05/03/2005 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
May 3, 2005
A Listening Session was held May 3, 2005 at 6:00 p.m. prior to the regular City Council meeting. One resident
expressed concern over loud music in her neighborhood and questioned if the City had an ordinance pertaining to
noise. Councilmembers stated that a noise ordinance had been adopted within the past couple of years. Chief of
Police Therkelsen met with the resident to discuss the matter further.
A regular meeting of the Eagan City Council was held on May 3, 2005 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson 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 Pepper.
AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the April 19, 2005 regular City Council meeting
and the April 26, 2005 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Lisa Fritze and Melissa Otte as part-time guest
services representatives at the Community Center.
2. It was recommended to approve the hiring of Justin Albers, Jackie Carlson, Jenifer Culbertson,
Lindsey Dulin, Maggie Elliott, Nicole Farlee, Kristin Giles, Kalin Laurent, Travis Laurent,
Kathrine Maruish, Dana Mueller, Kelli Schlittler, Jennifer Sparks, Amber Stevenson and
Stephanie Westerlund as part-time seasonal recreation leaders.
3. It was recommended to approve the hiring of Erick Bertelsen, Kevin Blake, Steven Bringgold,
Melissa Boehmer, Stephanie Carll, Joe DeFrance, Katy Donndelinger, Lauren Donovan, Angela
Dooley, Laura Farlee, Luke Garrison, Allison Girres, Paul Hanninen, Andrew Johnson, Nicholas
Landauer, Kathryn Mustonen, Emily Pollock, Megahan Sparks, Matt Steele, Kevin Stevenson,
Aaron Strey, Aleecia Svien and Megan Williams as part-time seasonal recreations assistants.
4. It was recommended to approve the hiring of Meghan Chappuis and Christie Mason as part-time
seasonal recreation program assistants.
5. It was recommended to approve the hiring of John Reich as a summer supervisor at the Civic
Arena.
6. It was recommended to ratify the implementation of the new job description evaluation system
initiated in May 2004.
C. Check Registers. It was recommended to ratify the check registers dated April 21, 2005 and April 28,
2005 as presented.
D. Official Site for Publications. It was recommended to declare the City of Eagan website as an additional
official site for agenda publications.
E. Trash Hauler License. It was recommended to approve a 2005 Trash Hauler License for All-Star
Disposal, Inc., 7845 East Boyd Court, Inver Grove Heights.
F. 2005 Tobacco License. It was recommended to approve a 2005 Tobacco License for James Tousignant to
sell tobacco products at Valley Lounge, 3385 Sibley Highway in Eagan subject to the following condition:
1. Issuance of the license shall be contingent on the applicant/property owner resolving illegal
outdoor storage of accumulated refuse that includes: a junk tractor stored on the east site of the
property and the following items in the wooded area on the west side of the property: a toilet, oil
drums, 55 gallon drums, 5 gallon buckets, wood refuse / lumber, chair frame tarps, lids, paper
refuse, bottles, leaf bags, pallets, cinder blocks, satellite dish and other unidentifiable.
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May 3, 2005
Page 2
G. Disposal of Obsolete Computer Equipment. It was recommended to approve the disposal of obsolete
computer equipment including monitors, computers and printers.
H. Joint Powers Cost Share Agreement. It was recommended to approve a Joint Powers Cost Share
Agreement for Pictometry International Corporation. General license terms and conditions subject to City
Attorney and City Administrator satisfaction.
I. Change Order #1,Contract 05-05. It was recommended to approve change order #1 to Contract 05-05,
Cascade Bay Pool Repairs for $34,695.
J. Policy Changes ? Community Center. It was recommended to approve the following policy changes to the
Eagan Community Center as recommended by the Operations Committee:
1. Allow individual personal beverages to be brought into the building but continue with policy of
no outside food.
