07/06/2004 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
July 6, 2004
A regular meeting of the Eagan City Council was held on Tuesday, July 6, 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
City Administrator Hedges noted that item M on the Consent agenda had been removed, item A under Old Business
and item A under New Business will be continued to the July 20,2004 City Council meeting. He also noted that an
additional item regarding changing the August 3, 2004 Council meeting to August 2,2004 has been included on the
Consent Agenda.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:
5 Nay: 0
RECOGNITIONS AND PRESENT A TlONS
NATIONAL NIGHT OUT
City Administrator Hedges discussed National Night Out which is to be held August 3, 2004 throughout the City.
CounciImember Tilley moved, Councilmember Fields seconded a motion to adopt a proclamation naming Tuesday, 04-47
August 3, 2004 as "National Night Out" in the City of Eagan.
Aye: 5 Nay: 0
4TH OF JULY
Mayor Geagan recognized volunteers and staff members for their work on the 4th of July festivities.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the Consent Agenda as
amended. Aye:5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the June 15,2004 regular City Council meeting
and the June 28, 2004 workshop / retreat as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Keith Daley as a part-time custodian/maintenance
worker at the Community Center.
2. It was recommended to approve the hiring of KimberIy Grimm and Karia Hoehne-Sohre as part-
time fitness attendants at the Community Center.
3. It was recommended to approve contracting with the Ken Vraa Consulting firm for Parks and
Recreation projects.
C. Check Registers. It was recommended to ratify the check registers dated June 17,2004, June 24 and July
I, 2004 as presented.
D. Amusement Device License. It was recommended to approve an Amusement Device License renewal for
Theisen Vending Company.
E. Payment of Storm Sewer Trunk Charges. It was recommended to authorize City payment from the Park
Site Acquisition and Development Fund of Storm Sewer Trunk charges on the acquired Anderson parcel
(Outlot A Patrick Eagan Park Addition).
Eagan City Council Meeting Minutes
July 6, 2004
Page 2
F. Accept Donation. It was recommended to accept a $7,000 donation from the Eagan Lion's Club for the 04-48
purchase of defibrillators by the Eagan Fire Department.
G. Contract 04-07. It was recommended to receive the bids and award Contract 04-07 (Lexington Ridge Court
- Street Improvements), to Veit and Company, Inc. for the base bid in the amount of$1 05,047 and
authorize the Mayor and City Clerk to execute all related documents.
H. Proiect 909. It was recommended to receive the petition and authorize the preparation ofa feasibility report
by the City Engineer for Project 909 (Taconite Trail- East of Blackhawk Road - Street and Utility
Improvements).
1. Extension for Recording Final Plat. It was recommended to approve an extension for the recording of the
Final Plat for Manley Plaza to August 7, 2004.
J. Final Subdivision. It was recommended to approve a Final Subdivision (Mother Nature Addition) to create 04-49
2 single family lots, for property at 4137 Rahn Road.
K. Final Subdivision and Final Planned Development. IT was recommended to approve a Final Subdivision
(Lexington Ridge) and Final Planned Development to create 17 lots, and 16 attached townhomes, for 04-50
property at 4225 Lexington Way South in the NE Y4 of Section 27.
L. Final Subdivision. It was recommended to continue consideration of a Final Subdivision (Schwanz
Addition) to create 8 twinhome lots, for property at 3200 Pilot Knob Road to the July 20, 2004 meeting.
M. Pulled
N. Joint Powers Agreement. It was recommended to approve the Joint Powers Agreement with Dakota County
to Participate Jointly with Other Cities the Dakota County Wetland Health Evaluation Program through
2008.
O. Disposal of Firearms. It was recommended to declare 23 firearms in the custody of the Police Department
abandoned or unclaimed.
P. License Agreement. It was recommended to approve a license agreement to permit U.S. Homes to locate a
sales trailer for the Nicols Ridge Subdivision on the City owned parcel, formerly known as the
Lachenmayer property.
Q. Modification - Keystone Communities Senior Housing. It was recommended to approve modifications of
exterior architectural details for the Keystone Communities Senior Housing Project in the Cedar Grove
Redevelopment Area.
R. Contract 04-04. It was recommended to approve a Construction Agreement for Contract 04-04 (Lexington
Avenue, Trunk Highway 55 to Lone Oak Road - Street Improvements) with the Dakota County
Transportation Department and authorize the Mayor and City Clerk to execute all related documents.
S. Exempt Permit. It was recommended to approve an application for an Exempt Permit for Experimental 04-5 I
Aircraft Association to hold a raffle at the Eagan Community Center on October 10, 2004.
