10/05/2004 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 5, 2004
A regular meeting of the Eagan City Council was held on Tuesday, October 5, 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 Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as amended.
Aye: 5 Nay: 0
CONSENT AGENDA
Clarification regarding items D and J was made. An additional item was added as item V.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda.
Aye:5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the September 21, 2004 regular City Council
meeting and the September 13, 2004 special City Council meeting as presented.
B. Personnel Items. Information only.
C. Check Registers. It was recommended to ratify the check registers dated September 23, 2004, and
September 30, 2004 as presented.
D. Election Judges. It was recommended to approve the list of election judges for the November 2, 2004
General Election.
E. Delinquent Utility Bills. It was recommended to schedule a public hearing for November 4, 2004 to
consider the final assessment of delinquent utility bills and certify them to Dakota County for collection
with property taxes.
F. Delinquent False Alarm Bills. It was recommended to schedule a public hearing for November 4, 2004 to
consider the final assessment of delinquent false alarm bills and certify them to Dakota County for
collection with property taxes.
G. Agreement. It was recommended to approve an agreement between the Lower Minnesota River
Watershed District and the City of Eagan and authorize the Mayor and Deputy Clerk to execute all related
documents.
H. Fitness Promotion. It was recommended to approve the proposed January fitness promotion for the Eagan
Community Center.
I. Hours of Operation for Community Center. It was recommended to approve the proposed 2005 hours of
operation for the Eagan Community Center.
J. Maintenance Agreement. Item removed from agenda.
K. Contract 02 -13. It was recommended to approve the final payment for Contract 02 -13 (July 2000 Storm
Mitigation — Storm Sewer Improvements) in the amount of $22,520.80 to Danner, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
L. Contract 04 -12. It was recommended to approve the final payment for Contract 04 -12 (Terra Glenn —
Raw Water Transmission Line Improvements) in the amount of $19,600.00 to Nodlund, Inc. and accept
the improvements for perpetual City maintenance subject to warranty provisions.
M. Project 884, Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project
884 (Borchert Lane — Street & Utility Improvements) and schedule a public hearing to be held on
November 1, 2004.
N. Revised Preliminary Subdivision. It was recommended to approve the Revised Preliminary Subdivision
and Final Subdivision (Evergreen Enclave) to create 7 lots and a 1.5 acre outlot on 7.7 acres for property
located at 4195 Lexington Way South.
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October 5, 2004
Page 2
O. Project 884, Street & Utility Improvements. It was recommended to approve an Easement Agreement for
Project 884 (Borchert Lane — Street & Utility Improvements) with the owner of Parcel No. 10- 14700 -010-
01 and authorize the Mayor and Deputy City Clerk to execute all related documents.
P. Ordinance Amendment. It was recommended to adopt the mandatory Minnesota State Building Code
Chapters 1335 and 1346.
Q. Cul -de -sac Study. It was recommended to direct Community Development staff to review cul -de -sac
standards generally and prepare findings for review /discussion by the Advisory Planning Commission and
City Council.
R. DSL Services. It was recommended to approve a resolution urging Qwest to fully extend DSL services to
all of Eagan.
S. Consulting Firm. It was recommended to approve the hiring of a consulting firm to conduct an
organizational study for the City of Eagan.
T. Bid Award. It was recommended to approve a bid award to Pierce Manufacturing for two fire apparatus
replacements (fire pumper / pumper tanker trucks).
U. EAW. It was recommended to authorize transmittal of the developer's Draft Environmental Assessment
Worksheet Submittal for the Diamond T property / Steeplechase development proposal to SRF for review
and coordination.
V. Change in Meeting Date. It was recommended to change the November 1, 2004 regular City Council
meeting to November 4, 2004.
Mayor Geagan opened the public hearing.
PUBLIC HEARINGS
PROJECT 874, TH 55 NORTH FRONTAGE ROAD / GIFT OF MARY
STREET & UTILITY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 874 (North
Frontage Road / Gift of Mary — Street & Utility Improvements). Public Works Director Colbert gave a staff report.
Jon Cina, 3402 Highway 55, objected to the proposed assessment to his property, stating he will not benefit from
the street and utility improvements.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to
the Council.
After discussion, Councilmembers agreed that an appraisal should be conducted for Mr. Cina's property.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll
for Project 874 (North Frontage Road / Gift of Mary — Street & Utility Improvements), parcels 10- 01200 - 060 -02
and 10- 29800 - 010 -Oland authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Fields seconded a motion to order an appraisal for parcel number
10- 03800 - 070 -02 and continue consideration of the assessment for this property. Aye: 5 Nay: 0
PROJECT 898, TERMINAL DRIVE STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for Project 898 (Terminal Drive
— Street Overlay Improvements). 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.
