01/20/2004 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 20, 2004
A Listening Session was held at 6:00 p.m. in the Eagan Room of the Municipal Center. There were no citizens who
wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, January 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, City Attorney Mike Dougherty and Administrative Secretary / Deputy
Clerk Mira McGarvey.
AGENDA
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
JOHN KREAGER - RETIREMENT
Mayor Geagan presented a Certificate of Appreciation to John Kreager for his 33 Y2 years of service to the City of
Eagan.
CITY OF EAGAN'S STORM WATER POLLUTION PREVENTION PLAN
City Engineer Russ Matthys presented a summary of the City's Storm Water Pollution Prevention Plan, a
requirement of the National Pollutant Discharge Elimination System Phase II Municipal Separate Storm Sewer
Systems permit. Water Resources Coordinator Eric MacBeth made a presentation.
CONSENT AGENDA
It was requested that item FF be moved to "Legislative and Intergovernmental Affairs Update".
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Consent Agenda with the
exception of Item FF. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the January 6,2004 Listening Session and the
January 6, 2004 regular City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Dan Schiller as a part-time custodian at the
Community Center.
2. It as recommended to accept the letter of resignation from Sergeant Steve Anselmen who will be
retiring from the Eagan Police Department in the Spring.
3. For information, the name of the person hired as Facility Operations Supervisor at the Eagan
Community Center is Heidi Sedlacek.
4. It was recommended to approve the updated edition of the City of Eagan Personnel Policy,
including the new Section 38.7 for an Individual Health Care Savings Plan for FLSA Non-Exempt
Non-Collective Bargaining employees, Compensation Ranges G-I, who are scheduled to work
thirty or more hours per week.
C. Check Registers. It was recommended to ratify the check registers dated January 9, 2004 and January 15,
2004 as presented.
D. Tree Maintenance Contractor Licenses. It was recommended to approve Tree Maintenance Contractor
Licenses for Rainbow Tree Care and Ciardelli Tree and Landscaping.
E. 2004 Service Station Permit. It was recommended to approve a Service Station Permit for Kath Fuel Oil
Service Co.
Eagan City Council Meeting Minutes
January 20, 2004
Page 2
F. Tobacco Licenses. It was recommended to approve Tobacco Licenses for Axels Bonfire Restaurant and
Kath Fuel Oil Service Company.
G. Lawful Gambling Exempt Permit. It was recommended to approve a Lawful Gambling Exempt Permit for
Faithful Shepherd Catholic School to conduct bingo on February 6, 2004 and April 24, 2004 at 3355
Columbia Drive.
H. Lawful Gambling Exempt Permit. It was recommended to approve Lawful Gambling Exempt Permit
National Wild Turkey Federation to conduct a raffle on March 11, 2004 at 2280 Cliff Road.
Lawful Gambling Exempt Permit. It was recommended to approve Lawful Gambling Exempt Permit for
Northview PT A to conduct a raffle on February 20, 2004 at 965 Diffley Road.
National Mentoring Month. It was recommended to approve a Proclamation naming January as National
Mentoring Month.
K. Memorandum of Understanding. It was recommended to approve a memorandum of understanding
proposed by the Gun Club Lake Watershed Management Organization for the City of Eagan to provide
administrative services.
L. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance
amendment to Chapter 5, Wine, beer and Liquor Licensing and Regulation.
M. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for
the Twin Cities Good Time Softball League.
N. Deferred Compensation Plan. It was recommended to adopt a resolution amending and restating the
deferred compensation plan in the form of the ICMA retirement corporation deferred compensation plan
and trust.
O. Surplus Property. It was recommended to declare certain fire helmets surplus property and authorize their
donation to the 2001 Vulcan Krewe.
Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance
Amendment suitable for publication to modify Chapter 13, Section 13.40, Subd. 3 regarding Variances.
Q. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance
Amendment suitable for publication to modify Chapter 4, Section 14.20 regarding signs.
