04/07/2004 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 7, 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 7, 2004 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Geagan, Councilmembers, Fields, Tilley and Maguire. Councilmember
Carlson was out of town. 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
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented.
Aye: 4 Nay: 0
CONSENT AGENDA
Items S and V were pulled from the Consent Agenda for discussion.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance ofthe Consent
Agenda. Aye:4 Nay: 0
A. Minutes. It was recommended to approve the minutes of the March 16, 2004 regular City Council meeting,
the March 31, 2004 special City Council meeting, the March 16,2004 Board of Adjustments and Appeals
meeting, and the March 9, 2004 special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Benjamin Koenke and Thomas Weinzettel as Eagan
Police Officers contingent upon successful completion of required testing.
2. It was recommended to approve the hiring of Dave Westermayer as an Engineering Technician.
3. It was recommended to approve the hiring of persons to be recommended as Utility maintenance
Workers.
4. It was recommended to approve the hiring ofElia Kylo as a seasonal forestry technician.
5. It was recommended to approve the hiring of Jeremy Barrick as a seasonal tree inspector.
6. It was recommended to approve the hiring of Steve Stafford, Brett Sharp, Allen Mestad, Aaron
Guetzlaff, Ryan Tesky and Lindsey Taylor as seasonal landscape crew laborers.
7. It was recommended to accept the letter of resignation from Wayne St. Martin, Construction
Inspector.
8. It was recommended to accept the letter ofresignation from Dispatcher Tony Wrobel.
9. It was recommended to approve the Burnsville Eagan Television staffing allocation as presented to
both the Eagan and Burnsville City Councils on March 9, 2004 and to accept the 2004 budget as
amended.
10. It was recommended to approve the Policy regarding HIPAA Compliance as required by the
Privacy regulations of HIP AA.
C. Check Registers. It was recommended to ratify the check registers dated March 18,2004, March 25, 2004
and April 1, 2004 as presented.
D. Day of Praver. It was recommended to proclaim May 6,2004 as A Day of Prayer in the City of Eagan.
E. Gambling Exempt Permit. It was recommended to adopt a resolution approving a Minnesota Lawful
Gambling Exempt Permit for the Eagan Foundation to hold a raffle to be held at the Eagan Community
Center on May 13, 2004.
F. Tobacco License. It was recommended to approve a License to sell Tobacco Products for Hidalgo Market,
Inc. #2, 4] 30 Blackhawk Road, Suite 108.
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Eagan City Council Meeting Minutes
April 7, 2004
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G. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance Contractor
Licenses for Vertical Perfections Tree Care and Outdoor Specialties.
H. Delinquent Utility Bills. It was recommended to schedule a Public Hearing for May 4, 2004 for the purpose
of certification of delinquent utility bills to Dakota County for collection with property taxes.
I. Delinquent False Alarm Bills. It was recommended to set a public hearing for May 4, 2004 to consider the
final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with
property taxes.
J. Premise Permit. It was recommended to approve a Premise Permit for the Eagan Athletic Association to
conduct a pull-tab operation at AI Baker's Restaurant.
K. Service Station Licenses. It was recommended to authorize staff to discontinue licensing service stations.
L. County Road 63 (Baffin Trail Turnback). It was recommended to approve a jurisdictional turnback
agreement with Dakota County and Inver Grove Heights for County Road 63 (Baffin Trail) and authorize
the Mayor and City Clerk to execute all related agreements.
M. Project 806R. It was receive the Final Assessment Roll for Project 806R (Kennerick Addition - Storm
Sewer Improvements) and schedule a public hearing to be held on May 4, 2004.
N. Proiect 771. It was recommended to approve a resolution requesting the Minnesota Department of
Transportation Commissioner's consideration of a variance to Municipal State Aid (MSA) standards
regarding project plans and specification approval and contract award.
O. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage
and utility easement and schedule a public hearing to be held on May 4, 2004.
P. Ordinance - Security Trailers. It was recommended to approve an ordinance to permit the location of office
trailers on residential property for security purposes for State Constitutional Officers.
Q. Final Plat. It was recommended to approve a Final Plat (Manley Plaza) to create one lot located at 1850
Plaza Drive.
R. Final Subdivision. It was recommended to approve a Final Subdivision to create two commercial lots at
4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition.
S. Findings of Fact. 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. - Continued
T. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial
for a Conditional Use Permit for additional outdoor storage requested by Midwest Tile for property
described as Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road.
U. Ordinance Amendment. It was recommended to authorize the preparation of an ordinance amending City
Code Chapter 11 to require screening of rooftop mechanical units for commercial, industrial and
multifamily residential buildings and to establish standards for appropriate levels of development site
lighting.