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October 5, 2004
Page 3
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for
Project 898 (Terminal Drive — Street Overlay Improvements) and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
PROJECT 894, COACHMAN LAND CO., CENTURY POINTE, DONALD COURT
STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for Project 894, Century Pointe,
Donald Court street overlay improvements final assessment hearing.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for
Project 894 (Coachman Land Company, Century Pointe, Donald Court — Street Overlay Improvements) and
authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
IMRE / ROBERT O'NEIL HOMESTEAD ADDITIONS
DRAINAGE AND UTILITY EASEMENT VACATION
City Administrator Hedges recommended this item be continued for consideration at the time of final plat and
approval of Grand Oaks Five Addition.
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 continue consideration of vacating the
public drainage and utility easements with the Imre / Robert O'Neil Homestead Additions to be concurrent with the
Final Plat approval of the Grand Oak Five Addition. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT — DAREN GANGELHOFF
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to exceed the
maximum 25% impervious coverage in a Shoreland zoning district to allow a garage expansion on property
located at 648 Crimson Leaf Trail. City Planner Ridley gave a staff report.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to
exceed the maximum 25% impervious coverage in a Shoreland Zoning District to allow a garage expansion on
property located at 648 Crimson Leaf Trail, legally described as Lot 3, Block 2, Autumn Ridge in the NE 1 /4 of
Section 25, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. The applicant must obtain a building permit prior to construction of the addition.
3. The garage addition shall utilize exterior materials to match the principal building.
PLANNED DEVELOPMENT AMENDMENT — VIVA ITALIA, LLC
LOT 1, BLOCK 1, CENTENNIAL RIDGE 2 ADDITION
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October 5, 2004
Page 4
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a Class I
restaurant with on -sale liquor, and changes to the building signage and facade at 1629 Lena Court. City Planner
Ridley gave a staff report.
Kurt Manley and Dan Sarno, owners of the restaurant, discussed the additional five parking stalls recommended by
the Advisory Planning Commission. They requested the Council waive that condition.
Councilmembers held a discussion regarding a cross - easement and the possibility of a proof of parking for stalls on
the southwest side of the property.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow a Class I restaurant with on -sale liquor, and changes to the building signage and facade at
1629 Lena Court in the NW 1 /4 of Section 28, subject to the following conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder's office.
2. Allowable uses continue to be a drug store, and one story office building. Wit this Class I restaurant
and its associated joint parking, no other Class I restaurants or day care centers and no other uses that
would require additional joint parking shall be allowed.
3. The operation of the restaurant shall comply and be operated in accordance with all relevant state
laws and regulations regarding on -sale liquor.
4. Other than open/closed and hours of operation, window signage shall be prohibited.
5. The premises shall be open for inspection by the City and the City shall have the right to inspect the
premises.
6. Proof of parking for 9 to 11 stalls on the site shall be shown and constructed in the event the City
determines that additional parking is needed.
7. Proposed signage and facade changes as shown on Signage Plan.
8. Proof that cross easements are recorded.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the On -Sale Liquor and
Sunday license for Viva Italita, LLC, dba Viva Italia, at 1629 Lena Court. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT AT CLIFF LAKE CENTRE
INLAND COMMERCIAL LLC
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a reader
board sign on the existing pylon sign for Cliff Lake Centre; a Planned Development Amendment to allow 30 inch
by 80 inch banners on 17 light poles for Cliff Lake Centre; and a Planned Development Amendment to allow 30
inch by 12 inch tenant name signs attached to the approved banners, all located at 1960 Cliff Lake Road. City
Planner Ridley gave a staff report.
Rick Plessner, Inland Commercial, discussed the need for additional signage for the tenants of the center. Two
tenants of the center also discussed the need for additional signage.
Councilmembers discussed the proposed signage and the possibility of a precedent being set if the banners on the
light poles are approved.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow a reader board sign on the existing pylon sign for Cliff Lake Centre, located at 1960 Cliff
Lake Road subject to the following conditions: Aye: 3 Nay: 2 Geagan and Maguire opposed
1. A Planned Development Amendment Agreement shall be executed and recorded.
2. The letters shall not scroll, intermittently change or flash, the content can change as the tenant
message changes.