R. CDBG. It was recommended to adopt a resolution authorizing the City Administrator to submit the
Community Development Block Grant (CDBG) Program applications for 2004 to the Dakota County
Community Development Agency.
S. Ordinance Amendment. It was recommended to direct staff to work with the Advisory Planning
Commission to prepare a draft Ordinance Amendment regarding outdoor storage and bring said amendment
through the public hearing process.
T. Ordinance Amendment. It was recommended to direct staff to work with the Advisory Planning
Commission to prepare a draft Ordinance Amendment to Chapter 11, relative to landscaping and tree
mitigation requirements in the Cedar Grove Zoning District (COD).
U. Contract 02-11. It was recommended to approve the final payment for Contract 02-11 (Dodd Road, Cliff
Road to 120th Street - Street and Utility Improvements) in the amount of$150, 162.33 to Northdale
Construction Company, Inc., and accept the improvements for perpetual City maintenance subject to
warranty provisions.
V. Proiect 859. It was recommended to receive the draft feasibility report for Project 859 (Trunk Highway 55
/ Lexington Avenue / Blue Gentian Road - Intersection Reconfiguration) and schedule a public hearing to
be held on March 2, 2004.
W. Project 877. It was recommended to receive the draft feasibility report for Project 877 (Lexington Avenue,
Trunk Highway 55 to Lone Oak Road - Street, Utility and Trail Improvements) and schedule a public
hearing to be held on March 2, 2004.
X. Contract 04-02. It was recommended to approve the plans and specifications for Contract 04-02 (Diffley
Frontage Roads, Lake Park Shores, Thomas Lake, Lakeside Estates, Wilderness Park 2nd and 3rd Additions
- Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,
February 12,2003.
Y. Ordinance Amendment. It was recommended to authorize the preparation of an amendment to Chapter 10,
Section 10.01 "Storage, Deposit and Disposal of Refuse" for future consideration.
Z. Joint Powers Agreement. It was recommended to approve the eight City Joint Powers Agreement for Street
Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents.
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Eagan City Council Meeting Minutes
January 20,2004
Page 3
AA. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the
Final Plat for Wentworth Park Addition, located South of Cliff Road, west of trunk highway 77 and east of
Slater Road.
BB. Change Order. It was recommended to approve change order number 16 to the Eagan Community Center
for ($2,012.00).
Cc. Pinal Payment. It was recommended to approve final payment for contracts completed for the Community
Center and Bandshell projects.
DD. Contract 01-05. It was recommended to approve the final payment for Contract 01-0S (Cedar Grove
Access Modifications - Street and Utility Improvements) in the amount of $72,680.53 to S.M. Hentges &
Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions.
EE. Tree Preservation Ordinance. It was recommended to authorize staff to revise the tree preservation
ordinance.
FF. Comments to Proposed Amendments to City of Bloomington - PULLED
GG. Silver Bell Road. It was recommended to receive the petition to vacate public right-of-way and schedule a
public hearing to be held on February 17,2004.
PUBLIC HEARINGS
VARIANCE - MARCIE TIETJEN
City Administrator Hedges introduced this item regarding a request for a variance to exceed the 10 foot setback for a
living space addition by 3 feet located at 1973 Covington Lake. City Planner Ridley gave a staff report.
Mayor Geagan opened the public hearing.
Ms. Tietjen discussed her request for a variance and indicated that a five foot variance would be required rather than
a three foot variance due to a discrepancy in the side yard setback information she provided at the time a building
permit was issued for the proposed addition.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Senior Planner Ridley noted that the mailed public notice had specified a request for a three foot variance rather than
a five foot variance and that a revised notice would have to be mailed to surrounding property owners.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Variance to
exceed the 10 foot living space setback by 5 feet for an addition to the principal structure at 1973 Covington Lane
until February 3, 2004. Aye: 5 Nay: 0
PROJECT 894 - COACHMAN LAND CO. I CENTURY POINT AND DONALD COURT
STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding a street overlay project for Coachman Land Co, Century
Point and Donald Court. Assistant City Engineer Colbert gave a staff report.
