05/18/2004 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
May 18, 2004
A Listening Session was held prior to the regular City Council meeting in the Eagan Room of the Municipal Center.
There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, May 18,2004 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 a request had been made by the applicants for item N under the Consent
Agenda and item A under Old Business to be continued to the June 1,2004 meeting.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda, continuing item N
under the Consent Agenda and item A under Old Business until the June 1,2004 City Council meeting.
Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Maguire 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 April 15, 2004 and April 19, 2004 Special
City Council meeting, the May 4, 2004 regular City Council meeting and the May 4, 2004 Listening Session
minutes as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Ray Kingsley and Anna V olk as Community Service
Officers in the Police Department, contingent upon successful completion of physical,
psychological and drug testing requirements.
2. It was recommended to approve the hiring of Joy McLean as a Clerical Technician III in
Community Development.
3. It was recommended to approve the hiring of Leon Weiland for the position of Construction
Inspector.
4. It was recommended to approve the hiring of Jennifer Lockie as a Police Dispatcher.
5. It was recommended to approve the hiring of Steven Jezusko, Alex Kabakov and Laura Schannach
as part-time Building Attendant/Concession Workers at the Community Center.
6. It was recommended to approve the hiring of Jackie Carlson, Jennifer Culbertson, Lindsey Dulin,
Laura Eide, Maggie Elliott, Nicole Farlee, Jennifer Gerde, Katie Gerloff, Kristin Giles, Michelle
Hanninen, Kalin Laurent, Travis Laurent, Katherine Maruish, Dana Mueller, Darissa Schindle,
Jennifer Sparks, Amber Stevenson, and Stephanie Westerlund as seasonal part-time Recreation
Leaders.
7. It was recommended to approve the hiring of Cherie Anderson, Erick Bertelsen, Steven Bringgold,
Kelly Colbert, Katy Donnedelinger, Lauren Donovan, Angelea Dooley, Laura Farlee, Luke
Garrison, Allison Girres, Paul Hanninen, Nicholas Landauer, Kathryn Mustonen, Natalie
Norenberg, Emily Pollock, Alicia Schindle, Kelli Schlittler, Kevin Stevenson, Aaron Strey,
Angelle Theriot, Aleecia Svien, Megan Williams and Kelli Wood as seasonal part-time Recreation
Assistants.
8. It was recommended to approve the hiring of Christie Mason and Erin Stevenson as seasonal part-
time Recreation Site Coordinators.
Eagan City Council Meeting Minutes
May 18, 2004
Page 2
9. It was recommended to approve the hiring of Alyssa Kane as a seasonal part-time Recreation
Leader/Site Coordinator.
10. It was recommended to approve the hiring of Meghan Chappuis as a seasonal part-time Recreation
Program Assistant.
11. It was recommended to approve the transfer of Officer Joe Marshall from the patrol division to the
detective unit to assume the responsibilities as a School Resource Officer.
12. It was recommended to approve the hiring of Morli McNally as a temporary Election Supervisor
for the 2004 primary/general elections.
13. It was recommended to approve the change in status of the Skating School Director position from
part-time (3/4) to full-time exempt.
C. Check Registers. It was recommended to ratify the check registers dated May 6, 2004, and May 14, 2004
as presented.
D. Enterprise Funds. It was recommended to approve designation of all Enterprise Funds as "major" funds in
the Comprehensive Annual Financial Report.
E. Proiect 759R. It was recommended to receive the Final Assessment Roll for Project 759R (Cedar Grove
Parkway - Street Improvements) and schedule a public hearing to be held on June 15,2004.
F. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of-way and
schedule a public hearing to be held on July 6, 2004.
G. Contract 04-05. It was recommended to authorize the preparation of Detail Plans and Specs by WSB &
Associates for Contract 04-05 (Wells #20 & 21 - Development and pumping Equipment).
H. Contract 03-05. It was recommended to approve the final payment for contract 03-05 (Pond JP-47 - Water
Quality Improvements)
I. Contract 04-08. It was recommended to approve the plans and specifications for Contract 04-08 (2004
City-Wide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11 :00
a.m. on Thursday, June 10,2004.
