01/22/2002 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 22, 2002
A regular meeting of the Eagan City Council was held on Tuesday, January 22, 2002 at
6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers
Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior
Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and
Administrative Secretary / Deputy Clerk Mira McGarvey.
AGENDA
Mayor Awada noted that an additional item will be added under the Consent Agenda as
Item U.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the
agenda as amended. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
KAY GUSTAFSON
Kay Gustafson was recognized for her volunteerism and commitment to enhancing the
City of Eagan by being presented with the 2001 Spirit of Eagan Award.
DAVE RUGG
Dave Rugg was recognized for his commitment to the City of Eagan by being presented
with the 2001 Spirit of Eagan Award.
PRESENTATION OF PLAQUE ? BOND RATING UPGRADE
Dave MacGillivray, Chairman of Springsted, presented a plaque to the City in official
recognition of the increase in bond rating from Moody?s Investor Service.
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the January 8, 20002 regular City
Council meeting and the minutes of the January 8, 2002 Listening Session minutes.
B. Personnel Items.
1. It was recommended to approve the hiring of Mike Boyer as a part-time seasonal
broomball official.
2. It was recommended to approve the hiring of Midge Anderson as a part-time seasonal
substitute preschool program assistant.
C. License Renewals. It was recommended to approve the 2002 Tree Contractor License
renewals and a 2002 Commercial Fertilizer License renewal.
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January 22, 2002
Page 2
D. Exempt Gambling Permit. It was recommended to approve an Exempt Gambling Permit and
waive fees for Saints Martha and Mary Episcopal Church for a raffle to be held at 4180
Lexington Avenue South on February 9, 2002.
E. Ordinance Amendment. It was recommended to direct the City Attorney?s office to prepare
an ordinance amendment to Chapter 5, Section 5.51, entitled Beer, Wine and Liquor
Licensing and Regulation as it relates to the daily sports or convention facilities liquor license
fee.
F. Ordinance Amendment. It was recommended to direct the City Attorney?s office to prepare
an ordinance amendment to Chapter5, Section 5.52, entitled Beer, Wine and Liquor Licensing
and Regulation as it relates to the number of on-sale liquor licenses available to be issued in
the City of Eagan.
G. Name Change ? Liquor License. It was recommended to approve a name change on the
liquor license for Holiday Inn Select / Minneapolis Airport, located at 2700 Pilot Knob Road,
to Crowne Plaza Hotel ? Minneapolis Airport / Eagan.
H. Schedule Hearing ? Liquor License Suspension. It was recommended to direct the City Clerk
to schedule a mandatory hearing for the Holiday Inn Select regarding liquor sales violations
and to appoint the City Clerk as the hearing officer of the proceedings.
I. Comprehensive Guide Plan Amendment and Rezoning ? EHW Properties. It was
recommended to approve and implement a Comprehensive Guide Plan Amendment changing
the land use from MD (Medium Density Residential) to RC (Retail Commercial) upon
approximately 3 acres of land located at the southeast corner of Diffley Road and Johnny Cake
Ridge Road in the NW ¼ of Section 28; and to approve and implement a Rezoning from R-1
(Single-family Residential) to PD, Planned Development to accommodate a mixed land use
development upon approximately 8 acres of land located at the southeast corner of Diffley
Road and Johnny Cake Ridge Road in the NW ¼ of Section 28.
J. Award Contracts ? Community Center Construction. It was recommended to award contracts;
Community Center Construction Bid Sections #22, 23, & 26.
K. Contract 00-07. It was recommended to approve Change Order No. 8 to Contract 00-07 (TH
13 / Blackhawk Road ? Divided Four-lane Upgrade) and authorize the Mayor and City Clerk
to execute all related documents.
L. Contract 02-01. It was recommended to approve the plans and specifications for Contract 02-
01 (Beacon Hill, Brittany Additions, Johnny Cake Ridge Additions, and Covington Lane ?
Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Thursday, February 14, 2002.
M. Contract 01-02. It was recommended to approve the final payment for Contract 01-02
(Eagandale Center Industrial Park ? Street Overlay) in the amount of $7,445.02 to McNamara
Contracting, and accept the improvements for perpetual City maintenance subject to warranty
provisions.
N. Project 800. It was recommended to approve Acquisition Agreement and Relocation benefits
for Parcel #10-01900-010-04 (Express Donuts), and authorize the Mayor and City Clerk to
execute all related agreements.
O. Legal Services Agreement. It was recommended to approve an agreement for legal services to
the Burnsville/Eagan Telecommunications Commission between the City of Burnsville, the City
of Egan and Creighton, Bradley & Guzzetta, LLC.