V. Wireless Fingerprint Identification System. It was recommended to approve a Memo of Understanding
between the City of Eagan and Hennepin County for a "Wireless Fingerprint Identification System".
W. Seasonal Memberships. It was recommended to approve the $75.00 fee and promotion of a 90 day seasonal
membership to the Eagan Community Center.
X. Project 906. It was recommended to receive the petition and authorize the preparation of plans and
specifications by the City Engineer for Project 906/Contract 04-07 (Lexington Ridge - Street
Improvements)
NEW BUSINESS
CONDITIONAL USE PERMIT - CEDARV ALE LANES
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow an
additional volleyball court in the parking lot April through August at property located at 3883 Cedar Grove Parkway.
City Planner Ridley gave a staff report.
A brief discussion was held regarding the condition that no alcoholic beverages be served or brought onto the
volleyball courts.
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Eagan City Council Meeting Minutes
April 7, 2004
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Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to
allow an additional volley ball court in the parking lot April through August at property located at 3883 Cedar Grove
Parkway, subject to the following conditions: Aye: 4 Nay: 0
1. The Conditional Use Permit shall be recorded at Dakota County Recorder's office within 60 days of its
approval by the City Council.
2. A copy of the parking agreement shall be provided to the City prior to release of the Conditional Use
Permit.
3. The volleyball courts may be used during May through August each year. The courts shall be removed
by Labor Day each year.
4. The volleyball courts shall be in the location shown on the site plan dated 12/12/03.
5. The volleyball courts shall be secured by fencing and other materials as shown in the elevation plans
dated 12/12/03, and access to the courts shall be gained only through the main building.
6. All signage shall comply with the City Sign Code requirements.
7. No alcoholic beverages may be served or brought into the volleyball courts or the walkway leading to
the courts.
8. A building permit shall be obtained each year prior to construction of the volleyball courts, decking and
associated facilities.
9. Site lighting shall be indirect and diffused and lighting shall not be directed upon public rights-of-way
or adjacent properties. Light standards shall not exceed 27 feet in height.
10. To ensure access in case of emergency, no parking shall be allowed adjacent to the courts.
1]. This Conditional Use Permit shall amend the CUP approved in 1998.
PLANNED DEVELOPMENT AMENDMENT - HOME DEPOT
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a garden
hoop structure within the seasonal sales area on property located at 3220 Denmark Avenue. City Planner Ridley
gave a staff report.
Todd Moser, representing Home Depot, described the proposed structure. Councilmembers agreed that the color of
the structure should be white.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow a garden hoop structure within the seasonal sales area on property located at 3220 Denmark
Avenue subject to the following conditions: Aye: 4 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against the
property.
2. The temporary hoop like structure stored in the seasonal sales area is limited from April to mid-July
each year.
3. A building permit is required for the hoop structure each year.
4. The temporary hoop structure shaIl be located as indicated on plans dated February 13,2004.
5. The approved hoop structure shall only house plants and related gardening items.
6. The material of the hoop structure shall be white.
PRELIMINARY SUBDIVISION (PATRICK EAGAN PARK ADDITION) AND REZONING
TRUST FOR PUBLIC LAND
City Administrator Hedges introduced this item regarding a proposed Preliminary Subdivision of 11 acres to create a
two acre parcel and a nine acre outlot, and a rezoning of2 acres located at 4045 Lexington Avenue. City Planner
Ridley gave a staff report and requested that the Final Subdivision for Patrick Eagan Park Addition be considered as
well.
Eagan City Council Meeting Minutes
April 7, 2004
Page 4
Councilmember Maguire moved, Councilmember Tilley seconded a motion to add consideration of the Final
Subdivision for Patrick Eagan Park Addition to the agenda. Aye: 4 Nay: 0
Bob McGillvary, representing Trust for Public Land expressed his opposition to the sanitary and storm sewer trunk
charges and subdivision fees. The Council and applicant discussed the fees as being "fair share" fees, not
development fees.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Rezoning of2 acres located
at 4045 Lexington A venue from Agriculture to E, Estate. Aye: 4 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision
(Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at
4045 Lexington Avenue; subject to the following conditions: Aye: 4 Nay: 0
1. The developer shall comply with these standards conditions of play approval as adopted by
Council on February 2, 1993: Al,Bl,3.
2. The property shall be platted.
3. This development shall dedicate public right-of-way along Lexington Avenue, as determined by
the Dakota County Plat Commission.
