06/01/2004 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 1,2004
A regular meeting of the Eagan City Council was held on Tuesday, June 1,2004 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, Assistant to City Administrator Dianne Miller, City Attorney Mike Dougherty and
Administrative Secretary / Deputy Clerk Mira McGarvey.
AGENDA
City Administrator Hedges noted that the following items would be continued. Consent Agenda items Sand T; Old
Business items A and C; and New Business Item F. He also noted that the Economic Development Authority
meeting would be cancelled.
Councilmember TilIey moved, Councilmember Carlson seconded a motion to approve the agenda as amended.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENT A TIONS
POLICE STAFF AND CITIZENS WHO HAVE SHOWN EXEMPLARY SUPPORT OF PUBLIC SAFETY
Recognition was given to Fire Chief Bob Kriha, his son, Dan Kriha and Eagan Citizen Gerilyn Kusnierek for
recently saving the life of Colonel Robert Haggan. Colonel Haggan subsequently donated defibrillator equipment to
the Eagan Fire Department and was recognized for the donation.
PUBLIC ACCESS DEFIBRILLATION
A presentation was made by ChiefTherkelsen and Health East on a proposed Public Access Defibrillation Program
for the City.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution in support of the 04-41
Public Access Defibrillation Program. Aye: 5 Nay: 0
2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT
City Administrator Hedges introduced this item regarding the 2003 Comprehensive Annual Financial Report. Matt
Mayer of Kern, DeWenter, Viere, Ltd., along with Chief Financial Officer Tom Pepper, made a presentation.
Councilmember Fields moved, Councilmember TilIey seconded a motion to receive and accept the 2003
Comprehensive Annual Financial Report (CAFR). Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Fields 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 May 18, 2004 regular City Council meeting
and the May 11, 2004 special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Tara Lefler and Ryan Perkl as seasonal water
resources assistants.
2. It was recommended to approve the hiring of Rachel Sablack as a skating school instructor.
Eagan City Council Meeting Minutes
June 1,2004
Page 2
3. It was recommended to approve the hiring of Kimberly Drebenstedt as a part-time guest service
representative at the Community Center.
4. It was recommended to approve the 2004-2005 collective bargaining agreement with the Police
Sergeants bargaining unit (Law Enforcement Labor Services, Inc.).
5. It was recommended to approve the2004-2006 collective bargaining agreement with the Public
Works/Parks Maintenance bargaining unit (Teamsters Local 320).
C. Check Registers. It was recommended to ratify the check registers dated May 20, 2004, and May 27,2004
as presented.
D. Sale of City Property. It was recommended to approve the proposal for the sale of City Property at the
northwest corner of Highway 3 and Diffley Road to Excel Development in the amount of$475,000.
E. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial
for variances to lot coverage for Lots 2, 3, 4,6,7,8, 12, 13, 14 Block 1, Marcella Woods.
F. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision
(Nicols Ridge) for phase I and Final Planned Development to create 88 lots, 56 attached townhomes, and 32
row houses (8 buildings, 4 each) for property in the SW Y4 of Section 19 south of Cedarvale Mall.
G. Agreement. It was recommended to approve a Letter of Understanding between the City of Eagan and
Health Partners and authorize the Mayor and City Clerk to sign the appropriate documents to initiate the
Health Partners Frequent Fitness Program at the Eagan Community Center effective July 1, 2004.
H. Revised Eagan Community Center Membership Fees. It was recommended to approve the revised Eagan
Community Center fitness membership fees to include classes effective September 1,2004 through January
1,2006.
I. Project 905. It was recommended to receive the draft feasibility report for Project 905 (Long
AcresILebanon Hills Regional Park - Storm Sewer Improvements) and schedule a public hearing to be held
on July 6, 2004.
J. 5 Year CIP. It was recommended to approve the 5-year Capital Improvement Plan for 2005-2009 and
authorize the initiation of the pubic improvement process for the 2005 programmed improvements.