Mayor Geagan opened the public hearing.
Two area residents questioned why investment properties of Alden pond were omitted from being assessed.
Access issues and the City's assessment policy were discussed by staff and Council. It was noted that further
review of affected properties will be conducted at the time of an assessment hearing.
There being no further public comment Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Eagan City Council Meeting Minutes
January 20, 2004
Page 4
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 894 (Coachman Land
Co., Century Point and Donald Court - Street Overlay and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
CITY ORGANIZATIONAL BUSINESS
ACTING MAYOR
Mayor Geagan appointed Councilmember Fields as Acting Mayor.
OFFICIAL LEGAL NEWSPAPER
Motion was made by Fields, seconded by Tilley to approve retention of the Dakota County Tribune as the City of
Eagan's official legal newspaper. Aye: 5 Nay: 0
CITY COUNCIL MEETING DATES
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the 2004 Schedule of City
Council meetings. Aye: 5 Nay: 0
2004 SCHEDULE OF REGULAR COUNCIL MEETINGS
JANUARY 6 MAY 4 SEPTEMBER 7
JANUARY 20 MAY 18 SEPTEMBER 21
FEBRUARY 3 JUNE 1 OCTOBER 5
FEBRUARY 17 JUNE 15 OCTOBER 19
MARCH 1 * JULY 6 NOVEMBER 1 **
MARCH 16 JULY 20 NOVEMBER 16
APRIL 8** AUGUST 3 DECEMBER 6 ***
APRIL 20 AUGUST 17 DECEMBER 21
*March 1 rather than March 2 due to caucuses
** April 8 rather than April 6 due to Passover
**November 1 rather than November 2 due to Election Day
*** December 6 rather than December 7 due to Hanukkah (also subject to change due to Truth in Taxation)
There will be a Listening Session at 6:00 p.m. before each regular Council meeting.
Eagan City Council Meeting Minutes
January 20, 2004
Page 5
2004 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS
JANUARY 29 (tentative) MAY 11 SEPTEMBER 14
FEBRUARY 10 MA Y 25 (tentative) SEPTEMBER 28 (tentative)
FEBRUARY 24 (tentative) JUNE 8 OCTOBER 12
MARCH 9 JUNE 22 (tentative) OCTOBER 26 (tentative)
MARCH 23 (tentative) JULY 13 NOVEMBER 9
APRIL 13 JULY 27 (tentative) NOVEMBER 23 (tentative)
APRIL 27 (tentative) AUGUST 10 DECEMBER 14
AUGUST 24 (tentative)
CITY COUNCIL MEETING PROCEDURES
Councilmember fields moved, Councilmember TiIley seconded a motion to acknowledge Robert's Rules of Order as
the means to conduct official business at all Regular City Council meetings, approve the changes to the agenda
format per the recommendation of the City Attorney and further approve the guidelines/handout for public
participation in the City Council meeting. Aye: 5 Nay: 0
COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS
Councilmember Maguire moved, Councilmember TilIey seconded a motion to ratify the standing committee and
representative appointments as follows: Aye: 5 Nay: 0
Finance Committee: Councilmember Carlson and Mayor Geagan
Public Works Committee: Councilmember fields and Councilmember Maguire
Personnel Committee: Mayor Geagan and Council member Carlson
Minnesota Valley Transit Authority Board: Councilmember Tilley
School District # 191: Councilmember Fields and Councilmember TiIley
School District #196: Councilmember fields and Councilmember Tilley
School District #197: Councilmember fields and Councilmember TiIley
Community Center / Central Park Operations Committee: Mayor Geagan and Councilmember Carlson
Communications Committee: Councilmember Maguire and Councilmember Carlson
Advisory Commissions Liaison Assignments:
EDC- Mayor Geagan
APrC - Councilmember Carlson
ARC - Councilmember Fields
APC - Councilmember Maguire
BETC - Councilmember TiIley
MSP Noise Oversight Committee - Councilmember Fields
ECVB Board of Directors - Councilmember Carlson and Councilmember fields
Eagan City Council Meeting Minutes
January 20, 2004
Page 6
POLICY GUIDELINES FOR ADVISORY COMMISSION APPOINTMENTS AND PROCEDURES
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Guidelines for Advisory
Commission Appointments and Procedures Policy. Aye: 5 Nay: 0
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Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve a resolution regarding a
policy that background checks be conducted on applicants to the advisory commissions. Aye: 5 Nay: 0 ~