4. The final plat shall show dedicated right-of-way of75 feet for Outlot A.
5. To preserve the integrity of the area, a covenant, in a form acceptable to the City Attorney, shall be
prepared and recorded against the property that prohibits further subdivision of Lot 1, Block 1.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Final Subdivision 04-31
(Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at
4045 Lexington Avenue. Aye: 4 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council
meeting and immediately convene a meeting of the Economic Development Authority at 7:20 p.m.. Aye: 4 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council
meeting at 7:30 p.m.
OTHER BUSINESS
RESOLUTION APPROVING THE PURCHASE AGREEMENT FOR CITY ACQUISITION OF
PROPERTY FOR REDEVELOPMENT, CEDAR GROVE REDEVELOPMENT DISTRICT
JIM COOPER GOODYEAR
City Administrator Hedges briefly discussed the proposed Purchase Agreement for the City Acquisition of Property
for redevelopment in the Cedar Grove Redevelopment District.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a Resolution Approving the
Purchase Agreement for City Acquisition of Property for Redevelopment, Cedar Grove Redevelopment District, Jim
Cooper Goodyear, 3999 Cedarvale Drive, and Related Agreements. Aye: 4 Nay: 0
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 7:35 p.m.
Eagan City Council Meeting Minutes
April 7, 2004
Page 5
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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.
BOARD OF ADJUSTMENTS AND APPEALS
CITY OF EAGAN, MINNESOTA
IN THE MATTER OF THE DENIAL
OF VARIANCES FOR 1745 SARTELL AVENUE, EAGAN, MINNESOTA.
This matter came before the Eagan Board of Adjustments and Appeals on January 20,
2004 to consider an appeal by Todd Wagner (the "Applicant") of a Decision made by the Eagan
City Council to deny variances. Anthony DeGuerre appeared on behalf of the Applicant. The
Board received and considered the Eagan City Council's Findings of Fact, Conclusions and
Resolution of Denial, dated December 1, 2003; the minutes of the November 18 and November
6, 2003 Eagan City Council Meetings; the City of Eagan's Planning Report dated October 29,
2003; evidence from neighboring residents, all existing files, records and prior proceedings and .
material as presented to the Council, together with letters submitted by Mr. DeGuerre on behalf
of the Applicant.
FINDINGS
1. At its regularly scheduled meetings of November 6, 2003 and November 18,
2003, the Eagan City Council considered the Applicant's requests for: (i) a variance to allow an
accessory structure (garage) to exceed the size of the principal home; and (ii) a variance to allow
the proposed garage walls to exceed ten (l 0) feet in height. These variances were required in
connection with the construction of an additional garage of 810 square feet ( 18' x 45') to be
located on Lot 4, Block 9, Cedar Grove Number 8, commonly described as l745 Sartell Avenue
(the "Property").
2. In September of 2003, the Applicant submitted an application for a building
permit to construct an 810 square foot garage, with walls of 13 feet in height, and an overhead
door measuring 16 feet wide by 12 feet high. Applicant began construction of the garage shortly
thereafter.
3. Inspectors from the City's building department visited the Property on September
23 and October 7, 2003 to inspect the footings and the foundation for the garage.
4. During the inspection of October 7, the inspector notified the Applicant that there
were concerns with the Project, due to the square footage of the garage exceeding the square
footage for the foundation of the principal residence.
5. Shortly following the inspection, the City notified the Applicant that the
Applicant's Project required variances due to the size and height of the proposed garage.
6. On October 16, 2003, the Applicant submitted applications for variances to allow
the proposed garage to exceed the size of the principal structure and to allow for the side walls of
the proposed garage to exceed ten feet in height.
7. Section l1.50, subd. 3 of the City Code states that the Council may grant
variances from the strict application of the City Code and impose conditions and safeguards in
the variances so granted where practical difficulties or particular hardship result from carrying
out the strict letter of the Code.
8. Section 11.50, subd. 3(b)(3) of the City Code reqUIres the City Council to
consider the following factors in determining whether to approve or deny a request for a
vanance:
a. Exceptional or extraordinary circumstances apply to the property which do not
apply generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances of which the owners of property have no
control.
b. The literal interpretations of the provlSlons of this Code would deprive the
applicant property use commonly enjoyed by other properties in the same district under
the provisions of this code.
c.
applicant.
Special conditions or circumstances do not result from the actions of the
d. The granting of the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to owners of other lands, structures or buildings
in the same district.
e. The vanance requested IS the mmlmum vanance which would alleviate the
hardship.
f. The variance would not be materially detrimental to the purposes of this Code or
to property in the same zoning.
