04/20/2004 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 20, 2004
A Listening Session was held prior to the regular City Council meeting at 6:30 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 Wednesday, April 20, 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 Lord, City Attorney Bob Bauer
and Administrative Secretary / Deputy Clerk Mira McGarvey.
AGENDA
City Administrator Hedges noted that Fire Chief Kriha would be providing information regarding a recent grass fire
in the City.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:
5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
EAGAN TEEN ADVISORY BOARD
An update was provided by the Teen Advisory Board regarding their efforts to engage the teen community in
activities at the Community Center.
FIRE DEPARTMENT UPDATE
Fire Chief Kriha discussed the details of a fire on May 14th at the Minnesota River bottom.
CONSENT AGENDA
Items B, D, H, I, 0, and P were pulled from the Consent Agenda for discussion.
Councilmember Maguire moved, Councilmember Fields 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 April 7, 2004 regular City Council meeting,
and the April 13, 2004 special City Council meeting as presented.
B. Personnel Items.
2. It was recommended to approve the hiring of two persons to be recommended for hire as Police
Dispatchers, contingent upon successful completion of the City's required physical, psychological
and drug testing.
3. It was acknowledged that two persons approved to be hired as Utility Maintenance Workers at the
April 7, 2004 City Council meeting are Jay Morgan and Rick Nelson.
4. It was recommended to approve the hiring of Christopher Buntjer, Deb Buntjer, Melissa Buntjer,
Meghan Chappuis, Erik Johnsen, Gabrielle Johnson, Tori Julian, Nick Landauer, Christie Mason,
Matthew Mason, Mike Mason, Rachel Nygaard, Jill Petsinger, Alexander Phillips, Austin Phillips,
Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Kevin
Stevenson and Julie Wavrunek as part-time seasonal concessions workers.
5. It was recommended to approve the change in status of the Preschool Program Coordinator
position from Full-time Exempt to Part-Time Non-Exempt.
Eagan City Council Meeting Minutes
April 20, 2004
Page 2
6. It was recommended to approve a letter of agreement with the Clerical Bargaining Unit
(Teamsters Local 320) to establish provisions for their unit members for a Health Care Savings
Plan.
7. It was recommended to approve contracting with the firm of Riley, Dettmann & Kelsey to use the
RDK Job Evaluation System to perform job evaluations for positions at the City for Eagan during
2004.
C. Check Registers. It was recommended to ratify the check registers dated April 8, 2004, and April 15, 2004
as presented.
D. Arbor Day.
E. Agreement. It was recommended to authorize the Mayor to sign a License Agreement with Northwest
Airlines allowing installation of plant materials by the City on a portion ofNW A property as part ofthe
annual Arbor Day celebration.
F. Agreement. It was recommended to approve an agreement between the Eagan Community Center and
Heart Health Living, P.A. to provide cardiac rehabilitation maintenance program services and direct the
Mayor and City Clerk to sign the agreement document.
G. Final Payments - Community Center. It was recommended to approve final payment for contracts
completed for the Community Center project.
H. Temporary Liquor License
1. Findings of Fact.
1. Contract 03-12. Receive the bids for Contract 03-12 (TH 13 & Silver Bell road - Intersection
Improvements) and award the contract to Eureka Construction, for the Base Bid in the Amount of
$612,768.89, and authorize the Mayor and City Clerk to execute all related documents.
K. Project 901. It was recommended to receive the Feasibility Report or Project 901 (Blue Cross / Blue
Shield Well Field Development).
L. Agreement. It was recommended to approve an agreement between the City of Eagan on behalf of the
Eagan Teen Advisory Board and the Eagan Foundation, Inc. to allow the Eagan Foundation to serve as
fiscal sponsor for the Eagan Teen Advisory Board and direct the Mayor and City Clerk to sign the
agreement document.
M. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision to
create 35 single family lots (Terra Glenn Addition) and outlots on property east of Blue Cross Blue Shield,
'South of Yankee Doodle Road west of the City of Eagan Maintenance Facility in the NW Y4 of Section 16.
N. Amended Resolution to DNR Grant. It was recommended to approve an amended DNR Remediation Grant
Application and Authorize Signature for Submission.
O. Airport Relations Commission Communications Plan. This item was moved to the Administrative Agenda
P. Tobacco License.
04-32
B. Personnel Items.
a. Accept the Letter of Resignation from Rick Swanson Police Captain, who will be retiring
in September of this year after over 29 years of employment with the City of Eagan.