J. Change Order #1. Contract 04-02. It was recommended to approve Change Order #1, Contract 04-02
(Lakeside Estates/Wilderness Park 2nd & 3rd / Lake Park Shores / Diffley Frontage Roads - Street
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
K. Change Order #1. Contract 04-03. It was recommended to approve Change Order #1, Contract 04-03
(Coachman Road / Terminal Drive / Borchert Lane - Street & Utility Improvements) and authorize the
Mayor and City Clerk to execute all related documents.
L. Contract 04-04. It was recommended to approve the plans and specifications for Contract 04-04 (Lexington
Avenue, Trunk Highway 55 to Lone Oak Road - Street and Utility Improvements) and authorize the
advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 10,2004.
M. Contract 04-07. It was recommended to approve the plans and specifications for Contract 04-07 (Lexington
Ridge Court - Street Improvements) and authorize the advertisement for a bid opening to be held at 11 :00
a.m. on Thursday, June 10,2004.
N. Findings of Fact. Continued to June 1,2004. Findings of Fact, Conclusions and Resolution of Denial for a
Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for
property located at 3902 - 3938 Cedar Grove Parkway.
O. Reject Sale of Property - NW Corner of Highway 3 and Diffley Road. Continued to June 1,2004.
P. Change Order. It was recommended to approve Change Order # 18, which is a total deduct amount of
$1,206.00 for the Eagan Community Center building.
Q. final Payment. It was recommended to approve final payment for contracts completed for the Community
Center and band shell project.
R. Dakota County Entitlement CDBG Programs. It was recommended to continue consideration ofthe City
election to defer its individual Community Development Block Grant entitlement status to Dakota County
and participate in the Dakota County Entitlement CDBG Program and the Dakota County Consortium
HOME Program for federal fiscal years 2005-2007.
PUBLIC HEARINGS
VARIANCES - MARCELLA WOODS - WRIGHT HOMES, INC.
City Administrator Hedges introduced this item. City Planner Ridley gave a staff report.
Eagan City Council Meeting Minutes
May 18, 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.
The applicant discussed the requested variances. He stated that the buyers of Lot 5 would like to add a roof on a
deck on Lot 5 and is requesting a variance for that lot as well.
City Planner Ridley noted that the published and mailed notice sent to surrounding property owners did not include a
variance for Lot 5.
Councilmembers discussed the requested variances for undeveloped lots and agreed that the proposed houses are too
big for the lots based on the 20 percent building coverage standard.
Councilmember Maguire moved, Councilmember Fields seconded a motion to direct Findings of Fact for denial of
Variances to exceed the 20 percent lot coverage for Lots 2,3,4,6, 7, 8, 12, 13, and 14, Block 1, Marcella Woods
Addition, located on Grace Drive in the SW y.. of Section 34 Aye: 5 Nay: 0
VARIANCE - 4387 BENT TREE LANE - TODD & SUSAN JOHNSON
City Administrator Hedges introduced this item regarding a request for a variance to exceed 20 percent lot coverage
by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane. City Planner Ridley gave a staff
report.
Todd Johnson, applicant, discussed the proposed variance request.
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 a Variance to exceed 20
percent lot coverage by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane, 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 finish materials and color of the addition shall match the existing principle structure.
3. The addition shall be located a indicated on the site plan dated April 22, 2004.
4. Lot coverage shall not exceed 21.26 percent.
VARIANCE - 4745 PENKWE CIRCLE - KEITH & LORI ZIERDEN
City Administrator Hedges introduced this item regarding a request for a three foot Variance to the front yard
setback to allow an addition to an existing house, located at 4757 Penkwe Circle. City Planner Ridley gave a staff
report.
Lori Zierden, applicant, explained the need for the proposed variance.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a three foot Variance to the
front yard setback to allow an addition to an existing house, located at 4757 Penkwe Circle, subject to the following
conditions: Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
May 18, 2004
Page 4
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
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 addition as indicated on the site plan dated April 23, 2004.