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October 5, 2004
Page 5
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial of a
Planned Development Amendment to allow 30 inch by 80 inch banners on 17 light poles (as indicated on the site
plan) for Cliff Lake Centre, located at 1960 Cliff Lake Road: Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Geagan seconded a motion to direct Findings of Fact for Denial of
a Planned Development Amendment to allow 30 inch by 12 inch tenant name signs attached to the proposed
banners (as indicated on the site plan) for Cliff Lake Centre, located at 1960 Cliff Lake Road. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT
LOT 1, BLOCK 1, SODERHOLM ADDITION
HOLIDAY STATIONSTORES
City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to
allow an expansion of the car wash and construction of an enclosure for salt storage and an amendment to the car
wash signage. City Planner Ridley gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow an expansion of the car wash and construction of an enclosure for salt storage on Lot 1, Block
1, Soderholm Addition, subject to the following conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder's office.
2. The new addition shall be constructed of materials that match the existing building.
3. No outside storage, sales, or display is permitted.
4. Entry and exit doors of the car wash shall be closed during wash/dry cycles.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Planned Development
amendment to amend the car wash signage for the Holiday store at 1065 Diffley Road, legally described as Lot 1,
Block 1, Soderholm Addition in the SW 1 /4 of Section 23, subject to the following conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder's office.
2. Car wash signage shall comply with the City Sign Code.
PLANNED DEVELOPMENT AMENDMENT AT THOMAS LAKE CENTER — PHUONG NGUYEN
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an off -sale
liquor store in Thomas Lake Center, located at 1565 Cliff Road, along with the Liquor License and a Tobacco
License. City Planner Ridley gave a staff report.
The applicant discussed the condition recommended by the Planning Commission which states there would be no
window signage other than open/closed and hours of operation signs. They requested that 50% window coverage
be allowed.
After discussion, Councilmembers agreed that 25% window coverage would be acceptable.
The owner of two local liquor stores spoke regarding the unlimited number of off -sale liquor licenses issued by the
City. They requested the Council consider limiting the number of licenses issued in the future. Councilmembers
agreed that the geographic aspects of off -sale liquor stores and the possible limit on the number of licenses issued
should be addressed. Staff was directed to review the ordinance and possibly survey existing off -sale liquor stores
for feedback.
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October 5, 2004
Page 6
Councilmember Fields moved, Mayor Geagan seconded a motion to approve a Planned Development Amendment
to allow an off -sale liquor store in Thomas Lake Center, located at 1565 Cliff Road subject to the following
conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded.
2. All signage shall comply with the City of Eagan Sign Ordinance.
3. There shall be no more than 25 percent window coverage with signage.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Off -Sale Liquor License
for Phuong La Nguyen, dba T.L. Liquors, 1565 Cliff Road, Suite 18 and 19. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a License to Sell Tobacco
Products for Phuong La Nguyen, dba T.L. Liquors, 1565 Cliff Road, Suite 18 & 19. Aye: 5 Nay: 0
REQUEST FOR EXEMPTION FROM MORATORIUM
CSM CORPORATION
City Administrator Hedges introduced this item regarding an application for a subdivision by CSM of property
located at the northwest corner of Lone Oak Road and Lone Oak Drive. City Planner Ridley gave a staff report.
Jill West, Lone Oak Road expressed concern regarding what is proposed for the area. Staff discussed the
Comprehensive Guide Plan.
Councilmembers agreed that further information is needed regarding permitted uses within the moratorium area.
Councilmember Carlson moved, Councilmember Fields seconded a motion to consider acceptance of an
application for a subdivision by CSM of property located at the northwest corner of Lone Oak Road and Lone Oak
Drive I the SW 1 /4 of Section 1 in the Northeast Eagan Moratorium Area, Lot 1, Block 1, Blue Ridge 5 Addition
until the October 19, 2004 Council meeting. Aye: 5 Nay: 0 (note: this item was reconsidered later in the
meeting).
CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE
City Administrator Hedges provided an update on the Caponi property acquisition.
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed proposed correspondence to the Minnesota Congressional Delegation
regarding the Proposed Part 150 Program.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the correspondence regarding
the proposed Part 150 Sound Insulation Program to be sent to all members of the Minnesota Congressional
delegation. Aye: 5 Nay: 0
Community Development Director Hohenstein stated he had information regarding the request by CSM for
exemption from the Northeast Eagan development moratorium.
Councilmember Maguire moved, Councilmember Carlson seconded a motion to reconsider item F of New
Business. Aye: 5 Nay: 0
Director Hohenstein provided information regarding the moratorium language.
Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize acceptance of an
application for a subdivision by CSM of property located at the northwest corner of Lone Oak Road and Lone Oak
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October 5, 2004
Page 7
Drive in the SW 1 /4 of Section 1 in the Northeast Eagan Moratorium Area, Lot 1, Block 1, Blue Ridge 5 Addition.
Aye: 5 Nay: 0
There were no visitors who wished to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 9:15 p.m. and go into a Closed Session to discuss pending litigation.
Date Administrative Secretary / Deputy Clerk
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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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