06/17/2003 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 17,2003
A regular meeting of the Eagan City Council was held on Tuesday, June 17,2003 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley
and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public
Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk
Mira McGarvey.
AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
K-9 RECOGNITION
Police Chief Kent Therkelsen introduced Officers Bob Wagner and Dan Tocko along with their
K-9 partners Cody and Gunnar. He outlined the contributions made to the community by K-9 teams,
showing a brief video. He stated that Cody will be retiring from the Police Department. Gunnar is the
newest member of the department and was extended a warm welcome.
CONSENT AGENDA
Mayor Geagan pulled items Wand X.
Councilmember Tilley 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 June 3, 2003 regular City Council
meeting as presented.
B. Personnel Items.
1. It was recommended to accept the resignation of Larry Pierce, utility maintenance
worker.
2. It was recommended to accept the resignation of Bob Kriha, utility construction
inspector.
3. It was recommended to approve the 2003-2004 collective bargaining agreement with the
dispatcher bargaining unit (Law Enforcement Labor Services, Inc.)
4. It was recommended to approve the transfer of the Burnsville/Eagan Cable Coordinator
position from the payroll/personnel system of the City of Eagan to the payroll/personnel
system of the City ofBurnsville.
C. Check Registers. It was recommended to ratify the check registers dated June 5, 2003 and June
12, 2003 as presented.
D. Service Station Permits. It was recommended to approve 2003/2004 Service Station Permits for
the following: Oasis Markets #5677, #5685, #518, #594, #576, #590, #357 and Cedarvale
Texaco Food Mart.
E. Amusement Device License Renewals. It was recommended to approve 2003/2004 Amusement
Device License Renewals for D.V.M, Inc. and AWE Vending and Amusements, Inc.
Eagan City Council Meeting Minutes
June 17,2003
Page 2
F. New Massage Therapy Establishment Business License. It was recommended to approve a new
Massage Therapy Establishment Business License for David and Marjorie Ragsdale (dba Keep in
Touch of Eagan) to be located at 3424 Denmark Avenue.
G. Premise Permit Renewal. It was recommended to adopt a resolution approving a Premise Permit
Renewal for Eagan Hockey Association to sell pull tabs at the Cherokee Sirloin Room
H. Off-Sale Beer License. It was recommended to approve the Off-Sale Beer license for RBF
Corporation of Wisconsin, dba Rainbow Foods, 1276 Town Centre Drive.
Joint Powers Agreement. It was recommended to approve the Joint Powers Agreement with
Dakota County to Fund Jointly with other Cities the Dakota County Wetland Health Evaluation
program in 2003.
Contract 03-09. It was recommended to receive the bids for Contract 03-09, award the contract to
the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related
documents.
K. Contract 03-09. It was recommended to approve a Wetland Conservation Act Permit for
Contract 03-09 and authorize the Mayor and Clerk to execute all related documents.
L. Land Purchase Agreement. It was recommended to approve a land acquisition purchase
agreement with Blue Cross Blue Shield - Minnesota and authorize the Mayor and City Clerk to
execute all related documents.
M. Contract 03-01. It was recommended to receive the bids for Contract 03-0 I (Town Centre Area-
Street & Access Management Improvements), award the contract to McNamara Contracting Inc.,
for the total base bid in the amount of $957,326.94, and authorize the Mayor and City Clerk to
execute all related documents.
N. Contract 02-17. It was recommended to approve Change Order No.1 to Contract 02-17 (Central
Parkway and Cedar Grove Area - Streetscaping and Lighting Improvements) and authorize the
Mayor and City Clerk to execute all related documents.
O. Federal Funding Application. It was recommended to authorize the firm of Bonestroo, Rosene,
Anderlik and Associates to prepare a Federal Funding Solicitation Application for State Trunk
Highway (TH) 149 from TH 55 to Wescott Road.
P. Contract 02-10. It was recommended to approve Change Order No.3 to Contract 02-10 (Dodd
Road - Diffley Road to Wescott Road Street and Utility Improvements) and authorize the Mayor
and City Clerk to execute all related documents.
Q. Project 02-1. It was recommended to acknowledge the completion of Contract 02-I (Olson
Burger Addition - Utility Improvements) and authorize perpetual City maintenance subject to
warranty provisions.