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January 22, 2002
Page 3
P. Project 771. It was recommended to approve an Easement Agreement for Project 771
(Lexington Avenue ? Divided Four-Lane Upgrade) with the owner of Parcels 10-22515-020-
01 (LTEC Properties, LLC) and authorize the Mayor and Deputy City Clerk to execute all
related documents.
Q. Fee Schedule. It was recommended to amend the 2002 Fee Schedule to lower permit fees for
two plumbing-related items.
R. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale
liquor license for Saints Martha and Mary Episcopal Church and waive the $150.00 license fee.
S. Exempt Gambling Permit. It was recommended to approve an Exempt Gambling Permit for
Metro Chapter of MN Waterfowl Association.
T.Ordinance Amendment. It was recommended to direct preparation of an Ordinance
Amendment for Chapter 2, Section 2.50 of the Eagan City Code entitled Advisory
Commissions and Committees generally.
U.Caponi Art Park. It was recommended to authorize support of the State legislation that
provides for the deferral of property taxes and special assessments on certain property
dedicated to the arts.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the
Consent Agenda as presented. Aye: 5 Nay: 0
PUBLIC HEARINGS
PROJECT 862, DODD ROAD ? CAMBERWELL TO WESCOTT
STREET AND UTILITY IMPROVEMENTS
City Administrator Hedges introduced this item regarding Project 862, Dodd Road ?
Camberwell to Wescott street and utility improvements. Mark Hanson, Bonestroo Rosene
Anderlik and Associations, gave a detailed report on the proposed improvements.
Mayor Awada opened the public hearing.
Nine residents spoke in support of the proposed improvements. Six residents spoke in
opposition to the improvements. Their concerns included: urban vs. rural design, purpose of
safety/parking lane, impact on adjacent trees, runoff into Pond JP23, adverse effect on wildlife,
and costs.
There being no further public comment, Mayor Awada closed the public hearing and
turned discussion back to the Council.
Mayor Awada stated that the area is no longer a rural area and the proposed project
would provide needed safety as the road is a safety hazard as it is currently. She further stated
that a compromise has been made with providing only one trail, as she believes there should be
two trails.
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January 22, 2002
Page 4
Councilmember Tilley expressed concern over loss of trees and keeping the costs down as
much as possible.
Councilmember Fields expressed concern over the 10 foot safety lane.
Discussion was held regarding a proposed center turn lane at Elrene and it was the
consensus of the Council to eliminate the proposed turn lane.
Councilmember Bakken moved, Mayor Awada seconded a motion to approve Project 862
(Dodd Road: Camberwell Drive to Wescott Road ? Street and Utility Improvements) and
authorize the preparation of detailed plans and specifications with the elimination of turnlanes at
Elrene. Aye: 4 Nay: 1 Tilley opposed.
ORGANIZATIONAL BUSINESS
ADVISORY COMMISSION APPOINTMENTS
City Administrator Hedges discussed the interview process that had taken place on
January 15, 2002 and then explained the ballot matrix that would be used for voting on members
for each commission. Councilmembers were provided with ballots. The results were as follows:
Advisory Planning Commission:
Gary Huusko 3 year term
Julie Stackhouse 3 year term
Ted Gladhill 1 year term (alternate)
Advisory Parks and Recreation Commission:
Joseph Bari 3 year term
Elizabeth Perry 3 year term
Richard Pletcher 3 year term
Phil Belfiori 1 year term (alternate)
Airport Relations Commission:
Jerry Thompson 2 year term
Bruno DiNella 3 year term
Charles Thorkildson 3 year term
Mike Schlax 3 year term
Erik Peble 1 year term
Michael Cook 1year term (alternate)
Economic Development Commission:
Brian Carey 3 year term
Eagan City Council Meeting Minutes
January 22, 2002
Page 5
Jean Cheskis 3 year term
Nathan Spears 3 year term
Richard Ternet 1 year term (alternate)
Burnsville/Eagan Telecommunications Commission:
Alan Miller 3 year term
Bob Cooper 3 year term
Kurt Hicok 1 year term (alternate)
Waste Reduction and Recycling Advisory Commission
Ronald Moening 3 year term
Nathan Krahn 3 year term
Carla Heyl 1 year term (alternate)
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a
resolution ratifying the ballots for the appointments of advisory commission members.
Aye: 5 Nay: 0
ACTING MAYOR
Mayor Awada appointed Councilmember Fields as Acting Mayor.
