06/03/2003 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 3, 2003
A regular meeting of the Eagan City Council was held on Tuesday, June 3, 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 Assistant to City Administrator Dianne
Lord.
AGENDA
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the
agenda. Aye: 5 Nay: 0
2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT
City Administrator Hedges introduced Chief Financial Officer Pepper, who introduced auditors
Matt Mayer and Steve Wi shim of Kern, DeWenter, Viere, Ltd. The auditors provided a summary of the
2002 Comprehensive Annual Financial Report (CAFR). Pepper and the City Council thanked the
auditors and City staff for their work in preparing the CAFR.
Council member Fields moved, Councilmember Tilley seconded a motion to receive and accept
the 2002 Comprehensive Annual Financial Report (CAFR). Aye: 5 Nay: 0
CONSENT AGENDA
Items J and R were pulled for discussion.
Councilmember Maguire thanked the Hibbard family for their donation to the City in memory of Jim
Hibbard. Councilmember Maguire moved, Council member Tilley seconded a motion to accept a
donation of $400 from the family of Jim Hibbard for the purchase of a park bench to be placed in Trapp
Farm Park. Aye: 5 Nay: 0
Councilmember Maguire thanked Greg Wilken for agreeing to serve on the EDC. Councilmember
Fields moved, Councilmember Maguire seconded a motion to appoint Greg Wilken as the Alternate
Member of the Economic Development Commission. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley 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 May 20, 2003 regular City Council
meeting, the May 20, 2003 Listening Session minutes, the May 21, 2003 special City Council
workshop minutes and the May 13, 2003 special City Council meeting minutes.
B. Personnel Items.
1. It was recommended to approve the hiring of Ryan Martinson as a seasonal engineering
intern.
2. It was recommended to approve the hiring of Pamela Clark-Garcia, Alison Hunter, Judith
Forde, Denise King and Lynda Speikers as part-time seasonal preschool program
instructors.
Eagan City Council Meeting Minutes
June 3, 2003
Page 2
3. It was recommended to approve the hiring of Joan Rodgers and Amber Geske as part-
time seasonal preschool program instructor's assistants.
4. It was recommended to approve the hiring of Michelle Finlon and Kelley Hammond as
part-time seasonal recreation assistants.
5. It was recommended to approve the hiring of Jennifer Kranz as a part-time seasonal
recreation assistant/puppeteer.
6. It was recommended to approve the hiring of Melissa Buntjer as part-time seasonal
recreation assistant/puppeteers.
7. It was recommended to approve the hiring of Alyssa Ophoven as a part-time seasonal
specialty instructor.
8. It was recommended to accept the resignation of Susan Scott, part-time Clerical
Technician III in Community Development.
9. It was recommended to approve an agreement selling Police K-9 "Cody" to Officer
Robert Wegner.
10. It was recommended to approve an agreement selling Police K-9 "Bullet" to Officer
James Unger.
C. Check Registers. It was recommended to ratify the check registers dated May 22, 2003 and May
29,2003 as presented.
D. Service Station Permits. It was recommended to approve 2003/2004 Service Station Permits for
Conoco Philips Company, Holiday Stationstores #68, #232, #247, #318, Eagan Citgo, Eagan E-Z
Shop, McG's Inc. and Tom Humb #273.
E. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance
Contractor License for Rainbow Tree Company.
F. Amusement Device License Renewals. It was recommended to approve 2003/2004 Amusement
Device License Renewals for Minnesota Robins, Inc., Liberman Companies, Inc. and Dandy
Amusements International.
G. New 2003 Tobacco License. It was recommended to approve 2003 Tobacco License for
Rainbow Foods, 1276 Towne Centre Drive.
R. Donation of Equipment. It was recommended to approve the donation or recycling of obsolete
monitors, cpu's and printers.
1. LCTS Grant. It was recommended to accept Local Collaborative Time Study grant to continue to
support Youth Development Programs in the amount of$IO,OOO for the 2003-2004 school year.
J. Donation. Pulled
K. Proiect 771. It was recommended to receive the Final Assessment Roll for Project 771
(Lexington Avenue - Street and Utility improvements) and schedule a public hearing to be held
on July 1,2003.
L. 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 1,2003.
M. CIP. It was recommended to approve the 5-year Capital Improvement Plan for 2004-2008 and
authorize the initiation public improvement process for the 2004 program improvements.
N. Contract 03-07. It was recommended to approve the final payment for Contract 03-07 (Cedar
Grove Area Access Modifications - House Demolition) in the amount of $17,625.00 to Ginther
Excavating, Inc., accept the improvements for perpetual City maintenance subject to warranty
prOVISIons.