R. Lot L Block L Hawthorne Woods 3rd Addition Easement Vacation. It was recommended to
receive the petition to vacate public drainage and utility easements and schedule a public hearing
to be held on July 15,2003.
S. Transportation Capital Improvement Plan. It was recommended to approve a resolution
requesting inclusion of all County Highway segments included in the approved City of Eagan:
year Capital Improvement Plan for 2004-2008 in the Dakota County 2004-2008 Transportation
Capital Improvement Plan and authorize the Mayor and City Clerk to execute all related
documents.
T. Traffic Signal Light Replacement. It was recommended to approve payment for replacement of
traffic signal lights to Dakota County Highway Department in the amount of $6,205.
U. Findings of Fact. It was recommended to confirm the Findings of Fact, conclusions and
Resolution of Denial of the Comprehensive Guide Plan Amendment request of Mark Gergen and
Associates to change the land use designation of approximately six acres platted as Lots I and 2,
Cedar Ridge 2nd Addition, from O/S, Office Service, to MD Medium Density residential, locate
in the northwest ~ of Section 30.
1.
J.
03-38
03-39
03 -40
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June 17,2003
Page 3
V. Agreement - Copy Machines. It was recommended to approve an agreement with Savin Corp. to
lease new copy machines for City Hall.
W. On-Sale Liquor and Sunday License. Pulled
X. Rotary Club Donations. Pulled
y. 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 15,2003.
W. On Sale Liquor and Sunday License. Mayor Geagan introduced Al Baker and thanked him for
his contribution to the community during the past 23 years. Mr. Baker introduced Daniel Gavin
who will be the new owner / operator of Al Baker's Restaurant.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve on-sale
Liquor and Sunday License for Daniel Gavin, dba Al Baker's Restaurant, 3434 Washington
Drive. Aye: 5 Nay: 0
X. Rotary Club Donations. City Administrator Hedges discussed the "Outstanding Public Safety
Award" of the Rotary Club to a member of the Eagan Police and Eagan Fire Departments in
recognition of outstanding public service. He stated as part of the recognition, the Rotary Club
is donating $500 to the Police Department and $500 to the Fire Department. Mayor Geagan
thanked the Rotary Club for their generous contribution.
Councilmember Fields moved, Councilmember Tilley seconded a motion to accept a donation
from the Eagan Rotary. Aye: 5 Nay: 0
PUBLIC HEARINGS
PROJECT 801, SLIVER BELL ROAD STREET IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for Silver Bell
Road street improvements. Public Works Director Colbert gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan
closed the public hearing and turned discussion back to Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final
assessment roll for Project 801 (Silver Bell Road - Street Improvements) and authorize its certification to
Dakota County for collection excepting Parcel 10-22450-020-01. Aye: 5 Nay: 0
PROJECT 809, BLUE GENTIAN ROAD - STREET IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for the Blue
Gentian Road street improvements. Public Works Director Colbert gave a staff report.
Mayor Geagan opened the public hearing. One resident questioned if his property would be part
of the assessment roll. Public Works Director Colbert stated the property would not be assessed.
There being no further public comment, Mayor Geagan closed the public hearing and turned
discussion back to the Council.
Eagan City Council Meeting Minutes
June 17, 2003
Page 4
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final
assessment roll for Project 809 (Blue Gentian Road - Street Improvements) and authorize its certification
to Dakota County for collection. Aye: 5 Nay: 0
VARIANCE - DELORES COOK-DUBRU
City Administrator Hedges introduced this item regarding a request for a five foot front yard
setback variance to construct a covered porch on the front of a single family dwelling at 625 Greenleaf
Drive North. Senior Planner Ridley gave a staff report.
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 Maguire seconded a motion to approve a five
foot front yard setback variance to construct a covered porch on the front of a single-family dwelling at
625 Greenleaf Drive North, legally described as Lot 11, Block 1, South Oaks, located in the SE ~ of
Section 25. Aye: 5 Nay: 0
LOT 11, ZEHNDER ACRES - EASEMENT VACATION
City Administrator Hedges introduced this item regarding the vacation of public easement within
Lot 11, Zehnder Acres. Public Works Director Colbert gave a staff report.