K. Winter Trail Maintenance Program. It was recommended to approve the Winter Trail Maintenance
Program for 2004-2005.
L. Project 790R. It was recommended to approve the Final Assessment Agreement with Unisys Corporation
(Parcell 0-79950-020-01) for Project 790R (Central Parkway - Street & Utility Improvements) and
authorize its certification to Dakota County for collection.
M. 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, July 29,2004.
N. 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 Dakota County Transportation
Department and authorize the Mayor and City Clerk to execute all related documents.
O. Project 01-T. It was recommended to acknowledge the completion of Contract 01-T (Eagan Preserve-
Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions.
P. 2004 Parks and Recreation Department CIP. It was recommended to approve the Parks and Recreation
Department's 2004 CIP.
Q. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement that would allow the
City of Eagan to continue its participation in the Dakota County Drug Task Force.
R. Minutes. It was recommended to approve a revision to the Listening Session Minutes of May 4,2004.
S. Findings of Fact. Withdrawn from agenda
T. Findings of Fact. Withdrawn from agenda
U. Consumer Fireworks Sales Applications. It was recommended to approve license applications for fireworks
sales pending successful review of applications and background checks for the following: Cub Foods,
Sam's Club, All American Recreation, Byerly's, Wal-Mart, Collectors Paradise, Grace Slavic Baptist
Church, Valley Lounge, Target and Oasis Markets.
V. Project 759R. It was recommended to approve a revised public hearing date for Project 759R (Cedar
Grove Parkway - Street Improvements) to be held on July 6, 2004.
W. Management Plan - Anderson Parcel. It was recommended to adopt the resolution approving the
management plan for the Anderson Parcel, and authorize Mayor's signature.
04-42
04-43
Eagan City Council Meeting Minutes
June 1,2004
Page 3
X. Extension of Plat. It was recommended to approve a 30 day extension to the 60-day recording deadline to
record the Patrick Eagan Park Addition plat through July 7, 2004.
PUBLIC HEARINGS
DRAINAGE AND UTILITY EASEMENT VACATION - 4648 F AIRW A Y HILLS DRIVE
City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility
easement on Lot 7, Block,l Fairway Hills. Public Works Director Colbert gave a staff report.
Mayor Geagan opened the public hearing.
Joe Miller, adjacent property owner, expressed concern regarding drainage onto his property. Public Works
Director Colbert stated staffwill be reviewing plans for the revised drainage pattern.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of
public drainage and utility easement on Lot 7, Block 1, Fairway Hills and authorize the Mayor and City Clerk to
execute all related documents. Aye: 5 Nay: 0
PROJECT 669 - DUCKWOOD RING ROAD OFFICIAL MAP
City Administrator Hedges introduced this item regarding the Duckwood Drive - Ring Road Concept official map.
Public Works Director Colbert gave a staff report.
Mayor Geagan opened the public hearing.
Three residents spoke expressing their opposition to the Ring Road concept plan. They discussed increased noise
levels and safety issues in relation to increased traffic congestion and asked that Council involve residents in the area
prior to making a final decision. Staff and Council explained that neighborhood meetings and public hearings would
be held prior to any final plans for the Ring Road proceeding.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the City of Eagan Right of
Way Map No. 669-2 for Project 669 (Duckwood Drive - Ring Road Concept) and file the official map with the
County Recorder. Aye: 5 Nay: 0
OLD BUSINESS
REZONING - CEDARSTONE DEVELOPMENT
This item was continued with the adoption of the agenda.
REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT-
METROPOLITAN OFFICE CONDOS LLC
City Administrator Hedges introduced this item regarding a proposed rezoning from LB, Limited Business to PD,
Planned Development, a Preliminary Subdivision (Northwood Office Condos) to create six lots and a Preliminary
Eagan City Council Meeting Minutes
June 1, 2004
Page 4
Planned Development to allow multiple office condos on property located between Pilot Knob Road and Interstate
3SE. City Planner Ridley gave a staff report.