2. Allow City sponsored programs/groups to purchase and pick-up food from one of the predefined
providers. This will provide a more efficient use of staff time and eliminate the need for internal
tracking and transfer of dollars.
3. No longer offer courtesy cups of water in concessions.
4. Children under the age of 16 shall be charged admission to the Blast. Sixteen and over are
treated as adults and get in free.
5. Children over 18 months shall be charged admission to the Blast. Under 18 months are free.
6. The Eagan Seniors can purchase and install a computer in the Lone Oak Room at their expense
and under the guidelines outlined by the City of Eagan.
7. All flexibility of rental rates by developing a prime time and non-prime time rate structure. This
will allow the Rental Coordinator and Manager the flexibility of renting less desired times in
order to keep space rented.
8. Allow banquet reservations for residents to be made 24 months in advance with the condition
that they will be charged the rate in effect at the time of the reserved date. Non-residents can
make reservations 21 months in advance.
K. 2005 Tobacco License. It was recommended to approve a 2005 Tobacco License for Charles Jacobs to sell
tobacco products at New-mart, Inc., 1969 Silver Bell Road.
L. 2005 Parks Capital Improvement Plan. It was recommended to adopt the 2005 Parks Capital Improvement
Plan.
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M. Mutual Police Assistance Agreement. It was recommended to approve a Mutual Police Assistance
Agreement for enforcement of traffic safety laws.
N. Purchase and identify funding source for replacement of mobile command vehicle. It was recommended
to approve the replacement of the Mobile Command Vehicle and identify the funding source.
O. Contract 03-09, Change Order #12. It was recommended to approve Change Order #12 to Contract 03-09
(Water Treatment Plan Expansion) and authorize the Mayor and City Clerk to execute all related
documents.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the consent agenda as
presented. Aye: 5 Nay: 0
PUBLIC HEARINGS
HALLEY?S FIRST ADDITION ? EASEMENT VACATION
City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements
within Lots 4 and 5, Block 1, Halley?s First Addition. He stated that staff is recommending that action be
nd
continued until consideration of the Final Plat of Halley?s 2 Addition. Public Works Director Colbert explained
the history and purpose of the request.
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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May 3, 2005
Page 3
Councilmembers referenced previous discussion of this area at their retreat in January and agreed that additional
information regarding plans for this general area of the City need to be considered and discussed.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of vacating
the public drainage and utility easements within Lots 4 and 5, Block 1, Halley?s First Addition to be concurrent
nd
with the Final Plat approval of Halley?s 2 Addition. Aye: 4 Nay: 1 (Fields opposed)
CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
City Administrator Hedges introduced this item regarding the final assessment roll for delinquent false alarm bills.
He stated there are currently five delinquent bills with an assessable amount of $675.00.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and
turned discussion back to the Council.
05-22
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the final assessment roll for
delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT UTILITY BILLS
City Administrator Hedges introduced this item regarding the final assessment roll for delinquent utility bills. He
stated the assessable amount is $60,465.44.
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 Carlson seconded a motion to approve the final assessment roll for
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delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
OLD BUSINESS
ORDINANCE TERMINATING THE MORATORIUM RESTRICTING THE ISSUANCE OF OFF-SALE
LIQUOR LICENSES ESTABLISHED BY ORDINANCE NO. 383, INTERIM USE: ALCOHOLIC
BEVERAGES LICENSING STUDY
City Administrator Hedges introduced this item regarding the termination of the moratorium restricting the
issuance of off-sale liquor licenses. An Interim Use Ordinance was adopted by the City Council on October 19,
2004 to allow Council the opportunity to determine what, if any, additional restrictions/criteria should be imposed
in the area of off-sale liquor licensing and regulation. Review of information provided by staff following a survey
of other metropolitan cities? and input from current off-sale liquor license holders was held at previous Council
workshops.
Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt an ordinance terminating the
moratorium restricting the issuance of off-sale liquor licenses established by Ordinance No. 383, Interim Use:
Alcoholic Beverages Licensing Study. Aye: 5 Nay: 0
NEW BUSINESS
APPOINTMENTS TO CEDAR CORRIDOR TRANSPORTATION INFRASTRUCTURE
IMPROVEMENT GROUP AND TECHNICAL ADVISORY COMMITTEE
City Administrator Hedges discussed the request for appointments to the Cedar Corridor Transportation
Infrastructure Improvement Group and the Cedar Corridor Technical Advisory Committee.
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May 3, 2005
Page 4
Staff was directed to obtain information from the MVTA in regard to their representation on the Cedar Corridor
Group. Further discussion of this item will be held at the May 10, 2005 Special City Council meeting.
CONDITIONAL USE PERMIT
SCHWAN?S HOME DELIVERY
City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow outdoor
storage of up to 70 home delivery trucks, and a request for a conditional use permit to allow a 18,000 gallon LP
tank on the north side of the lot for property located at 3707 Kennebec Drive. City Planner Ridley gave a staff
report.
Craig Patterson, representing OPUS, discussed the proposed screening of the area where delivery trucks will be
parked.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
allow outdoor storage of up to 70 home delivery trucks on property located at 3707 Kennebec Drive Lot 2, Block 1,
Cedar Bluff Business Center; subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval and proof of its recording be provided to the City.
2. The storage of the home delivery trucks shall be located in the 32 designated parking stalls at the
north end of the building; if additional trucks are stored they shall be parked along the west or east
end of the site in designated parking stalls that are screened by a building.
3. There shall be no parking of delivery trucks between the building an Kennebec Drive.
4. Deciduous trees shall be planted around the existing pond for water cooling effects.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
allow a 18,000 gallon LP tank on the north side of the lot for property located at 3707 Kennebec Drive Lot 2, Block
1, Cedar Bluff Business Center; subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval and proof of its recording be provided to the City.
2. Storage of the LP tank shall meet all Fire Code requirements.
CONDITIONAL USE PERMIT AND VARIANCES
MCDONALDS ? 1995 SILVER BELL ROAD
City Administrator Hedges introduced this item regarding a request for a conditional use permit to rebuild a Class
II restaurant with drive-through service; a variance of 5.75 feet to the minimum 24 foot structure height; and a
variance of 19 stalls to the minimum required number of 67 parking stalls, on property located at 1995 Silver Bell
Road. City Planner Ridley gave a staff report.
Tom Butler, franchise owner of the McDonalds restaurant, discussed the plans for the new building, including
outdoor seating, exterior materials and interior design.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
rebuild a Class II restaurant with drive-through service, on property located at 1995 Silver Bell Road in the SW ¼
of Section 17, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City
Council.
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May 3, 2005
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2. The property shall be platted prior to issuance of a building permit.
3. The site plan shall be adjusted to create the required 20-foot minimum parking setback on the southwest
corner of the site.
4. The one-way drive aisle on the northeast side of the site shall provide a minimum of 35.5 feet between
perimeter curb and outside order lane curb.
5. All grading, utilities and storm drainage issues will be addressed at the time of building permit
application.
6. The property owner shall sign a waiver agreement, in a form acceptable to the City Attorney, waiving
their right to object to or appeal the assessments under City Project No. 800R - Cedar Grove Access
Modifications.
7. In an effort to increase survival chances of the two specimen bur oak trees:
a. The five parking spaces on the west end of the site near the south tree shall be eliminated.
b. One parking space nearest to the north tree shall be eliminated.
c. Structural fill type of soil shall be utilized to minimize critical root zone soil compaction to allow for
the construction of compacted roadways while preserving a non-compacted tree root area.
d. The applicant shall contract with a certified tree arborist to prepare a tree survival plan to ensure the
survival of both trees. Actions recommended by this arborist may include fertilization, root aeration,
growth stimulator injection, and/or therapeutic pruning, etc.) Such a tree survival plan should be
submitted to the City Forester for review prior to issuance of a building permit, or commencement of
construction activity on the site, including demolition or grading activity.