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 Fields seconded a motion to approve the vacation
of public easement within Lot 11, Zehnder Acres and authorize the Mayor and City Clerk to execute all
related documents. Aye: 5 Nay: 0
OLD BUSINESS
STAFFORD PLACE - PERMIT PARKING
City Administrator Hedges discussed this item regarding a petition submitted requesting Council
to rescind their May 20, 2003 action of expanding the parking by permit only on the mailbox side of
V entnor Avenue.
Catherine and Dennis Sable of V entor Avenue asked that no additional restrictions be
implemented from New York Avenue east to States Avenue. They explained that the parking restriction
will be a major inconvenience for them.
Candice Lynch of Vent or Avenue also expressed her objection to the parking restrictions.
Councilmembers discussed the request for reconsideration of their May 20,2003 action and
agreed that their previous action should stand.
Eagan City Council Meeting Minutes
June 17,2003
Page 5
ORDINANCE AMENDMENT - CHAPTER 5, SECTIONS 5.32AND 5.57
City Administrator Hedges introduced this item regarding an ordinance amendment to City Code
Chapter 5 regarding temporary beer and liquor license regulations. He discussed a proposal made by the
CAPE Group (Changing Alcohol Polices at Events). The CAPE group met with Council at a previous
special Council work session.
The clarity of number 6 under Section 5.60, Subdivision 2 regarding the specific area to be
designated for the sale of alcohol was discussed by Council, the City Attorney and staff.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an
ordinance amendment to City Code Chapter Five by amending Sections 5.32 and 5.57 and add Section
5.60 regarding temporary beer and liquor license regulations. Aye: 5 Nay: 0
NEW BUSINESS
COMPREHENSIVE LAND USE AMENDMENT, REZONING AND PRELIMINARY
SUBDIVISION (MARCELLA WOODS) - BRIAN OLSON
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan
Amendment to establish a low density residential land use guide plan designation on 6.4 acres of land
located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to direct that a
Comprehensive Plan Amendment to establish a LD, Low Density residential land use guide plan
designation upon 6.4 acres of land located t 4880 Pilot Knob Road in the SW ~ of Section 34, be
submitted to the Metropolitan Council for review and approval. No vote.
Discussion was held among Councilmembers, staff and Brian Olson, developer, regarding the
proposed project being adjacent to park property that is used for soccer fields. This situation could
possibly create problems for soccer players and residents regarding the retrieval of stray soccer balls. It
was agreed that submission ofthe Comprehensive Guide Plan Amendment be continued to allow Mr.
Olson time to address the possibility of a berm, additional trees for screening and lor a recreation
easement for his proposed development.
Mr. Olson requested a continuance to the next meeting. Senior Planner Ridley suggested that
Mr. Olson contact the Parks and Recreation Department operations staffto discuss the issue..
Councilmember Tilley withdrew her previous motion for submittal of the Comprehensive Plan
Amendment to the Metropolitan Council. Councilmember Maguire concurred.
Councilmember Tilley moved, Councilmember Fields seconded a motion to continue
consideration of a Comprehensive Plan Amendment for land located at 4880 Pilot Knob Road to the July
1, 2003 Council meeting. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
June 17,2003
Page 6
PRELIMINARY SUBDIVISION (GREYHA WK 2ND ADDITION)
MARK GERGEN AND ASSOCIATES
City Administrator Hedges introduced this item regarding a preliminary subdivision and planned
development amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping
center, and west of Interstate 35E. Senior Planner Ridley gave a staff report.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a
Preliminary Subdivision and Planned Development Amendment on 8.3 acres located east of Blackhawk
Road, north of Diffley Square shopping center, and west of Interstate 35E in the SE ~ of Section 20
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: AI, Bl, B3, B4, Cl, C2, C4, Dl, and El.
2. The property shall be platted.
3. A Planned Development Amendment Agreement shall be executed prior to final
subdivision approval documenting the change in the site layout and the deviation allowed
for the deck setbacks.
4. The developer shall prepare new Association documents that reference the new legal
descriptions of the property and apportion ownership of Outlots A, B, and C to the other
lots within the development. The Association documents shall be submitted to the City
Attorney for review and approval prior to final subdivision approval.
5. The developer shall install landscaping in accordance with the landscape plan dated
November 25,2003, signed June 11,2003, including 21 six-foot balled and burlapped
upright techny arborvitae along the northeast boundary of the development (behind Lots
8-16, Block 4).