3. Building materials shall match the existing materials.
VARIANCE - 981 TRILLIUM COURT - CHRIS NEUMANN
City Administrator Hedges introduced this item regarding a Variance to exceed 20 percent lot coverage by just under
1 percent for an addition to the principal structure at 981 TrilIium Court. City Planner Ridley gave a staff report.
Chris Neumann, applicant, stated that his neighbors had no objection to the proposed variance.
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 a Variance to exceed 20
percent lot coverage by just under 1 percent for an addition to the principal structure at 981 Trillium Court; 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 finish materials and color of the addition shall match the existing principle structure.
3. The addition shaIl be located as indicated on the site plan dated April 26, 2004.
4. Lot coverage shall not exceed 21 percent.
OLD BUSINESS
REZONING - CEDARSTONE DEVELOPMENT
City Administrator Hedges stated the applicant has requested that this item be continued until the June 1,2004 City
Council meeting. Action was taken with the adoption of the agenda to continue this item.
CONDITIONAL USE PERMIT - W AL-MART
City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow payroll check cashing at
the check out registers at Wal-Mart located at 1360 Town Centre Drive which was continued from the May 4,2004
City Council meeting. He went on to provide overview ofa meeting that was held with members of the Wal-mart
and Sam's Club corporate office. Esthetics of the building and overall access to the site were discussed. Wal-mart
representatives indicated they would like to meet again to discuss future plans for the Wal-mart site.
Councilmember Carlson stated she preferred that no action be taken regarding further uses on the property until
other issues regarding Wal-mart and Sam's Club have been addressed. Councilmember Fields suggested an interim
use for the property might be more appropriate.
The applicant stated she was favorable to the continuance.
Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of a
Conditional Use Permit to allow a payroll check cashing at the check out registers at Wal-Mart to the June 15,2004
City Council meeting. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
May 18, 2004
Page 5
PLANNED DEVELOPMENT AMENDMENT TO ALLOW A DRIVE-THRU - WALGREENS
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a drive-thru
for the pharmacy at Walgreen's located at 2010 Cliff Road which was continued from the May 4,2004 City Council
meeting. City Planner Ridley gave a staff report.
Clark Wicklund, representing Walgreens, addressed stacking and traffic count projections and circulation solutions
for the proposed drive thru. Public Works Director Colbert discussed a modified design of the proposed median.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow a drive-thru for the pharmacy at Walgreen's located at 2010 Cliff Road subject to the May 12,
2004 plans and subject to the following conditions: Aye: 5 Nay: 0
1. The Planned Development Amendment Agreement must be executed and recorded.
2. A trash enclosure shall be constructed with similar materials as the principal building.
3. A detailed awning plan shall be submitted for the Planned Development Amendment Agreement.
4. Landscaping shall replace the painted bump out on the east side of the building.
5. The existing landscaping materials removed for the drive-thru shall be transplanted on site.
6. A revised site plan shall be submitted showing stacking for the drive-thru.
7. The narrowing of the service drive shall be transitioned beginning at the intersection with Rahncliff
Road.
NEW BUSINESS
TRAILS END ROAD "NO PARKING' SIGN PETITION
City Administrator Hedges introduced this item regarding a petition for "No Parking" signs on Trails End Road.
Public Works Colbert gave a staff report.
Jerome Grundmayer, President of the Eagan Oaks Townhomes Association discussed the request for the no parking
restriction.
Two residents spoke in opposition to the proposed no parking restriction.
Chief of Police Therkelsen stated there has been very insignificant concerns regarding public safety in the Trails End
Road area.
Councilmember Maguire moved, Councilmember Fields seconded a motion to deny the authorization of the
installation of "No Parking" signs on Trails End Road west of Elrene Road to Eagan Oaks Court on the north side
and to Ivy Lane on the south side. Aye: 5 Nay: 0
REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT
METROPOLITAN OFFICE CONDOS, LLC.