OFFICIAL LEGAL NEWSPAPER
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve
the Dakota County Tribune as the City of Eagan?s official legal newspaper. Aye: 5 Nay: 0
CITY COUNCIL MEETING SCHEDULE
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve
the 2002 Schedule of City Council Meetings as follows: Aye: 5 Nay: 0
2002 SCHEULE OF REGULAR COUNCIL MEETINGS
JANUARY 8 MAY 7 SEPTEMBER 3
JANUARY 22 MAY 21 SEPTEMBER 17
FEBRUARY 5 JUNE 4 OCTOBER 1
FEBRUARY 19 JUNE 18 OCTOBER 15
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January 22, 2002
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MARCH 4* JULY 2 NOVEMBER 7**
MARCH 19 JULY 16 NOVEMBER 19
APRIL 2 AUGUST 6 DECEMBER 3
APRIL 16 AUGUST 20 DECEMBER 17
There will be a Listening Session at 6:00 p.m. before each regular Council meeting
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January 22, 2002
Page 7
2002 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS
JANUARY 17 MAY 14 SEPTEMBER 10
JANUARY 29 (tentative) MAY 28 (tentative) SEPTMEBER 24 (tentative)
FEBRUARY 12 JUNE 11 OCTOBER 8
FEBRUARY 26 (tentative) JUNE 25 (tentative) OCTOBER 22 (tentative)
MARCH 12 JULY 9 NOVEMBER 12
MARCH 26 (tentative) JULY 23 (tentative) NOVEMBER 26 (tentative)
APRIL 9 AUGUST 13 DECEMBER 10
APRIL 23 (tentative) AUGUST 27 (tentative)
CITY COUNCIL MEETING PROCEDURES
It was noted that several changes that have been approved previously were inadvertently
left out of the procedures presented for approval.
Mayor Awada moved, Councilmember Fields seconded a motion to continue approval of
City Council meeting procedures to the Consent Agenda of the February 5, 2002.
Aye: 5 Nay: 0
COUNCIL STANDING COMMITTEE REPRESENTATIVE APPOINTMENTS
Mayor Awada made the following committee representative appointments:
Finance Committee
: Councilmember Tilley (Chair) and Mayor Awada
Public Works Committee
: Councilmember Bakken (Chair) and Councilmember Fields
Personnel Committee
: Councilmember Carlson (Chair) and Councilmember Bakken
Minnesota Valley Transit Authority Board
: Councilmember Tilley
School Districts
: Councilmember Fields
Municipal Legislative Commission
: Mayor Awada
Councilmember Fields moved, Councilmember Tilley seconded a motion to re-affirm
members to each of the three Community Center / Central Park Teams as follows:
Aye: 5 Nay: 0
Community Center/Central Park Teams
:
Site Design Team
: Mayor Awada and Councilmember Carlson
Partnerships
: Mayor Awada and Councilmember Tilley
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January 22, 2002
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Operations
: Councilmembers Bakken and Carlson
Facility Design Team
: Councilmembers Bakken and Carlson
The City Council also discussed their committees and subcommittees related to the 2001-
2002 strategic plan (goals). There was unanimous consensus that the seven (7) committees
related to the strategic plan continue with the addition of Councilmember Tilley joining
Councilmember Carlson on the Cedar Grove Redevelopment and Councilmember Carlson joining
Councilmember Bakken on the Rapid Outbound Telephone System. There are five (5) other
committees/subcommittees that consist of 1 - 2 Councilmembers and the only change was a
correction in the name of the Sign Committee, changed to Business Sign Committee.
NEW BUSINESS
REZONING & PRELIMINARY SUBDIVISION
MANLEY BROTHERS CONSTRUCTION
City Administrator Hedges introduced this item regarding the rezoning of approximately
10 acres from A (Agriculture) to R-1, (Residential Single Family) and a Preliminary Subdivision
(Natures Edge) to create 20 single family lots for property abutting the west side of Dodd Road,
South of Cliff Road and north of McFaddens Trail. Senior Planner Ridley gave a staff report.
Mayor Awada asked how the plat had changed since the Advisory Planning Commission
review. Senior Planner Ridley reviewed the changes. Mayor Awada expressed concern over the
number of accesses off of Dodd Road and the size of Lot 17. Mr. Manley discussed a solution
for making Lot 17 larger. An access easement was also discussed.
Senior Planner Ridley suggested that Council approve the preliminary subdivision with
Lots 16, 17 and 18 being platted as an outlot.
Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Rezoning
of 10.04 acres from A (Agriculture) to R-1 (Residential Single Family) located at 4665 and 4636
Dodd Road in the NW ¼ of Section 36. Aye: 4 Nay: 0 Abstain: Fields
Mayor Awada moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision to create 17 lots and one outlot ( Lots 16, 17 and 18 designated as on outlot ) for
single family dwellings on 10.04 acres located at 4665 and 4636 Dodd Road in the NW ¼ of
Section 36 with the following conditions: Ayes: 4 nay: 0 Abstain: Fields
1. The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3, 1993: B1, 2, 3, 4; C1 2, 3; D1; E1
2. The property shall be platted.
3. The applicant shall receive permit prior to the demolition of structures on site.
4. All well and septic systems within the subdivision shall be abandoned in accordance
with City and Dakota County standards as part of this development.