Captain Swanson was recognized by the Council and thanked for his years of service.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve item B of the consent
agenda - Personnel Items. Aye: 5 Nay: 0
D. Arbor Day. It was recommended to acknowledge Eagan as the recipient of the 2003 Tree City USA Award
from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 1 as
Arbor Day and May, 2004 as Arbor Month in the City of Eagan.
Councilmember Maguire encouraged the public to attend the Arbor Day festivities.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to acknowledge Eagan as the recipient 04-33
of the 2003 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution
setting Saturday, May I as Arbor Day and May, 2004 as Arbor Month in the City of Eagan.
Eagan City Council Meeting Minutes
April 20, 2004
Page 3
H. Temporary Liquor License for the Eagan Foundation.
City Administrator Hedges stated that in previous years the Eagan Foundation had requested that fees be waived for
their annual wine tasting event. This year, due to concern regarding budgetary constraints faced by the City, the
Foundation submitted the $150.00 fee.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a temporary liquor license for
the Eagan Foundation. Aye: 5 Nay: 0
L 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.
City Administrator Hedges stated that the applicant's attorney submitted a request for continuance of this item.
Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of the 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 - 3928 Cedar Grove Parkway until the May 18,2004
Council meeting. Aye: 5 Nay: 0
P. A License to Sell Tobacco Products for AI Baker's Restaurant.
Councilmember Tilley suggested that discussion be held at a worksession regarding banning smoking in restaurants.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a License to Sell Tobacco
Products for AI Baker's Restaurant. Aye: 4 Nay: 0 Abstain: Tilley
APPOINTMENT OF ADVISORY COMMISSION MEMBERS
City Administrator Hedges discussed the interview process that had taken place on April 13, 15 and 19,2004.
Assistant to the City Administrator Lord went on to explain the ballot matrix that would be used for voting on
members for each commission.
Councilmembers were provided with ballots. The results were as follows:
Advisory Planning Commission
Ted Gladhill
Duane Bendt
Steven Chavez
Peter Dugan
Paul Leeder
Jennifer Matthees
3 year term
3 year term
3 year term
2 year term
I year term
I year alternate term
Advisory Parks and Recreation Commission
Margo Danner
Mark Filipi
Muhammad Lodhi
Duane Hanson
3 year term
3 year term
3 year term
1 year alternate term
Eagan City Council Meeting Minutes
April 20, 2004
Page 4
Economic Development Commission
Nadim Zoberi
Greg Wilken
Kimberly Feller
Christopher Nelson
3 year term
3 year term
1 year term
1 year alternate term
Airport Relations Commisson
Dean Hachnel
Dan Flanagan
Valerie Dosland
Jason Bonnet
3 year term
3 year term
3 year term
1 year term
Burnsville/Eagan Telecommunications Commission
Michael Owens
1 year alternate term
Councilmember Tilley moved, Councilmember Maguire seconded a motion to ratify appointments to the advisory
commissions. Aye: 5 Nay: 0
PUBLIC HEARINGS
PROJECT 851, TOWN CENTRE AREA
STREET AND ACCESS MANAGEMENT IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the Final Assessment RoIl for Town Centre Area street
and access management improvements. Public Works Director Colbert gave a staff report. He noted that one
objection letter has been received.
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 Fields seconded a motion to approve the Final Assessment Roll for
Project 851 (Town Centre Area - Street & Access Management Improvements) and authorize its certification to
Dakota County for collection. Aye: 5 Nay: 0
PROJECT 882, CRESTRIDGE LANE
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for Crestridge Lane street overlay
improvements. Public Works Director Colbert gave a staff report. He noted that one written objection had been
received.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for
Project 882 (Crestridge Lane - Street Overlay Improvements) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
April 20, 2004
Page 5
NEW BUSINESS
PRELIMINARY SUBDIVISION (SCHWANZ ADDITION) - WENZEL FINANCIAL
City Administrator Hedges introduced this item regarding the Preliminary Subdivision (Schwanz Addition) to create
8 twin home lots for property located at 3200 Pilot Knob Road and a 3 percent Variance to allow lots 2 through 7 a
building coverage of23 percent. City Planner Ridley gave a staff report.
Richard LeMay, 1385 Jurdy Road, expressed his opposition to the proposed access from Jurdy Road.
The City Council and staff discussed the Jurdy Road and Pilot Knob Road intersection and the Dakota County
requirement prohibiting direct access from the site to Pilot Knob Road.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision
(Schwanz Addition) to create 8 twin home lots for property located at 3200 Pilot Knob Road, 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: Al,Bl,2,3,4,Cl,2,4,Dl,El.