T. Tobacco License. It was recommended to approve a Tobacco License for Oasis market at 2000 Rahncliff
Court.
U. Reschedule Meeting. It was recommended to reschedule the August 3, 2004 City Council meeting to
August 2,2004 due to "National Night Out".
PUBLIC HEARINGS
PROJECT 759R, CEDAR GROVE P ARKW A Y FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment hearing for street improvements on
Cedar Grove Parkway. Public Works Director Colbert 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 Fields moved, Councilmember Maguire seconded a motion to adopt the Final Assessment Roll for
Project 759R (Cedar Grove Parkway - Street Improvements) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
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July 6, 2004
Page 3
PROJECT 905, LONG ACRES / LEBANON HILLS REGIONAL PARK
STORM SEWER IMPROVEMENTS
City Administrator Hedges introduced this item regarding storm sewer improvements at the Long AcresILebanon
Hills Regional Park. Public Works Director Colbert gave a staff report. Mark Hanson and Rich Brasch of
Bonestroo, Rosene, Anderlik & Associates reviewed the feasibility report for the proposed project.
Mayor Geagan opened the public hearing.
Thirteen residents spoke expressing concerns which included, the amount of assessments, lack of support from Apple
Valley, Rosemount and Dakota County, shared expenses by developers, the lowering of Marsh Lake, the possibility
of constructing a new lift station, and the possibility of future flood damage to area homes.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council and staff. Public Works Director Colbert responded to the questions/concerns raised by the residents.
Councilmembers discussed the need to acquire assistance from Dakota County. The option for residents to request
deferment from assessments was also explained.
Councilmember Carlson moved, Council member Fields seconded a motion to approve Project 905 (Long
Acres/Lebanon Hills Regional Park - Storm Sewer Improvements) with the following conditions: Aye: 5 Nay: 0
1. Include all of the basic improvements and include the following upgraded improvements:
a) Driveway Improvements
b) Marsh Lake Pipe Outlet (alternate - show with and with out)
c) Connection to Wetland 121
2. Authorize the preparation of detailed final plans and specifications for a contract that may be let within 2
years after said approval and the acquisition of right-of-way and easements through quick-take Eminent
Domain, if necessary.
GUN CLUB ROAD RIGHT-OF-WAY VACATION
City Administrator Hedges introduced this item regarding the vacation of public right-of-way known as Gun Club
Road south and east of Biscayne Avenue, stating that the right of way vacation can only take place in conjunction
with the final subdivision of the Long Acres plat which has been continued to the July 20,2004 City Council
meeting. Public Works Director Colbert 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.
No action was taken. This item will be brought back as part of the Long Acres plat on July 20, 2004.
OLD BUSINESS
FINAL SUBDIVISION (LONG ACRES 1ST ADDITION)
MANLEY LAND DEVELOPMENT
City Administrator Hedges stated this item will be continued to the July 20,2004 City Council meeting.
REZONING, PRELIMINARY SUBDIVISION (EVERGREEN ENCLAVE)
EPIC DEVELOPMENT
City Administrator Hedges introduced this item regarding a rezoning of7.7 acres from Agriculture to Single Family
residential, a preliminary subdivision of 7.7 acres to create 7 lots and an outlot; a variance to the front setback on
Diffley Road of 0 feet for the existing home on Lot 7, Block I, Evergreen Enclave and; a variance to allow Lots 2
and 3 without public street frontage, all on property located at 4195 Lexington Way South. These items were
Eagan City Council Meeting Minutes
July 6, 2004
Page 4
continued from the June 15,2004 City Council meeting to allow staff time to review revisions to the proposed
subdivision. City Planner Ridley gave a staff report, highlighting the revisions.
Rich Ragatz, Epic Development, discussed the revised plans and requested that consideration be given to the
dedication of Outlot A as a credit for park dedication fees.
An adjacent property owner requested information regarding tree protection measures and a sound barrier. City
Planner Ridley explained tree preservation requirements and the Council stated the sound barrier issue should not
include the City.
Councilmembers held a discussion which included the park dedication fees and the dedication of Outlot A, and the
possibility of conservation easements.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning of7.7 acres from
A, Agriculture to R- I, Single Family residential for property located at 4 I 95 Lexington Way South. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision
(Evergreen Enclave) of 7.7 acres to create 7 lots and an Outlot at property located at 4195 Lexington Way South
subject to the following conditions.
Aye: 5 Nay: 0
I. The property shall be platted.
2. The development shall be responsible for a cash trails dedication.
3. Outlot A shall be dedicated to the City in a form acceptable to the City Attorney as park dedication.
4. The lots along the private street shall be served by individual private water services extending from
Lexington Way.