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January 22, 2002
Page 9
5. Easements for the monument signs shall not conflict with City easements. The
developer shall prepare documents for the monument sign easements and submit them
to the City Attorney for review prior to Final Subdivision approval. The applicant
shall obtain separate sign permits prior to the installation of the entrance monument
signs.
6. Lots 1, 2, 8-13, and 19 and 20, Block 1 and future lots created by the subdivision of
Outlot A, if applicable shall comply with applicable standards of the shoreland
ordinance.
7. The applicant shall install and provide tree mitigation according to the City of Eagan
Tree Preservation Ordinance. Mitigation is calculated to be 24 Category A, or an
equivalent of Category B or C trees.
8. The developer shall install Tree Protective measures (i.e. orange colored silt fence or 4
foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the
Critical Root Zone, whichever is greater, of significant trees/woodlands to be
preserved.
9. The developer shall contact the City Forestry Division to set up a pre-construction site
inspection at least five days prior to the issuance of the grading permit to ensure
compliance with the approved Tree Preservation Plan and placement of the Tree
Protection Fencing.
10. Individual lot tree preservation plans shall be submitted at the time of building permit /
grading permit application for Lots 1-12, 14, and 20, Block 1 and the future
subdivision of Outlot A.
11. A contract for the upgrade of Dodd Road (with associated public utility extensions
and storm sewer) shall be awarded by the City Council prior to Final Subdivision
approval for this development.
12. This development shall dedicate 33 feet of one-half right-of-way along Dodd Road.
13. The development shall meet the City?s water quality requirements primarily by creating
a minimum stormwater treatment capacity of 0.2 acre-feet covering a minimum area of
0.1 acre. The stormwater treatment pond should be constructed according to NURP
standards with a maximum depth of 6 feet, a 10:21 aquatic bench from the normal
water level, and an outlet skimmer according to City design standards.
14. A cash dedication is required in lieu of ponding for untreated stormwater that will
runoff of 2.0 acres of the site.
15. The development shall be allowed 334 square feet of wetland fill. However, prior to
any such activity, the development is required to file an appropriate application with
and received from the City a de minimis exemption permit.
16. A vegetative buffer shall be required around the perimeter of the wetland. The buffer
may be of varying widths subject to approval by the City Water Resources
Coordinator.
17. The subdivision shall be subject to cash park and trail dedication.
18. The developer shall include language in purchase agreements or restrictive covenants
that informs future lot owners about wetland and buffer maintenance.
19. A public trail access easement shall be dedicated over the existing trail and small
bridge on the berm within the existing pond along the west edge of the development.
The developer shall dedicate the easement at the time of Final Subdivision approval.
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January 22, 2002
Page 10
20. Staff will review the Dakota County Park Department?s comments on the proposed
Nature?s Edge stormwater management plan as it relates to the Lebanon Hills
Regional Park Master Plan. Concerns will be addressed and incorporated during the
Final Subdivision process.
CDBG FUNDING FOR FISCAL YEAR 2002
City Administrator Hedges introduced this item regarding block grant funding from the
US Department of Housing and Urban Development for programs that adhere to national
objectives and eligible activities. Senior Planner Ridley gave a staff report and discussed
suggested allocation of the funds.
Councilmembers discussed the allocation of the $238,042 funding amount.
Councilmember Bakken suggested that the Quarry Park Youth Development allocation be deleted
and the funds be designated elsewhere. Councilmember Carlson stated she did not feel it was
appropriate to allocate funding for the services at Wescott, as it is private property.
After discussion, Councilmembers agreed to eliminate the services to Wescott effective with the
conclusion of FY 2001 (June 30, 2002).
Mayor Awada moved, Councilmember Bakken seconded a motion to distribute the FY
2002 Community Development Block Grant funding as follows: Aye: 5 Nay: 0
Home Swap (Senior Housing) $120,000
Homeownership Assistance $ 10,542
Cedarvale Blight $107,500
Mayor Awada moved, Councilmember seconded a motion to adopt a resolution
authorizing the City Administrator to submit the CDBG Program applications, per Council
distribution direction, to Dakota County CDA. Aye: 5 Nay: 0
ADJOURNMENT
The meeting adjourned at 10:35 p.m.
_____________________________ ___________________________________
Date 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) 681-4600,
(TDD phone: (651) 454-8535).
Eagan City Council Meeting Minutes
January 22, 2002
Page 11
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.