City Administrator Hedges introduced this item regarding a Rezoning of four acres from LB, Limited Business to PD
Planned Development, a preliminary planned development to create 22 town offices, common area and one dental
office, and a Preliminary Subdivision of 6.9 acres to create 7 lots for property located east of Pilot Knob Road at
Marice Drive between Sherman Court and I-35E. City Planner Ridley gave a staff report.
Mayor Geagan stated that issues raised by the Advisory Planning Commission have not been addressed and he would
prefer the item be continued until further information is submitted.
Eagan City Council Meeting Minutes
May 18,2004
Page 6
Clark Wicklund, representing the applicant, stated that he was prepared to present updated information.
Councilmembers agreed that the updated information should to be reviewed by City staff prior to presentation to the
Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Rezoning of
four acres from LB, Limited Business to PD Planned Development and a Preliminary Subdivision for property
located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E to the June 1,2004 City Council
meeting. Aye: 5 Nay: 0
REZONING, PRELIMINARY SUBDIVISION - EVERGREEN ENCLAVE
EPIC DEVELOPMENT
City Administrator Hedges introduced this item regarding a rezoning of7.7 acres from A, Agriculture to R-l, Single
Family Residential, a preliminary Subdivision of7.7 acres to create 12 lots at property located at 4195 Lexington
Way South; and a variance to the front setback on Diffley Road of 0 feet for the existing home and 18 foot front
setback from the private road on Lot 12, Block 1, Evergreen Enclave; a Variance to allow Lots 2 through 6, Lots 9
and 10 without public street frontage; and a Variance to allow construction of drives without curb and gutter for
Evergreen Enclave Addition. City Planner Ridley gave a staff report. Public Works Director Colbert discussed the
need for the installation of two sanitary sewer lift stations, the proposed rain gardens, the dead end watermain,
increased runoff due to a steep ravine and the design of the proposed streets within the development.
Rich Ragatz, Epic Development, discussed the proposal and stated the Code variances were necessary to maximize
tree preservation.
Floyd Rodmayer, read a letter that had been submitted to Council requesting a sound barrier fence.
Terry Davis, Chair of the Advisory Parks and Recreation Commission, was present and offered to address any
issues the Council might have in regard to the Parks and Recreation Commission action.
Councilmembers discussed the proposed development and agreed there were issues that need further review by the
Advisory Parks and Recreation and the Advisory Planning Commissions. The Council directed ajoint Advisory
Planning Commission and Advisory Parks and Recreation Commission meeting for June 10,2004 for purposes of
reviewing the proposed rain gardens (and maintenance of same) and street drainage. The Council also directed Mr.??
to prepare information that will provide a comparison of impacts between the proposed plan and one that meets all
City standards. Councilmembers discussed the fence and determined that such a barrier is not necessary.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration a Rezoning of
7.7 acres from A, Agriculture to R-l, Single Family residential for property located at 4195 Lexington Way South to
the June IS, 2004 City Council meeting. Aye: 5 Nay: 0
INTERIM USE PERMIT - SOWLES PROPERTY
City Administrator Hedges introduced this item regarding an interim Use Permit to allow outdoor storage on Part of
Government Lot 2, located at 3045 Highway 13 in the NW y.. of Section 9. This item had been previously discussed
at a Council work session. City Planner Ridley gave a staff report.
Mr. Sowles discussed the revisions to the proposed outdoor storage and stated that area residents did not object to
the plan.
Councilmember Carlson stated that she was opposed to storage of the crane on the property.
Murphy McCain, adjacent property owner stated they have no objection to the proposed outdoor storage on the
property.
Eagan City Council Meeting Minutes
May 18, 2004
Page 7
Councilmember Maguire moved, Councilmember TilIey seconded a motion to approve an Interim Use Permit to
alIow outdoor storage of equipment, materials, and current/late model cars, and a 97 foot tower crane, associated
with a site plan and item list, dated March 2, 2004 on Part of Government Lot 2, Section 9, Township 27, Range 23,
located at 3045 Sibley Memorial Highway, subject to the folIowing conditions. Aye: 4 Nay: 1 Carlson opposed.