6. The developer shall provide grading and a storm drainage system designed to direct
storm drainage to the south away from the Lakewood Townhomes property.
7. The developer shall prepare a conservation easement document covering the north l5feet
of Lots 8-16, Block 4, prohibiting alteration of that berm area between Greyhawk 2nd
Addition and Lakewood Townhomes.
PRELIMINARY SUBDIVISION (SODERHAOLM 2ND ADDITION) AND A PLANNED
DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT
City Administrator Hedges introduced this item regarding a preliminary subdivision and a
planned development amendment at 4155 Lexington Way. Senior Planner Ridley gave a staff report.
Kurt Manley of Manley Land Development was present to answer questions.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a
Preliminary Subdivision to create two commercial lots and a Planned Development Amendment to allow
for an office at 4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition; subject to the
following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval a adopted by
Council on February 2, 1993: AI, Bl, 2,3,4, Cl, 2, 4 Dl, E1.
2. The property shall be platted.
3. The Planned Development Amendment Agreement must be signed and recorded prior to
issuance of a building permit.
Eagan City Council Meeting Minutes
June l7, 2003
Page 7
4. Cross easements providing for vehicle circulation shall be prepared for review and approval
by the City Attorney prior to final subdivision approval.
5. A revised Landscape Plan reflecting the suggested changes be submitted with Final
Subdivision application.
6. A revised Lighting Plan reflecting the suggested changes shall be submitted with Final
Subdivision application.
7. Any rooftop equipment shall be screen from view of all public right-of-way and private
streets bordering the property to the south.
8. The trash enclosure shall be attached to the principle building and be constructed of similar
materials and of a similar design and color to that of the principle building.
9. All signage shall meet the requirements of the City's Sign Ordinance.
10. Provide a trailway easement in a form acceptable to the City Attorney and construct a
sidewalk on the east side of Lexington Way.
COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY PLANNED
DEVELOPMENT-NORHTWOODPOND
DELTA DEVELOPMENT
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan
Amendment to change the land use designation within the Special Area from O/S, Office Service to MD,
Medium Density on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court
and Interstate 35E. Senior Planner Ridley gave a staff report, stating that Comprehensive Guide Plan
amendments are subject to review and approval of the Metropolitan Council and formal action on the
associated Preliminary Planned Development should be withheld until the Metropolitan Council has
approved and the City has implemented the proposed Comprehensive Guide Plan Amendment.
Senior Planner Ridley discussed the Advisory Planning Commissions reasons for
recommendation of denial.
Mark Parranto, Delta Development, discussed the proposed townhome development.
Councilmembers were in agreement that the land designation should remain commercial.
Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City
Attorney to draft Findings of Fact, Conclusions, and Resolution on the Comprehensive Guide Plan
amendment to change the land use designation of 6.29 acres located east of Pilot Knob Road at Marice
Drive, between Sherman Court and Interstate 35E. Aye: 5 Nay: 0
COMMUNITY CENTER UPDATE
City Administrator Hedges provided an update on activities at the Community Center.
LEGISLATIVE / INTERGOVERNMENTAL AFF AIRS UPDATE
City Administrator Hedges stated that he, Mayor Geagan and Councilmember Maguire will be
attending the League of Minnesota Cities Annual Conference in St. Cloud June 18 through June 20,
2003.
Eagan City Council Meeting Minutes
June 17,2003
Page 8
ADMINISTRATIVE AGENDA
COMMUNITY DEVELOPMENT DIRECTOR INTERVIEWS
City Administrator Hedges discussed the interview process for the Community Development
Director position. He suggested that the interviews be scheduled at 3:30 p.m. on June 24, 2003 prior to
the Special City Council Work Session scheduled for 5:30.
Counci1member Tilley moved, Counci1member Fields seconded a motion to schedule June 24,
2003 at 3 :30 for a Special City Council meeting for the purpose of interviewing final candidates for the
Community Development Director position. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to temporarily adjourn
the regular City Council meeting at 8:10 p.m. to immediately convene a meeting of the Economic
Development Authority.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to reconvene the
regular City Council meeting at 8:13 p.m. Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Carlson moved, Councilmember Maguire seconded a motion to adjourn the
meeting at 8:15 p.m.
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contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone:
(651) 454-8535).
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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.