EXTENSION OF COMMISSION APPOINTMENTS TO APRIL, 2004
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the four month extension of all
advisory commission terms, in order that all commission terms will be consistent when appointed in April of each
year. Aye: 5 Nay: 0
OLD BUSINESS
CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC,
City Administrator Hedges stated the applicant has requested this item be continued until the February 3, 2004 City
Council meeting.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a
conditional use permit and variance for Realty Designs Inc. to February 3, 2004 Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT - SOWLES PROPERTIES
City Administrator Hedges discussed this item regarding a request for a Conditional Use Permit to allow outdoor
storage of a 113 foot tall crane, equipment, materials, and current/late model cars associated with a site plan on the
24 acre site, on property located at 3045 Sibley Memorial Highway and a request for a 30 foot Variance to the front
yard setback for the approved outdoor storage items. City Planner Ridley gave a staff report.
William Cottrell, attorney representing the applicant, discussed the proposed outdoor storage. The applicant spoke
regarding the need for and use of the 113 foot tall crane.
Councilmembers held a discussion regarding the visual impact of having a crane located on the property and the
recommended condition made by the Advisory Planning Commission to enclose the outdoor storage area with a
fence. They stated that a fence would likely be more unsightly than the outdoor storage.
Councilmember Carlson moved, Councilmember Fields seconded a motion to direct Findings of Fact for Denial of a
conditional use permit to store a 113 foot tall crane on property located at 3045 Sibley Memorial Highway.
Aye: 5 Nay: 0
Discussion was held regarding items to be stored on the site and potential future storage. The applicant agreed to
continue the item to the February 3, 2004 City Council meeting to allow time to better define the type and amount of
outdoor storage.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a
Conditional Use Permit to allow outdoor storage of equipment, materials, and current/late model cars associated with
a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley
Memorial Highway; Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
January 20, 2004
Page 7
Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct findings of fact for Denial of a
30 foot Variance to the front yard setback for the approved outdoor storage items associated with a site plan on the
24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial
Highway. Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION (LONG ACRES) and REZONING
MANLEY LAND DEVELOPMENT
City Administrator Hedges introduced this item regarding a rezoning of29.62 acres located east and west of Gun
Club Road and north of 120lh Street and a preliminary subdivision to create 51 single family residential lots upon
29.62 acres located east and west of Gun Club Road. City Planner Ridley gave a staff report.
Frank Blundetto, representing Manley Development, discussed the proposed subdivision and rezoning.
Councilmembers questioned if potential home owners would be notified of the close proximity ofthe Gun Club.
Councilmembers and staff also discussed storm drainage issues, future development on adjacent Rosemount
property, a traffic study which was performed by SEH Consultants and the proposed trail system.
Two residents expressed concern regarding the close proximity ofthe gun club, the effect of lead shot going into the
wetland and the loss of trees.
Steve Sandberg, representing the Gun Club stated the club would like potential buyers to be notified of the existence
of the Gun Club. He further stated that the Gun Club will strive to be good neighbors.
Councilmember Maguire stated he feels it would be premature to develop this area at this time because of drainage
issues.
Councilmember Tilley stated she feels the DNR permit should be obtained prior to approval of the proposed
development.
Councilmembers Carlson and fields stated the application meets all City Code requirements and should be
approved.