1. The Interim Use Permit shalI be recorded at Dakota County Recorder's Office within 60 days of its
approval by the City Council.
2. The permit shall terminate upon the earlier of May 18, 2007.
3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such
review shalI 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 al interested parties being given an opportunity
to be heard.
4. All parking and storage areas shall be properly maintained and surfaced to prevent deterioration as
outlined in the memo dated March 7, 2004.
5. The outdoor storage items shall be limited to what is provided for with the site plan.
6. Trash receptacles shall be kept either inside the building or within an enclosure constructed according
to City Code.
7. Subject to site plan dated March 2,2004.
8. Upon recording the Interim Use Permit all other Conditional Use Permits for the property shall
terminate.
9. Storage must be related to a tenant ofthe building.
10. Applicant must submit a landscaping plan, which includes tress along the northwest side of the
property, prior to recording the Interim Use Permit.
COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT-
LOAN OAK DEVELOPMENT, LLC
COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT-
LAUKKA-BECK EAGAN PARTNERSHIP
City Administrator Hedges introduced two proposed Comprehensive Guide Plan Amendments and Planned
Development Amendments, of approximately 83 acres from Special Area/Office Service to Special Area/Medium
Density Residential, located on Lots 1 and 2, Block I, Silicon Graphics First Addition and Outlot D, Cray Second
Addition, located in the East half of Section 1; and approximately 26.9 acres from Special Area/Office Service to
Special ArealMedium Density Residential, located on Outlot N, Lone Oak in the NE \4 of Section lone being for 80
acres in northeast Eagan (Special Area 1) and the second for 27 acres located in the same area. City Planner Ridley
gave a brief planning report stating that the proposed developments require a Comprehensive Guide Plan
Amendment and a Planned Development Amendment.
Peter Coyle, Larkin and Hoffinan, and others, representing the applicants made a detailed presentation on their
proposal for residential uses within the subject property area, The zoning and Comprehensive Guide Plan history for
the site was discussed as well as existing conditions and use.
Gary Tushie, Tushie Montgomery Architects, made a presentation regarding the proposed residential development of
the property. He stated the primary design goal is to connect the residents to the natural environment.
Roy Ferman representing the Metropolitan Airports Commission, provided information regarding the impact to the
proposed residential uses of the parallel runways located at the Minnesota St. Paul Airport that are within 41/2 miles
of the subject property.
Heidi Hicock, Lone Oak Road, and Greg MiIler of Interstate Partners spoke in favor of proposed development.
Eagan City Council Meeting Minutes
May 18, 2004
Page 8
Peter Coyle, on behalf of the applicant is withdrawing the Comprehensive Guide Plan amendment request, but is
requesting the Planned Development Amendment and concept approval of their proposed development.
Discussion was held between Councilmembers, staff and the applicants regarding the proposed mix use of the
property, airport noise, and issues relating to the Inver Grove Heights border. A joint meeting with Inver Grove
Heights was discussed and it was agreed that legal issues regarding the property have to be addressed.
Mayor Geagan and Councilmembers suggested a 90 day extension for the review of the Planned Development
Amendment. Peter Coyle, on behalf of the applicant stated they would agree to an extension.
No action was taken on the item.
ADMINISTRATIVE AGENDA
It was noted that a Closed Session would be held to provide direction on collective bargaining as it relates to the
Police Sergeants and Public Works and Park Maintenance employees.
At 11 :35 p.m. the Mayor declared a meeting of the Economic Development Authority.
OTHER BUSINESS
RESOLUTION TO APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH
GRAND OAKS LLC FOR THE REDEVELOPMENT OF PROPERTY FOR THE GRAND OAKS FIVE
OFFICE PARK AND TO CONSIDER THE SALE OF CITY OWNED PROPERTY FOR THAT PURPOSE
Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt a Resolution To Approve
Amended and Restated Development Agreement with Grand Oaks LLC for the Redevelopment of Property For The
Grand Oaks Five Office Park and to Consider the Sale of City Owned Property for that Purpose. Aye: 5 Nay: 0
04-40
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 11 :45 p.m... /.. ,--j
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