Jim Faulker, Faulkner Construction, made a presentation, along with one of the owners of the proposed dental
building who discussed signage for the building. A representative of Metropolitan Office Condos discussed the
proposed exterior building materials of the office condos.
Councilmembers discussed the design and configuration of the proposed buildings, and signage issues. It was agreed
to continue consideration of the planned development to allow the developer additional time to provide information
regarding the following:
1. More brick and detailing on back and sides of office condo buildings (excluding dentist's building)
2. Detailed site plans locating all monument and pylon signs
3. More compatibility and consistency in monument signs (different options)
4. Pylon size options
5. Break in rear roof line of the office condo buildings
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Rezoning,
Preliminary Subdivision and Preliminary Planned Development for property located East of Pilot Knob Road at
Marice Drive between Sherman Court and 1-35E to the June IS 2003 Council meeting. Aye: 5 Nay: 0
REZONING - ROBERT F. MCDONALD
This item was continued to the June 15,2004 City Council meeting during the adoption of the agenda.
EASEMENT ACQUISITION AND ASSESSMENT AGREEMENT
CITY OF EAGAN AND CEDAR V ALE BUSINESS CENTER
CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS
City Administrator Hedges provided an overview of an Easement Acquisition and Assessment Agreement between
the City of Eagan and Cedar Vale Business Center, a Conditional Use Permit for a pylon sign and a variance of 10
feet to the sign setback requirement on property located at 3902-3938 Cedar Grove Parkway. These items were
continued from previous City Council meetings. Community Development Director Hohenstein discussed the status
of the easement acquisition and assessment agreement. City Planner Ridley gave an update regarding the conditional
use permit and variance.
Discussion was held regarding the Easement Acquisition and Assessment Agreement and the size of the pylon sign.
Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve an Easement Acquisition
and Assessment Agreement between the City of Eagan and the Cedarvale Business Center for property located at
3902-3938 Cedar Grove Parkway. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for
a pylon sign, located at 3902-3938 Cedar Grove Parkway, 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 90 days
of approval.
2. A sign permit shall be obtained from the City prior to installation of the pylon sign.
3. The applicant must petition the City to vacate the drainage and utility easement.
4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such
vacation is denied, the sign shall be located outside of the drainage and utility easement.
S. The existing free-standing sign shalI be removed prior to instalIation of the pylon sign.
Eagan City Council Meeting Minutes
June 1,2004
Page 5
6. The pylon sign shall be located as shown on the site plan received by the City on October 15,2003 and
designed as shown on the plan dated June 1,2004.
7. A curbed, landscaped island shall be provided around the pylon sign within the parking lot. A
landscape plan shall be submitted with the sign permit application for staff review and approval and
shall be implemented with the instaIlation of the sign.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance often feet to the
sign setback requirement, for property located at 3902-3938 Cedar Grove Parkway. Aye: S Nay: 0
WESCOTT WOODLANDS
"NO PARKING" PETITION
City Administrator Hedges introduced this item regarding a request for "No Parking" signs on the cul-de-sac at the
south end of Wescott Woodlands. Public Works Director Colbert gave a staff report. Chief of Police Therkelsen
stated the Police Department is in favor of the "No Parking" restriction.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the request to install "No
Parking" signs on the cul-de-sac at the south end of Wescott Woodlands and order the installation of the signs.
Aye: 5 Nay: 0
INTERIM USE PERMIT - RESOURCE ENVIRONMENTAL SERVICES
City Administrator Hedges introduced this item regarding the continuation of a compost site on Outlots G & H
Gopher Eagan Industrial Park 2nd and Lot I, Block I, Gopher Eagan Industrial Park 2nd Addition. City Planner
Ridley gave a staff report.
John Tapper, Gopher Resources, discussed the compost site and the request for continuation of the Interim Use
Permit.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an Interim Use Permit to
allow continuation of a compost site on Outlots G and H Gopher Eagan Industrial park 2nd Addition located at 80S
Yankee Doodle Road, subject to the following conditions. Aye: 5 Nay: 0
1. The permit shall expire June 1,2009.
2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council.