9. In conjunction with its application for the variances, the Applicant stated that:
"my hardship is that I need a large storage space for my R.V. and the city had approved it and
now they stopped me. My R.V. is 36 feet long and 11 feet 8 inches tall and that is why I want to
go so large..."
10. At the public hearing held by the City Council on November 6, 2003, the Council
took testimony from the Applicant, from neighbors of the Applicant, as well as acknowledged
several letters submitted to the Council in opposition to the granting of the variances. Several
neighboring residents spoke against the granting of the variances, noting that the size of the
proposed garage was out of character with the neighborhood and that its construction would alter
the use of the property from a primarily residential use to primarily storage use. One neighbor
referred to the Planning Report which noted that the 810 square foot addition was in addition to
an existing 440 square foot garage as well as a detached shed of 144 square feet, and that the
total square footage of the storage areas would exceed the 1,002 square foot footprint of the
residential dwelling.
11. The building plan submitted by the Applicant for the construction of the garage
indicate that the front door to the garage would be 16 feet wide and 12 feet high, approximately 5
feet higher than a standard residential garage for automobiles.
12. The matter was continued by the Council to its meeting of November 18, 2003.
13. At its meeting of November 18, 2003, the City Council heard additional testimony
from the Applicant and neighbors, and received additional letters in opposition from neighbors.
The Council then directed staff to prepare written findings to deny the variances based on the
statements made by the Council members in opposition to the granting of the variances.
14. Prior to its December l, 2003 meeting, the City Council had received a letter
dated November 28, 2003, prepared by the law firm of Dudley and Smith on behalf of the
Applicant. The letter summarized the Applicant's reasons why the Council should not adopt the
denial of the variance as a matter of law and instead, should find that the variance either be
granted or allow for a proper conditional use hearing so that the Applicant may receive "proper
due process".
15. On December 1, 2003, the Council denied the Applicant's requests for variances
and adopted the Findings of Fact, Conclusions and Resolutions for Denial.
16. Following denial of the variances, the Applicant filed an appeal with this Board to
review the City Council's decision.
l7. On January 20, 2004, the Board received all previous material submitted and
reviewed by the City Council and further heard testimony from the Applicant as well as from
neighbors in opposition to the granting of the variances.
18. Following the close of testimony, the Board granted the Applicant and any other
interested party the right to submit a final argument and additional materials to the Board, no
later than January 30, 2004.
19. By letter dated January 29,2004, the law firm of Dudley and Smith on behalf of
the Applicant submitted a letter to supplement its oral argument of January 20, which letter
included Exhibits "A" through "J," as representative of money committed by the Applicant to the
construction of the structure.
CONCLUSIONS
l. At the hearing of January 20, 2004, and as further set forth in the letter of January
29, 2004, the Applicant argues that the Board should find that the City of Eagan ought to be
estopped from enforcing its zoning variance against Mr. Wagner and notes that the City's
interest in enforcing its zoning laws would not subsequently be impaired.
2. Minn. Stat. S462.354, subd. 2, authorizes the city to such other duties as the city
may direct.
3. While the Applicant raises equitable issues in his appeal, the Applicant fails to
allege that an error has occurred in the Council's decision of denial. Minn. Stat. S462.357, subd.
6 authorizes the Board to hear and decide appeals where it is alleged that there is an error in any
order, requirement, decision or determination made by an administrative officer in the
enforcement of the zoning ordinance.
4. Section 11.50, subd (2)(c) of the City Code authorizes the Board to make a
finding of fact and make a decision on appeal where it is alleged by the Applicant that error has
occurred in any Council decision.
5. The Board's authority granted by statute and ordinance do not grant to the Board
the power to issue such a decision.
6. The Council's resolution of denial was based upon its conclusion that the granting
of the Applicant's request would create a condition that would not be in keeping with the spirit
and intent of the R-1, Single-family Residential zoning district. The Council concluded that the
proposed accessory structure (a garage), together with the existing garage, would render the
primary use of the Property as garage storage, thereby rendering the single-family dwelling a
subordinate use. Furthermore, the Council found that the proposed variance would be without
justification, other than convenience to the property owner and would be a direct and detrimental
impact to the adjoining properties. The Board finds no reason or evidence to disagree with the
Council's conclusions.
RESOLUTION
The Eagan Board of Adjustments and Appeals does hereby resolve to affirm the Eagan
City Council's denial of the Applicant's requests for variances.
Motion made by Tilley, seconded by Geagan.
5 voted for 0 voted against
Dated at Eagan, Minnesota this 16th day of March, 2004.
CITY OF EAGAN