landscape Plan dated April 23,
2004 with the latest revision date of May 5, 2004.
10. The retail/restaurant buildings shall exhibit exterior materials that will consist of glass (50%), brick (30%)
and accent material (20%) such as synthetic stucco (EFIS).
11. The developer shall submit specific elevation and material plans at the time of application for Final Planned
Development approval.
12. All building elevations shall be treated the same in regard to finish materials.
13. The developer shall revise the building design for the bank prior to the Final Planned Development
proceeding to the City Council.
14. The ultimate Signage Plan shall be subject to Site Plan review and approval by the City Council.
15. Other than "Open or Closed" and hours of operation, window sign age shall be prohibited.
16. All trash/recycling shall either be handled internally or within an enclosure attached to the building and
constructed of materials to match the building.
17. A photometric site lighting plan and design detail plates illustrating the type, location, and height will be
required at the time of application for Final Planned Development approval. .
Eagan City Council Meeting Minutes
August 2, 2004
Page 7
18. The developer shall be responsible for all roadway modifications necessary to accommodate this
development, as required by MnDOT and the City.
19. The developer shall provide berming to screen parking areas adjacent to public right-of-way, where
possible.
20. This development should accept the City's determination of responsibility and costs of$3,760.00 per net
developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document
approved by the City Council on October 20, 1998, and updated in September 2003. The financial
obligation should be placed in an escrow account with the City to be used solely for financing the AUAR
improvements and any unused amount will be returned to the payers upon full development of the AUAR
properties.
21. An agreement between MnDOT and the City regarding perpetual maintenance of these frontage roads shall
be reached before final subdivision approval for this development.
22. The developer shall satisfY any parks and trails dedication due with a cash dedication based on the rates in
effect at the time of development.
23. This developer shall meet the City's water quality requirements entirely through on-site ponding.
24. One stormwater pond (Pond A) shall be constructed with a minimum wet-pond volume of 1.3 acre-feet and
a minimum area of 0.27 acres. The other stormwater treatment pond (Pond B) shall be constructed with a
minimum wet-pond volume of 0.5 acre-feet. Both ponds shall have a 10:1 aquatic bench and outlet
skimmers according to City design standards.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning and a Preliminary
Planned Development of approximately 13.5 acres from Business Park to Planned Development subject to the
previous conditions (as listed above in the approval of the Preliminary Subdivision (Grand Oak 5). Aye: 5 Nay: 0
CAPONI PROPERTY ACQUISITION / CAPONI ART P ARK UPDATE
City Administrator Hedges provided a timeline for the Caponi property acquisition. The City Council Sub-
Committee, Councilmember Maguire and Councilmember Carlson were acknowledged for their work on the issue.
City Administrator Hedges noted that an update on the Caponi acquisition will be included on upcoming regular
City Council meeting agendas, per the request of the subcommittee.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges provided an overview of correspondence to the Federal Aviation Administration in
response to the July 19,2004 Metropolitan Airports Commission Noise Compatibility Program Recommendation.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve correspondence to the
Federal Aviation Administration in response to the July 19,2004 Metropolitan Airports Commission Noise
Compatibility Program Recommendation. Aye: 5 Nay: 0
VISITORS TO BE HEARD
Shawn Hoffman, Eagan Resident, expressed concern regarding traffic issues on Coventry Parkway and Dodd Road,
submitting a petition from area residents to lower the speed limit to 25 mph and/or install signage to slow traffic.
City Engineer Russ Matthys discussed the neighborhood speed limit and signage.
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 9:30 p.m.
, {U1~0.J; ~ 1.~ll)I-J
Date
jJ/MAL /lljW
Assistant to City Administrator