5. The developer shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards.
6. If approved, the private street shall be constructed with a vehicle turnaround in accordance with City
engineering and fire department standards.
7. 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.
8. 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 to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
9. A cash dedication in lieu ofponding shall be required.
10. A conservation easement over Outlot A and Lots 2, 4 and 5 shall be provided per staff
recommendation.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the front setback
on Diffley Road of 0 feet for the existing home on Lot 7, Block I, Evergreen Enclave 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 existing building on Lot 7, Block 1, Evergreen Enclave.
Councilmember fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow Lots 2 and
3 without public street frontage, subject to the following conditions. Aye: 5 Nay: 0
1. Ifwithin 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
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July 6, 2004
Page 5
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 only applies to Lots 2 and 3, Block 1, Evergreen Enclave.
INTERIM ORDINANCE TO ESTABLISH A DEVELOPMENT MORATORIUM PERTAINING TO
COMPREHENSIVE GUIDE PLAN SPECIAL AREA #1 LOCATED BETWEEN 1-494, TH 149, LONE OAK
ROAD AND THE INVER GROVE HEIGHTS BOUNDARY TO COMPLETE STUDIES PERTAINING TO
THE FUTURE DEVELOPMENT OF THE AREA
City Administrator Hedges discussed background information regarding this item pertaining to development
proposals for the Laukka Beck and Loan Oak Properties and their relationship to the City's Comprehensive Plan and
existing zoning which was presented at the May 18,2004 and the June 15,2004 Council meetings. Community
Development Director Hohenstein stated that at the June 15,2004 meeting, the City Council directed the preparation
of an interim ordinance to establish a moratorium for the study of certain issues relative to planning for the area's
future. He noted that the Council had reserved several items to be determined at the time the moratorium was
considered including the issues to be considered during the course of the moratorium and the duration of the
moratorium. He also asked the Council to consider whether to prohibit all construction and development activity
during the moratorium or to permit certain activities within the area under certain circumstances.
Peter Coyle, Larkin Hoffman, representing the prospective developers of the Laukka Beck and Loan Oak Properties,
expressed his objection to the moratorium and requested that, should it be approved, the duration be no longer than
six months.
Councilmembers discussed potential study topics and the duration of the proposed moratorium.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Interim Ordinance to
establish a development moratorium for a nine month period pertaining to Comprehensive Guide Plan Special Area
#1 located between 1-494, TH 149, Lone Oak Road and the Inver Grove Heights Boundary to complete studies
pertaining to the future development of the area with the following list of issues to be studied.
· Analysis of the Relationship of Development Alternatives with Existing Development in Special
Area # 1
. Status and Adequacy of the Commercial Land Supply
. Relationship Between Changes in Airport Operations and Aircraft Noise Technology to the City's
General Land Use Policies
. Fiscal Impact Analysis of Revenues and Costs Associated with Development Alternatives for City,
County and School District Services
· Impact of Major New Residential Areas on the City's Park Improvement, Maintenance and
Programming Capacity
· Relationship Between the City's Economic Development Policies and Potential Changes in the
Supply of Commercial Land
. Analysis of Expansion and Development Plans of Major Businesses in the Northeast Area and the
Effect on the Availability and Need for Commercial Land - Ecolab Development Plans, Effects of
the AirIine Industry on NWA Plans, Thomson-West Expansions, Grand Oaks Build Out,
Continued Redevelopment of the Hwy 55 Corridor, etc.
. Extent to Which Mixed Use Alternatives Could Address Other City Priorities - Indoor
Recreational Uses, Cultural Activity Areas, etc.
. Study of the Installation of an Interchange at 494/Deleware/ Argenta Trail - Such a study may need
to entail a larger area traffic study to define how development alternatives may affect/complement
the proposed roadway improvements identified under the Grand Oak AUAR at Hwy 149 & 494,
including the potential need for a north-south connector street between this potential interchange
and Lone Oak Rd. (Co. Rd. 26).
. Ecological Impacts of Development Alternatives including tree preservation, water quality
impacts, etc.
Eagan City Council Meeting Minutes
July 6, 2004
Page 6
. Impact of Development Alternatives on Demand for Public Safety Services.
. Types of residential uses that are more compatible with aircraft noise
. Future transit expectations for Highway 55 corridor.
. Regional population projections and Eagan's future housing needs.
. Is there potential for saturation or over planning for certain land uses.
