04/15/2003 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 15, 2003
A regular meeting of the Eagan City Council was held on Tuesday, April 15,2003 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, City Engineer Russ Matthys, 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
CONSENT AGENDA
Items G, I and P were pulled from the Consent Agenda for discussion. Item N was moved to Old
Business.
A. Minutes. It was recommended to approve the minutes of the April 1, 2003 regular City Council meeting,
the April 1,2003 Listening Session and the March 25,2003 City Council workshop as presented.
B. Personnel Items.
I. It was recommended to approve the hiring of Jessica Kropelnicki as the Fitness Coordinator at the
Community Center.
2. It was recommended to approve the hiring of Mike Kabakov, Luanne Nygaard, Southivanh Pradichith,
Meagan Whitacre and Andrea Selby as part-time building attendants at the Community Center.
3. It was recommended to approve the hiring of Deb Buntjer as a seasonal program assistant.
4. It was recommended to approve the hiring of Abby Korte as a seasonal water resources assistant.
5. It was recommended to approve the hiring of Erik Johnson, Andrea Carlyon and Jeremy Frost as 2003
seasonal park maintenance workers.
6. It was recommended to approve the hiring of Leah Johnson, Kristen Hazel, Ashley Germond, Sarah
Luke, Chester Teich, Mark Bresher, David Lostetter, Emily Gamer, Josh Keeler, William Meiklejohn,
Maria Melcher, Mike Dunn and Breeyon Bernen as Cascade Bay seasonal staff for 2003.
7. It was recommended to accept the letter of resignation from Barb Yackel, Skating School Coordinator.
8. It was recommended to approve the appointment of Patrick Diloia as Night Battalion Chief for the City
of Eagan Volunteer Fire Department.
9. It was recommended to approve the indefinite reassignment of Clerical Technician II Kathi Kamm from
the Finance Department to Clerical Technician III in the Parks and Recreation Department.
C. Check Registers. It was recommended to ratify the check registers dated April 3, 2003 and April 10, 2003
as presented.
D. 2003 Minnesota State Building and Fire Codes. It was recommended to approve an Ordinance Amendment
regarding Building Code Adoption.
E. Final Subdivision. It was recommended to approve a Final Subdivision (Thorpe Woodland Gardens 2nd
Addition) to create five lots on approximately 3.8 acres located at 3460 Wescott Woodlands in the NE y" of
Section 14.
F. Temporary Liquor License. It was recommended to approve a temporary on-sale liquor license for the
Eagan Foundation and waive the $150.00 license fee.
G. Temporary Malt Liquor License. Pulled for Discussion.
H. Municipal State Aid Route Designation. It was recommended to approve a resolution requesting the
Minnesota Commissioner of Transportation's approval of the designation of various exiting street segments
on to the Municipal State Aid (MSA) roadway system.
I. Cooperative Agreement/Funding. Pulled for discussion.
1. Contract 03-01. It was recommended to approve the resolution requesting a Limited Use Pennit from the
Minnesota Department of Transportation (MnDot) for the construction of a sidewalk for Contract 03-01
(Town Centre Area - Street & Access Management Improvements) and authorize the Mayor and City Clerk
to execute all related documents.
03-23
03-24
03-25
03-26
Eagan City Council Meeting Minutes
April 15, 2003
Page 2
K. Proiect 884. It was recommended to receive the Draft Feasibility Report for Project 884 (Borchert Lane-
Street & Utility Improvements) and schedule a public hearing to be held on May 20,2003.
L. Arbor Day. It was recommended to acknowledge Eagan as the recipient of the 2002 Tree City USA award
from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 3 as
Arbor Day and May, 2003 as Arbor Month in the City of Eagan.
M. Proiect 8-11-B. It was recommended to accept project and approve the fmal pay request of Ebert
Construction for project #8-11-B, Central park Pavilion and Wellhouse #20.
N. Findings of Fact. Moved to Old Business.
O. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of
Denial of a request for a Planned Development Amendment to modify the signage pIan for property located
at 2020 Cliff Road in the NE Yo of Section 31.
P. Resolution Supporting Armed Forces. Pulled for Discussion.
Q. 2003 Commercial Fertilizer Licenses. It was recommended to approve 2003 Commercial Fertilizer
Applicator Licenses for: B&D Lawn and Tree Care, 5203 54th Avenue North, Crystal, MN; Guaranteed
Spray, Inc., 9919 Valley View Road, Eden Prairie, MN; and S & S Tree Specialist, 405 Hardman Avenue,
South St. Paul, MN.
R. 2003 Tree Maintenance Licenses. It was recommended to approve 2003 Tree Maintenance Contractor
Licenses for Shorewood Tree Service, 14015 County road 122, Watertown, MN; and S & S Tree and
Horticultural Specialists, 405 Hardman Avenue, St. Paul, MN.