3. 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.
4. An irrigation system shall be install, operated and maintained to control dust.
INTERIM USE PERMIT - CEDAR GROVE PROPERTIES, LLC
City Administrator Hedges introduced this item regarding an Interim Use Permit to allow the continuation of an
existing school for Independent School District 191 located at 3920-3988 Sibley Memorial Highway. City Planner
Ridley gave a staff report.
Dianne Peterson, representing the property owner, and representatives of ISD 191 were present to answer questions.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to
allow for 6,000 square feet of the existing Cedarvale Shopping Center to continue to be used as a special needs
program for School District 191, located at 3920-3988 Sibley Memorial Highway subject to the following
conditions: Aye: 5 Nay: 0
1. The permit shall terminate upon the earlier of redevelopment or July 31,2008.
Eagan City Council Meeting Minutes
June 1, 2004
Page 6
2. The Interim Use Permit shall be recorded within 60 days of approval by City Council.
3. 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.
4. School operations shall be limited to 8:00 a.m. - 3:00 p.m.
5. All students shall be bussed to and from the site.
6. No school recreational activities shall be allowed on-site outside of the Cedarvale building.
PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT
EXTERIOR DESIGN AND SIGNAGE
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow design, size
and location changes to the building signage, the addition of a vestibule and arched canopy roof to the building
facade, a reduction in height of the center unit space, elimination of seven cabled canopies, and the addition ofa
decorative metal rail above the windows on three building elevations on one of the commercial buildings on property
located at 1625 Lena Court. City Planner Ridley gave a staff report.
Kurt Manley, Manley Land Development discussed the proposed design changes to the planned development.
Councilmember Maguire stated his concern and displeasure with the developer's explanation of how the work was
performed prior to Council approval.
CounciImember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development
Amendment to allow design, size and location changes to the building signage, the addition of a vestibule and arched
canopy roof to the building fayade, a reduction in height of the center unit space, elimination of seven cabled
canopies, and the addition of a decorative metal rail above the windows on three building elevations on one of the
commercial buildings on property located at 1625 Lena Court, legally described as Lot 2, Block 1, Centennial Ridge
2nd Addition, in the NW t.4 of Section 28, subject to the following conditions. Aye: 4 Nay: I Maguire opposed
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 or building permit.
2. A sing permit must be obtained prior to installation of any sign.
3. A building permit must be obtained prior to completion of the vestibule and canopy.
4. The Planned Development Amendment approval is for building 2 only. Any proposed changes to
building 1 would require further Planned Development Amendment approval from the City Council.
PLANNED DEVELOPMENT AMENDMENT
SPEEDW A Y SUPERAMERICA, LLC
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor
display at the Super America store, located at 2250 Cliff Road. City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow outdoor display at the Super America store, located at 2250 Cliff Road subject to the following
conditions. Aye: 5 Nay: 0
1. The Planned Development Amendment Agreement must be executed and recorded.
2. The display area is limited to 60 square feet.
3. The display area shall not extend more than five feet from the principal building and shall not exceed
four feet in height.
4. The location ofthe display area is limited to the area designated on the site plan.
5. No items for display or storage are allowed at the gas pumps.
6. The items for display are limited to firewood, windshield washer fluid, salt, propane, and soda.
Eagan City Council Meeting Minutes
June 1,2004
Page 7
PLANNED DEVELOPMENT A.MENDMENT - PELLICCI, INC,
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor
storage at 1565 Cliff Road. City Planner Ridley gave a staff report.
Safety issues were discussed in relation to a proposed propane tank at the rear of the building in close proximity to a
daycare center, the visibility of the tank to Lifetime Fitness and the appropriateness of the tank at the strip retail
center.