8. A revised landscape plan should be submitted prior to release of the CUP for recording. This revised plan
shall show the following:
a. Additional landscaping to achieve the 10% of total land area around the perimeter of private parking
and driveway areas shall be landscaped, especially on the Cedar Grove Parkway, Hwy. 13, and Silver
Bell Center sides.
b. Automatic irrigation shall be provided, and noted on the landscape plan.
c. Additional landscape elements shall be provided on the northwest and northeast sides of the property
to screen the drive-through lane and parking lot from Hwy. 13. Such landscaping shall be 3?-4? in
height and incorporate both deciduous and evergreen materials to achieve 75% opacity at maturity
d. At least one shade tree shall be added to the landscaped parking lot island.
e. Additional overstory trees shall be provided to achieve the standard of one overstory tree for each 25
feet of landscaped area where parking abuts the street, and one for every 500 sq. ft. of landscaped area
on the entire site.
f. The landscape plan shall be revised to include the required information (size of plant materials, root
conditions, botanical names, root conditions, irrigation and grading contours) as well as modifications
outlined in the staff report, before the Conditional Use Permit is released for recording.
9. Pole-mounted site lighting shall not exceed 20 feet in height. All lights shall be shielded and downcast to
minimize glare. Light levels shall not exceed 0.5 footcandles at the property line. Within the parking lot,
light levels shall not be less than 0.5 footcandles in all locations.
10. Awnings and canopies shall be of a color that is complementary to the brick and Dryvit materials.
11. The monument sign shall comply with the CGD zoning district standards for freestanding signs.
12. All signage shall comply with the City Sign Code. The number of building signs is limited to three signs
on two elevations, and directional signs may not exceed six square feet in area.
13. Each drive-through order lane may have one menu board; the merchandiser signs shall not be allowed.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the maximum
10 foot structure setback for property located at 1995 Silver Bell Road. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 5.75 feet to the
minimum 24-foot structure height. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 19 stalls to the
minimum required number of 67 parking stalls on property located at 1995 Silver Bell Road. Aye: 5 Nay: 0
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May 3, 2005
Page 6
DISPOSAL OF CITY PROPERTY ? CITY OF EAGAN
City Administrator Hedges introduced this item regarding the transfer of city property within the Nicols Fen to the
Department of Natural Resources. City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to transfer city parcel (PIN 10-01800-
010-53) within the Nicols Fen to the Department of Natural Resources. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
SCHEDULING OF SPECIAL CITY COUNCIL MEETINGS
Discussion was held regarding the need for additional special City Council meetings.
Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule a Special City Council
Retreat on Tuesday May 24, 2005 at 5:30 p.m. and schedule a Special City Council meeting on Tuesday, May 31 at
5:30 p.m. Aye: 5 Nay: 0
CORRESPONDENCE ? MAC / CONTOUR MAP
Discussion was held regarding a letter to the Metropolitan Airports Commission requesting a map that
demonstrates the projected DNL contours beyond the 60 DNL.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to send correspondence to
the MAC with a request for a map that demonstrates the projected DNL contours beyond the 60 DNL.
Aye: 5 Nay: 0
REDEVELOPMENT DISTRICT UPDATE
Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts.
NEW RUNWAY / AIRPORT UPDATE
Assistant to the City Administrator Miller provided a written new runway/airport update.
Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council
meeting at 7:45 p.m. and immediately convene a meeting of the Economic Development Authority.
The regular City Council meeting was reconvened at 7:50 p.m.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 7:50 p.m. Aye: 5 Nay: 0
_____________________________ ___________________________________
Date Administrative Secretary / Deputy City Clerk
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).
Eagan City Council Meeting Minutes
May 3, 2005
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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.
Eagan City Council Meeting Minutes
May 3, 2005
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