S. Pulled from agenda prior to meeting.
T. Winter Trail Maintenance Program. It was recommended to approve the Winter Trail Maintenance
Program for 2003-2004 and an amendment to the related policy.
U. Dasher Board Surface. It was recommended to authorize the replacement of the dasher board surface in the
West Rink at the Civic Arena.
V. Purchase Offer. It was recommended to approve a revised purchase offer for the City-owned property at
4185 Strawberry Lane.
W. JP-47.2 Alum Settling Basin. It was recommended to authorize the use of eminent domain to acquire
sufficient land to create JP-47.2
X. Communications Committee Minutes and Plan. It was recommended to recognize and acknowledge
Communications Committee work and adopt 2003 Communications plan.
y. Airport Relations Commission Goals. It was recommended to approve the 2003 Goals of the Airport
Relations Commission.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the Consent
Agenda. Aye: 5 Nay: 0
G. Temporary Malt Liquor License. Councilmember Maguire recommended and Councilmembers concurred
this item be continued to allow time for discussion regarding policy issues to be discussed at a Special City
Council meeting with the CAPE group on May 13, 2003..
Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration of a
temporary on-sale Beer License for Eagan Lions Club for the 4th of July Celebration (July 2-5,2003) to
May 20,2003.
I. Proiect 871. TH 149/Wescott Road Cooperative Agreement Resolution. Councilmember Maguire
expressed his disappointment in the funding priority system that allows public safety to be addressed in one
area but then compromises the ability for funding in another. He specifically discussed the potential danger
at the intersection of Highway 149 and Chapel Lane. Councilmembers agreed that the area of Highway
149 from Yankee Doodle to Highway 55 should be reviewed.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the resolution
requesting funding from the Minnesota Department of Transportation through a Cooperative Agreement for
Project 871 (Trunk Highway 149 & Wescott Road - Traffic Signal Improvements) and authorize the Mayor
and City Clerk to execute all related documents. Aye: 5 Nay: 0
03-27
03-28
03-29
Eagan City Council Meeting Minutes
April 15, 2003
Page 3
P. Resolution in Support of Those Serving in the United States Armed Forces. Mayor Geagan introduced
Tom Mullon of the Eagan American Legion who discussed a program supporting families of members
of the armed forces.
Mayor Geagan moved, Councilmember Tilley seconded a motion to adopt a Resolution in Support of
Those Serving in the United States Armed Forces. Aye: 5 Nay: 0
PUBLIC HEARINGS
SIGN VARIANCE - NORTHERN POWER PRODUCTS
2859 LEXINGTON A VENUE SOUTH
City Administrator Hedges introduced this item regarding a request for a variance allowing two additional
product name signs for one tenant of a multi-tenant building located at 2859 Lexington Avenue South. Senior
Planner Ridley gave a staff report.
Roger Lervick, President of Northern Power Products, discussed the variance request.
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 a Variance allowing
two additional product name signs for one tenant of a multi-tenant building located at 2859 Lexington A venue South
in a Business Park zoning district in the SE If. of Section 03. Aye: 5 Nay: 0
PROJECT 806R, KENNERlCK ADDITION (POND HDP-1)
STORM SEWER IMPROVEMENTS
City Administrator Hedges introduced this item regarding storm sewer improvements for Kennerick
Addition, Pond HDP-l - Trunk Storm Sewer Outlet. Kevin Kimmes of Bonestroo, Rosene, Anderlik and Associates
made a presentation.
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 Tilley seconded a motion to cancel Project 806 and
approve Project 806R, Option 1, and authorize the preparation of a contract that may be let within 2 years after said
approval. Aye: 5 Nay: 0
KOHL'S DEPARTMENT STORE (LOT 1, BLOCK 1, TOWN CENTRE 70 15TH ADDITION)
EASEMENT VACATION
City Administrator Hedges introduced this item regarding a request to vacate a public easement within Lot
1, Block 1 Town Centre 70 Addition (Kohl's). He suggested the item be continued to the May 6,2003 Council
meeting due to the replacement easement documents prepared for signatures by the property owner has not yet been
signed.
Counci1member Maguire moved, Counci1member Carlson seconded a motion to open the public hearing,
close the public hearing and continue the matter to the May 6,2003 Council meeting. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
April 15, 2003
Page 4
OLD BUSINESS
BEAUTIFUL SAVIOR LUTHERN CHURCH - INTERIM USE PERMIT
Item N of the Consent Agenda, Findings of Fact for Denial for an Interim Use Permit - Beautiful Savior
Lutheran Church.