2. The property shall be platted.
3. Architectural designs and construction within the development would incorporate sound
attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a
noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an
inside noise level reduction of at least 20 dBA
4. Sewer and water service pipes to the existing house to be removed (3200 Pilot Knob Road) shall
be abandoned in accordance with City engineering standards.
5. All existing well and septic systems on the site shall be abandoned in accordance with Dakota
County and City standards as part of this development.
6. The developer shall obtain the necessary public drainage and utility easement allowing for the
proposed storm sewer and ponding area on Lot 2, Block 1 Effress Addition, prior to final
subdivision approval.
7. The developer shall provide evidence of a private easement agreement allowing for the private
street turnaround on Lot 2, Block 1 Effress Addition, in a form acceptable to the City Attorney,
prior to final subdivision approval.
8. The development is subject to cash park and trails dedication.
9. The developer shall provide evidence of a declaration of easement establishing the access to the
lots and maintenance of the private road.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a 3 percent Variance to allow
lots 2 through 7 a building coverage of23 percent, for the Schwanz Addition subject to the following condition.
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.
INTERIM USE PERMIT - SOWLES PROPERTIES
City Administrator Hedges stated that the applicant has requested consideration of an Interim Use Permit be
continued.
Eagan City Council Meeting Minutes
April 20, 2004
Page 6
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of an Interim
Use Permit for Sowles Properties to the May 18,2004 City Council meeting. Aye: 5 Nay: 0
ORDINANCE AMENDMENT - CITY OF EAGAN
City Administrator Hedges introduced this item regarding a proposed Ordinance Amendment modifying Chapter 13,
Section 13.40, Subd. 3, regarding Variances. City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt an Ordinance Amendment
modifying Chapter 13.40, Subd. 3, regarding Variances. Aye: 5 Nay: 0
DIRECTION REGARDING RETAIL SALES OF NON-EXPLOSIVE/NON AERIAL
FIREWORKS PERMIT AND FIREWORKS DISPLAY PERMIT
City Administrator Hedges introduced this item regarding a request by Community Development Department staff
for direction regarding the licensing of the sale of fireworks and permits for firework displays. Community
Development Director Hohenstein and Chief Building Official Schoeppner gave a staff report.
Discussion was held regarding specifics of the permitting process such as the location of temporary tents, duration
and fees for permits and the possibility of issuing conditional use permits. Staff was directed to provide additional
information to the council while proceeding with the preparation of an ordinance amendment.
ADMINISTRATIVE AGENDA
2004-2005 EAGAN AIRPORT RELATIONS COMMISSION COMMUNICATIONS PLAN
Councilmember Fields acknowledged the work that was done on the 2004-2005 Eagan Airport Relations
Commission Communications plan by the Commission and by Assistant to the City Administrator Lord. Discussion
was held regarding notification of residents living in effected areas. It was agreed that further discussion should be
held with the Airport Relations Commission.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of the 2004-
2005 Eagan Airport Relations Commission Communications Plan until a worksession in June. Aye: 5 Nay: 0
RESOLUTION IN SUPPORT OF THE MSP NOISE OVERSIGHT COMMITTEE RECOMMENDATION
FOR NOISE MITIGATION IN RESIDENTIAL AREAS.
Assistant to the City Administrator Lord provided background information regarding the MSP Noise Oversight
Committee recommendation for noise mitigation in residential areas.
Councilmember Fields moved, Council member Tilley seconded a motion to approve a resolution in support of the
MSP Noise Oversight Committee recommendation for noise mitigation in residential areas. Aye: 5 Nay: 0
04-34
DEPARTMENT OF NATURAL RESOURCES METRO GREENWAYS GRANT AGREEMENT
City Administrator Hedges provided an overview of the Department of Natural Resources Metro Greenways Grant
Agreement.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Department of Natural
Resources Metro Greenways (LCMR) Grant Agreement and authorize the Mayor and City Clerk to execute the
agreement subject to the City Attorney's satisfaction wit he agreement form. Aye: 4 Nay: 0 Carlson abstained.
Councilmember Carlson moved, Councilmember Fields seconded a motion to recess the regular Council meeting and
immediately convene a closed session meeting at 9:45 p.m.
Eagan City Council Meeting Minutes
April 20, 2004
Page 7
The regular City Council meeting was reconvened at 10: 1 0 p.m.
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 10:30 p.m. l
;j-,Je> -tJl- .--
Date
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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.