O. Cedar Grove Redevelopment Area. It was recommended to approve payment for relocation of
underground utility lines to Dakota Electric Association and Comcast in the amount of$41,700.
P. Final Subdivision. It was recommended to approve a Final Subdivision (Diffley Plaza) to create
7 lots on approximately 15.7 acres located on the SW corner of Diffley Road and Johnny Cake
Ridge Road in the NW ~ of Section 28, subject to the conditions listed in the November 19,
2002 City Council minutes.
03-36
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June 3, 2003
Page 3
Q. Change Order. It was recommended to approve a change order to City Contract 03-08, Thresher
Fields, for the importation of additional top soil at a cost of $4.36 a cubic yard.
R. Appointment. pulled
OLD BUSINESS
PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE SELF STORAGE
City Administrator Hedges stated the applicant has requested a continuance of this item.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue
consideration of a Planned Development Amendment to allow outdoor storage of rental vehicles on
property located at 3495 Denmark Avenue in the NW ~ of Section 15 to the July 1, 2003 City Council
meeting. Aye: 5 Nay: 0
NEW BUSINESS
INTERIM USE PERMIT - ALLINA MEDICAL CLINIC
City Administrator Hedges introduced this item regarding an Interim Use Permit to allow a
temporary mobile diagnostic unit at 111 0 Yankee Doodle Road. Senior Planner Ridley gave a staff
report.
The applicants from Allina Medical Center addressed the City Council. The Council discussed
the interim use permit.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Interim
Use Permit to allow a temporary mobile diagnostic unit on Lot 1, Block 1, Town Centre 100 Sixteenth
Addition, located at 1110 Yankee Doodle Road in the NE ~ of Section 15 subject to the following
conditions: Aye: 5 Nay: 0
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the
City, and proof of recording shall be submitted to the City.
2. The permit shall terminate on June 3, 2006.
3. The interim use permit shall be subject to an annual administrative review. The purpose of such
review shall 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 all interested parties being
given an opportunity to be heard.
4. The diagnostic unit shall be located as shown on the approved site plan received by the City on
April 16, 2003.
5. The diagnostic unit shall not be parked on the site overnight.
6. The access drive and parking pad for the unit must be surfaced with concrete or bituminous
asphalt.
7. A building permit is required prior to construction of the canopy.
8. The canopy/awning shall be made of prefinished metal to match the front canopy or of a canvas
material in a color to match the front canopy. No signage shall be allowed on the canopy/awning
that will be added to the east side of the building.
9. Any trees or shrubs that may need to be removed shall be relocated or replaced elsewhere on the
site, preferably east of the building to enhance screening of the diagnostic unit.
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June 3, 2003
Page 4
10. A landscape plan showing additional landscape screening east of the building and identifying
existing landscaping in that area shall be provided to City staff for review and approval prior to
release of the interim use permit for recording.
PLANNED DEVELOPMENT AMENDMENT - WELSH CONSTRUCTION
City Administrator Hedges introduced this item regarding a Planned Development Amendment
to amend the design of the second monument sign on Lot 1, Block 1 Gatewood's Addition, located at
1185 Town Centre Drive. Senior Planner Ridley gave a staff report.
The applicants addressed the City Council and noted they would like to add the names of the
building tenants/businesses to the sign. The City Council discussed the signage, including whether the
addition of names would pose a traffic safety issue. The Council also noted the destination use of the
building.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a planned
development amendment to amend the design of the second monument sign on Lot 1, Block 1,
Gatewood's Addition, located at 1185 Town Centre Drive in the NE ~ Section 15. Aye: 2 Nay: 3
(Geagan, Maguire, and Fields opposed)
Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct the City
Attorney to prepare Findings of Facts for Denial for a planned development amendment on Lot 1, Block
1, Gatewood's Addition, for the June 10 City Council meeting. Aye: 4 Nay: 1 (Tilley opposed)
PLANNED DEVELOPMENT AMENDMENT - JOE SENSER'S
City Administrator Hedges introduced this item regarding a Planned Development Amendment
to allow a temporary sand volleyball court on Lot 1, Block 1, Eagandale LeMay Lake 4th Addition,
located at 3010 Eagandale Place. Senior Planner Ridley gave a staff report.
The applicant was present and addressed the City Council regarding the plans for the usage of
the outdoor volleyball court. The City Council discussed the proposal, including provisions should the
City receive any complaints about the outdoor court.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow a temporary sand volleyball court on Lot 1, Block 1, Eagandale
LeMay Lake 4th Addition, located at 3010 Eagandale Place in the NW ~ of Section 10 subject to the
following conditions: Aye: 5 Nay: 0
1. The Planned Development Amendment Agreement must be signed and recorded prior to
constructing the volleyball court.