City Administrator Hedges discussed the request by Beautiful Savior Lutheran Church of an interim use
permit to allow temporary outdoor storage of recreational vehicles in their parking lot located at 4150 Pilot Knob
Road. Councilmembers discussed letters and comments received from the neighborhood in support of the interim
use permit since April 1 st. It was noted that this project is a unique community serviceeffort to be conducted by
volunteers.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Interim Use Permit
for Beautiful Savior Lutheran Church to allow outdoor storage of recreational vehicles in the parking lot located at
4150 Pilot Knob Road subject to the following conditions: Aye: 5 Nay: 0
1. This Interim Use Permit shall allow outdoor storage of up to 12 recreational vehicles.
2. The Interim Use Permit shall terminate on September 15,2003 (6 months).
3. The RV storage shall occur in the parking lot area closest to the west and south sides of the
existing church. Church shall work with Planning staff regarding feasibility of parking
against berm until parking lot is expanded.
4. The interim use permit shall be subject to administrative revi~w. 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.
5. Water, sewer and electrical connections must be approved the City prior to connections.
6. The church shall provide an on-site parking plan illustrating how parking needs will be
addressed on-site during construction.
7. The interim use permit shall be recorded at Dakota County prior to issuance of any building
permit or outdoor storage occurring.
8. No children shall be allowed on the site of the RV storage.
9. No bon fires shall be allowed on the property.
MODIFICATION TO A VARIANCE CONDITION FOR 1948/1944 SAFARI TRAIL
ROBERT MUELLER
City Administrator Hedges introduced this item regarding a request for modification to a condition of a
variance at 1944 Safari Trail Lots 13 & 14, Block 1, Safari Estates which was approved June 18,2002. Senior
Planner Ridley discussed the applicant's request to allow water and sewer to be installed in the accessory structure.
Robert Mueller, applicant, discussed his request to allow water and sewer, explaining he only wishes to
install a laundry tub and have the ability to wash his vehicles in his garage. Councilmembers discussed the request
and agreed the original conditions to the variance be upheld.
Councilmember Geagan moved, Councilmember Carlson seconded a motion to direct findings of fact for
denial of a modification to variance condition 7 for a garage variance at 1944 Safari Trail, to allow water and sewer.
Aye: 5 Nay: 0
CONTRACT 03-11, KENNERICK ADDITION (POND HDP-1 - TRUNK STORM SEWER OUTLET)
City Administrator Hedges introduced this item regarding installation of a storm sewer outlet and pond
improvements for Pond HDP-1 on the north side of Lone Oak Road, west of Pilot Knob Road. City Engineer Russ
Matthys gave a staff report.
Eagan City Council Meeting Minutes
April 15, 2003
Page 5
Councilmember Tilley moved, Councilmember Carlson seconded a motion to receive the bids for Contract
03-11 (Kennerick Addition, Pond HDP-l - Trunk Storm Sewer Outlet) and award the contract to Friedges
Contracting Co. for the base bid with alternate #7 in the amount of$274,268.65 and authorize the Mayor and City
Clerk to execute all related documents. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT AMENDMENT - LEX PROPERTIES
City Administrator Hedges introduced this item regarding a request for an amendment to a conditional use
permit to allow for an increase in the outdoor storage of non business related items at 2905 Lexington Avenue.
Senior Planner Ridley gave a staff report.
Mike Gresser, applicant, discussed his request for an additional 24 items to be included in a conditional use
permit to allow outdoor storage.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit Amendment to allow for an increase in the outdoor storage of non business related items at 2905 Lexington
A venue; subject to the following conditions: Aye: 5 Nay: 0
1. The outdoor storage area for non-business related items shall be located as shown on the revised plans
dated September 25, 2002.
2. The seven-foot electric gate shall be installed prior to any storage in the designated area.
3. The outdoor storage area is subject to all other City Codes applicable to outdoor storage.
4. Total number of items to be stored shall not exceed fifty four (54)
5. Items to be stored include only construction equipment and recreational vehicles.
PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE SELF STORAGE
City Administrator Hedges stated the applicant had requested this issue be continued to a future meeting.
Councilmember Tilley moved, Councilmember seconded a motion to continue consideration of a Planned
Development Amendment for Cornerstone Self Storage to June 3, 2003. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
Councilmember Tilley moved, Councilmember Maguire seconded a motion to appoint Councilmember
Fields as a representative to the Minneapolis-St. Paul Noise Oversight Committee and Assistant to the City
Administrator Dianne Lord as alternate, per the recommendation of the Airport Relations Commission.
Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed a Grant Agreement for a shoreline restoration project at LeMay Lake.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to authorize the Mayor and
City Clerk to execute contract for Minnesota Department of Natural Resources shoreland habitat improvement
project at Moonshine Park. Aye: 5 Nay: 0
Councilmember Fields expressed concern regarding a vendor conducting business at the comer of Highway
3 and Diffley Road in Inver Grove Heights. Staff was directed to write a letter to the City of Inver Grove Heights
regarding safety issues concerning this vendor.
Eagan City Council Meeting Minutes
April 15, 2003
Page 6
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember moved, Councilmember seconded a motion to adjourn the meeting at 8:05 p.rn. and went
into Executive Session to discuss Police Dispatch bargaining.
;j-/5-~t3
Date
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
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orientation, marital status or status with regard to public assistance.