Councilmember Tilley moved, Council member Maguire seconded a motion to approve a Planned Development
Amendment to allow outdoor display at the hardware store in Thomas Lake Center, located at 1565 Cliff Road
subject to the following conditions. Aye: 5 Nay: 0
I. The Planned Development Amendment Agreement must be executed and recorded.
2. The display area is limited to 60 square feet in the aggregate.
3. The display area shall not extend more than five feet from the principal building and shall not exceed
four feet in height.
4. The location of the display area and items to be displayed is on the south side, in front of the building.
5. The items for display are limited to lawn and snow equipment, salt, soils and mulch.
Councilmember Tilley moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare
Findings of Fact for Denial of a planned development amendment to allow the outdoor storage of a propane tank on
property located at 1565 Cliff Road. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT - MSP COMMERCIAL
Continued to the June 15,2004 City Council meeting with adoption of the agenda.
PLANNED DEVELOPMENT AMENDMENT - DIEDRICH BUILDERS, INC,
City Administrator Hedges introduced this item regarding a Planned Development Amendment to increase the berm
along Diffley Road by two feet and to increase the porch size for Lots 5, 9, 10 and 17 and to add a two foot
cantilever on the units on Lots 5, 8, 9, and 10 for Eagan Townhomes 3rd Addition. City Planner Ridley gave a staff
report.
Bill Diedrich, Diedrich Builders, discussed the proposed increases to the porch sizes. The owners of one ofthe
town home units were present to discuss their desire for additional porch space.
A neighboring resident expressed concern over future construction and the visual intrusion into existing units.
The Council, staff and applicant discussed the possibility of additional landscaping.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to increase the berm along Diffley Road by two feet for Eagan Townhomes 3rd Addition, subject to the
following condition. Aye: 5 Nay: 0
I. The Planned Development Amendment Agreement must be executed and recorded.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Planned
Development Amendment to increase the porch size for Lots 5, 9, 10 and 17 and to add a two foot cantilever on the
units on Lots 5, 8 9 and 10 until the June 15,2004 meeting. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
June 1,2004
Page 8
PLANNED DEVELOPMENT AMENDMENT - MSB TIRES, LLC
City Administrator Hedges introduced this item regarding a planned development amendment to allow a vehicle
maintenance and repair service located at 2270 Cliff Road. City Planner Ridley gave a staff report.
Jim Diamond, representing MSB Tires, LLC was present to answer questions of the Council.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development
Amendment to allow a vehicle maintenance repair service (Tires Plus, Oil Lube) on Lot 1, Block 1, Oak Cliff 9th
Addition, subject to the following conditions. Aye: 5 Nay: 0
I. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City
prior to building permit issuance.
2. The following exhibits are required for the Final Planned Development Agreement:
a. Final Site Plan
b. Final Landscape Plan
c. Final Building Elevations Plan
d. Final Signage Plan
e. Final Lighting Plan
3. The proposed Tires Plus and Lube shall match the adjacent Super America and Penn Cycle stores both
in color and materials.
4. Signage is limited to the Final Signage plan, additional signage will warrant a PD Amendment.
5. All rooftop mechanical equipment shall be screened from view of all public rights-of-way ad adjacent
properties.
6. A revised Site plan shall be submitted reflecting a minimum of22% green space.
7. The pylon sign shall not have sign area or sign height that exceeds the smaller of the existing pylon
signs for SuperAmerica or Penn Cycle (90 s.f. and 27').
8. The applicant shall provide evidence, in a form acceptable to the City Attorney, of private drive
easement serving this property.
9. The developer shall be responsible for a cash park and cash trails dedication at the time of building
permit.
10. Window signage (except open/closed and hours of operation) shaIl be prohibited.
11. A ten square foot directional sign for the oil change facility shall be allowed as proposed by the
applicant.
VISITORS TO BE HEARD
Patrick Murphy expressed concern regarding the number of cars being parked on and adjacent to property
neighboring his home. He stated there are as many as nine cars being parked there. Council instructed staff to
investigate the situation and follow up with Mr. Murphy.
ADJOURNMENT
\
Date
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.