2. Construction of the volleyball courts may begin the third week of April and must be
removed the week after Labor Day each year.
3. The volleyball court shall be in the location shown on the site plant dated April 16, 2003.
4. To ensure access in case of an emergency, no parking should be allowed adjacent to the
courts.
5. Site lighting shall be indirect and diffused and lighting shall not be directed upon public
rights-of-way or adjacent properties.
6. Alcohol shall not be served or consumed within the confines of the sand volleyball court.
Eagan City Council Meeting Minutes
June 3, 2003
Page 5
CONDITIONAL USE PERMIT - DUKE REALTY CORPORATION
City Administrator Hedges introduced this item regarding a Conditional Use Permit to add
additional outdoor storage to the existing conditional use permit on Lots 1 and 2, Block 1, Eagandale
Center Industrial Park No. 12, located at 1245 Trapp Road. Senior Planner Ridley gave a staff report.
The applicant representing Duke Realty Corp. was present and addressed the Council.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a
Conditional Use Permit to add additional outdoor storage to the existing conditional use permit on Lots 1
& 2, Block 1, Eagandale Center Industrial Park No. 12, located at 1245 Trapp Road in the NE ~ of
Section 3 subject to the following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council, and proof of recording submitted to the City.
2. Outdoor storage shall be limited to tractor/trailer storage in the amount and at the location
shown on revised site plans dated April 16, 2003.
3. The north parking lot shall be restriped to accommodate the angled parking of five 53 foot
tractor/trailers at the location shown on the revised site plan dated April 16, 2003.
4. All trailers must be stored in an orderly fashion.
5. Additional coniferous landscape material shall be added between the storage area and 1-494 to
more adequately screen the designated storage location.
6. All parking and storage areas shall be properly maintained to prevent deterioration.
The City Council discussed the motion and it was noted that an Interim Use Permit may be better
suited for this property than a conditional use permit given that the City has received complaints about
outdoor storage on the site.
The Applicant requested that the City Council continue the item 30 days to allow him time to
proceed with an interim use permit rather than a conditional use permit.
Councilmember Tilley withdrew her motion.
Councilmember Maguire moved, Councilmember Fields seconded a motion to continue to July 1,
2003 the request for approval of an amendment to an existing Conditional Use Permit to allow additional
outdoor tractor trailer/truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at
1245 Trapp Road. Aye: 5 Nay: 0
REZONING - CENTRAL IRRIGATION
City Administrator Hedges introduced this item regarding a rezoning of approximately one acre
from T (Transitional) to NE (Neighborhood Business), located at 2785 Pilot Knob Road. Senior Planner
Ridley gave a staff report.
Raleigh Crawford, the attorney representing Central Irrigation, addressed the Council regarding
the intended use of the property by Central Irrigation. Crawford noted that the company is growing very
fast and needs more space. Furthermore, Crawford noted that Central Irrigation would be changing their
business approach at the Eagan location form a predominately distributor/wholesale operation to a retail
operation to be used by individuals.
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June 3, 2003
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Three neighboring property owners addressed the Council with their concerns about Central
Irrigation, which included concerns about traffic congestion, the nature of the business, outdoor storage,
and overall fit of the use in a neighborhood business zone.
The City Council discussed the neighbors concerns, the nature of the Central Irrigation business,
and the conceptual site plan presented by the applicant.
Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a rezoning of
approximately one acre from Limited Industrial, General Business), located at 2785 Pilot Knob Road in
the NE 1/4 of Section 19.
Aye: 5 Nay: 0
The City Attorney distributed Findings of Facts, which he had prepared in anticipation of the
rezoning being denied, and in order to meet the 60-day requirement.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to adopt the Findings :;;: {
of Fact for Denial with the addition of warehouse use as an additional finding. Aye: 5 Nay: 0
The City Council recessed from 8:10 p.m. to 8:20 p.m.
REZONING - CITY OF EAGAN
City Administrator Hedges introduced this item regarding a rezoning of approximately 128 acres
from Limited Industrial, General Business, Commercial Shopping Center, Limited Business, Single
Family Residential, Agriculture and Park to CGD (Cedar Grove District), located north and south of
Highway 13 and west of Cedar Avenue. Senior Planner Ridley gave a staff report.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a
Comprehensive Guide Plan Amendment to change the land use designation of Lots 1 & 2, Block I, Cedar
Ridge 2nd from O/S-Office/Service to MD-Medium Density, located on Cedar Ridge Circle between
Nicols Road and Hwy 77 in the NW ~ of Section 30. Aye: 5 Nay: 0
The applicant, Mark Gergen, presented his conceptual plan for the property, which includes 39
townhome units on 6.8 acres.