Council member Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of29.62 acres
located east and west of Gun Club Road and north of 120th Street from Agriculture to R-l, Single Family Residential
in the SE Y. of Section 36: Aye: 2 Nay: 3 Mayor Geagan, Councilmembers Maguire and Tilley opposed.
Motion failed.
It was agreed that further discussion should be held at a City Council worksession.
Council member Carlson moved Councilmember Fields seconded a motion to continue discussion and consideration
ofa rezoning and a Preliminary Subdivision located at Biscayne Avenue and Gun Club Road in the SE Y. of Section
36 until the February 10,2004 Council worksession and the regular City Council meeting of February 17,2004.
Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION)
RICH RAGATZ
City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Woodland Place Addition) of
6.3 acres to create 14 single family lots at 630 and 660 Cliff Road. Senior Planner Ridley gave a staff report.
After discussion between Council, staff and the applicant, it was agreed to continue consideration of the request to
allow the applicant time to reconfigure Lot 1 so it would meet the 85 foot lot width requirement at the 30' setback
which would eliminate the need to vacate all ofthe Dodd Road Right of Way requested by the applicant.
Eagan City Council Meeting Minutes
January 20,2004
Page 8
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a
Preliminary Subdivision (W oodland Place) of approximately 6.32 acres to create 14 single family lots, and the
vacation of a portion of public right-of-way known as Dodd Road, located at 630 and 660 Cliff Road on the SE
corner of Cliff Road and Dodd Road in the NW t.4 of Section 36 to the February 3, 2004 Council meeting. Aye: 5
Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
Consent item FF which was moved from the Consent Agenda was discussed:
Approve comments to the Proposed Amendments to the City of Bloomington Comprehensive Guide Plan for the
Airport South District, per the Recommendation of the Eagan Airport Relations Commission.
Councilmember Fields asked that surrounding cities be notified of Eagan's position regarding the proposed
amendments to the City of Bloomington Comprehensive Guide Plan.
Councilmember Maguire stated he did not feel an item such as this should be considered on a consent agenda.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve comments to the proposed
amendments to the City of Bloomington Comprehensive Guide Plan for the Airport South District, per the
recommendation of the Eagan Airport Relations Commission, with Metropolitan Council and surrounding cites being
copied on the comments. Aye: 5 Nay: 0
BOARD OF ADJUSTMENTS AND APPEALS
Chairman Geagan convened a meeting of the Board of Adjustments and Appeals. Aye: 5 Nay: 0
City Administrator Hedges provided background information regarding an appeal to the City Council's denial of
variances requested for property located at 1745 Sartell Avenue in the NE t.4 of Section 20.
Anthony DeGuerre, representing the applicant, proposed the City not enforce the zoning ordinance per the QJy..2f
Eden Prairie v. Kiepke.
Three residents of Sartell Avenue spoke in opposition to the variances.
The Board deferred the matter to the City Attorney for further review. Mr. DeGuerre was informed he had ten days
in which to submit further information to the Board.
Chairman Geagan adjourned the Board of Adjustments and Appeals meeting.
Mayor Geagan reconvened the regular City Council meeting at 11 :40 p.m.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council
meeting and immediately convene a meeting ofthe Economic Development Authority at 11 :40. Aye: 5 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council
meeting at 11 :45 p.m. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
January 20,2004
Page 9
OTHER BUSINESS
RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING
TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE CITY OF EAGAN, EAGAN
ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION
Community Development Director Hohenstein provided an overview of the proposed development agreement.
Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Resolution approving
Amended and Restated Development Agreement relating to Tax Increment Financing District No.1 Between the
City of Eagan, Eagan Economic Development Authority and U.S. Home Corporation. Aye: 5 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a
Resolution Approving Amended and Restated Preliminary Development Agreement Relating to Tax Increment
Financing District No.1 between the City of Eagan, Eagan Economic Development Authority and United Properties.
Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council
meeting at 11:45. Aye: 5 Nay: 0
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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.