. Discussion with Inver Grove Heights
The Council also selected alternative language outlined in the draft ordinance that would allow for the issuance of
building permits for repairs, tenant improvements consistent with the existing business park or expansion of business
park uses and to allow property owners to approach the City Council to request that their property be removed from
the study area if the Council were to determine that the proposed development would conform to the Comprehensive
plan and zoning code and that it would not conflict with the purpose of the moratorium.
Aye: 4 Nay: 1 (Councilmember fields opposed).
NEW BUSINESS
CONDITIONAL USE PERMIT - CEMSTONE PRODUCTS COMPANY
City Administrator Hedges stated the applicant has requested that this item be continued to the July 20, 2004 City
Council meeting.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a
Conditional Use Permit for a 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park
to the July 20, 2004 City Council meeting.
Aye: 5 Nay: 0
REZONING AND PLANNED DEVELOPMENT AMENDMENT
BLUE CROSS BLUE SHIELD
City Administrator Hedges introduced this item regarding a Rezoning of Yankee Place on 1750 Yankee Doodle
Road from Limited Industrial to Planned Development and a Planned Development Amendment to include Yankee
Place in the River Park Planned Development for properties located at 3400-3500 Yankee Drive and 1750-1800
Yankee Doodle Road. City Planner Ridley gave a staff report.
Roger Kleppe of Blue Cross Blue Shield discussed the proposed rezoning and planned development amendment.
Councilmember Tilley moved, Councilmember fields seconded a motion to approve a Rezoning of Yankee Place
(1750) Yankee Doodle Road) from Limited Industrial to Planned Development. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development
Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400 - 3500
Yankee Drive and 1750-1800 Yankee Doodle Road, subject to the following condition. Aye: 5 Nay: 0
1. The Planned Development Amendment Agreement must be executed and recorded.
PLANNED DEVELOPMENT AMENDMENT - WENTWORTH PARK
City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow
a change in building materials for the office condos, located at 4662-4672 Slater Road. City Planner Ridley gave a
staff report.
Brent Thompson, Mission Hills Development, discussed the proposed changes to the building materials.
Eagan City Council Meeting Minutes
July 6, 2004
Page 7
Councilmember fields moved, Councilmember Maguire seconded a motion to approve a Planned Development
Amendment to allow a change in building materials for the office condos, located at 4662-4672 Slater Road subject
to the following conditions. Aye: 5 Nay: 0
1. The Planned Development Amendment Agreement must be executed and recorded.
2. The architectural changes are approved as shown on the plan dated March 15,2004.
PRELIMINARY SUBDIVISION (KREITZ ADDITION)
JIM HUGHES
City Administrator Hedges introduced this item regarding a Preliminary Subdivision of 1.9 acres to create 2 single
family lots, for Lot 13, Block 7, Country Home Heights, located at 2890 Fairlawn Place. City Planner Ridley gave a
staff report.
Jim Huges, applicant, requested the shed on proposed Lot 2 be allowed to remain.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision
(Kreitz Addition) of 1.9 acres to create 2 single family lots, for Lot 13, Block 7, Country Home Heights, located at
2890 FairIawn Place, subject to the following conditions. Aye: 5 Nay: 0
1. The property shall be platted.
2. The shed on Lot 2 shall be removed prior to the issuance of any permit for Lot 2.
3. An individual tree preservation plan is required at the time of building permit for Lot 2.
4. The developer shall provide evidence ofXcel Energy's release ofa portion of the easement to allow
this proposed subdivision and construction ofa house on Lot 2, prior to final subdivision approval, in a
form acceptable to the City Attorney.
5. A cash dedication in lieu of on-site water quality ponding is required for this development.
6. A cash park and trail dedication for Lot 2 is due at time of building permit.
7. Architectural designs and construction methods shall incorporate sound attenuation standards sufficient
to achieve an interior sound level of 45 dBA.
ADMINISTRATIVE AGENDA
EAGAN HEIGHTS 3RD ADDITION - DIEDRICH BUILDERS
A request was made for Council to restate their decision regarding a request for a Planned Development Amendment
for Diedrich Builders on Lot 17, Eagan Heights 3rd Addition. The amendment included increasing the porch and
deck size on Lot 17. Council indicated that an increase of 7 feet to the deck would be acceptable.
Councilmember Fields moved, Councilmember Tilley seconded a motion to increase the deck size on Lot 17 from 5
feet wide to12 feet wide. Aye: 5 Nay: 0
A meeting of the Economic Development Authority was convened at 11 :00 p.m. The regular City Council meeting
was reconvened at 11: 15 p.m.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Eagan City Council Meeting Minutes
July 6, 2004
Page 8
ADJOURNMENT
Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the regular City Council
meeting at 11: 1 0 p.m.
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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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