The City Council discussed the zoning change, and noted that the Council's goal is to provide the
City with a diverse mix of housing. The Council also discussed the existing nursery adjacent to the
property being proposed for townhouses, and the concerns they have regarding residents complaining
about the noise, smells, etc. from the nursery. The Council noted that the two uses were not compatible
with one another.
Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City
Attorney to prepare Findings of Fact for Denial. Aye: 5 Nay: 0
The applicant requested that the item be tabled; however, Councilmember Carlson stated she
would not rescind her motion.
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June 3, 2003
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PRELIMINARY SUBDIVISION AND WAIVER - CITY OF EAGAN
City Administrator Hedges introduced this item regarding a preliminary Subdivision and a Waiver
of Platting serving approximately 3.4 acres from 68 acre parcel located at the southeast corner of Yankee
Doodle Road and Blue Cross Road. Senior Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a
Preliminary Subdivision serving approximately 3.4 acres from 68 acre parcel located at the southeast
corner of Yankee Doodle Road and Blue Cross Road in the NW ~ of Section 16. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a waiver of
platting that will allow the residential 65.6 acre parcel to remain unplatted until Blue Cross Blue Shield
subdivides and develops their master plan. Aye: 5 Nay: 0
PRELIMINARY AND FINAL SUBDIVISION - CITY OF EAGAN
City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision
(Central Maintenance Addition) to create two lots on 23.4 acres, located at the SW corner of Yankee
Doodle Road and Coachman Road. Senior Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a
Preliminary Subdivision at Coachman Road in the NW ~ of Section 16 subject to the following
conditions. Aye: 5 Nay: 0
1. The developer shall comply with the standard conditions of plat approval as adopted by
Council on February 2, 1993.
2. The property shall be platted.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Final
Subdivision (Central Maintenance Addition) to create two lots on 23.4 acres, located at the SW corner of
Yankee Doodle Road and Coachman Road in the NW ~ of Section 16. Aye: 5 Nay: 0
03-37
ON-STREET PARKING REQUEST
SCOTT TRAIL (CLIFF ROAD TO CLIFFVIEW DRIVE)
City Administrator Hedges introduced the request for on-street parking on Scott Trail from Cliff
Road to Cliffview Drive. Public Works Director Colbert gave a staffreport.
The applicant, Mary Lou Meverden, presented her request to the City Council, noting that many of
her clients are injured and do not have handicapped parking stickers. She requested that space be made
available for two on-street parking spots (e.g. Parking allowed between signs).
The City Council discussed the applicant's request and voiced that the issue is one between her and
the property manager since the underlying issue is the moving of her business from the first floor to the
second floor of the building. The Council also noted that on-street parking would be available to the
public and could not be reserved specifically for the applicant's patients.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to deny a request to
allow on-street parking on Scott Trail from Cliff Road to Cliffview Drive. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
June 3, 2003
Page 8
COMMUNITY CENTER UPDATE
City Administrator Hedges provided an update on activities at the Community Center.
City Administrator Hedges requested that a meeting of the Community Center Operations
Committee be held to discuss child care, senior programming, and corporate use. Administrative
Secretary McGarvey will contact Mayor Geagan and Councilmember Carlson to schedule the meeting.
LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges noted the legislative session is over. He added that an agenda item
has been scheduled for a June workshop to discuss the opt-out provisions for the 2 a.m. closing of liquor
establishments, noting that the law goes into effect on July 1,2003.
Councilmember Carlson inquired as to whether the City can offer a separate liquor license to be
able to serve form I a.m.-2 a.m. City Attorney Dougherty will research the request.
ADMINISTRATIVE AGENDA
City Administrator Hedges noted that an Executive Session would be needed.
The City Council discussed the upcoming 4th of July celebration, noting the importance of the
event as the one opportunity for the community to gather, and this year also being the first time the event
will be held at Central Park. The Council also discussed the $5 million in insurance being requested by
Lockheed Martin. The Council recommended that the City Administrator suggest to Lockheed that $2
million in insurance be obtained.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve $30,000
towards the 4th of July fireworks display. Aye: 5 Nay: 0
Councilmember Tilley distributed a flyer from the MVT A highlighting the grand opening to be
held on August 21, which will coincide with the MVT A offering bus service from the Eagan transit
station to the State Fair. Tilley also inquired about legislation being proposed in the next legislative
session to address the conceal and carry legislation.
Councilmember Maguire called attention to the Eagan Fishing Guide, noting it is a wonderful
guide that is available to the public.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting
at 9:35 p.m.
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De uty City Clerk
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Date
Eagan City Council Meeting Minutes
June 3, 2003
Page 9
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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.