06/18/2002 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 18, 2002
A regular meeting of the Eagan City Council was held on Tuesday, June 18, 2002 at 6:30 p.m. at
the Eagan Municipal Center. Present were Acting Mayor Cyndee Fields and Councilmembers Bakken,
Carlson, and Tilley. Mayor Awada was out of town. 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
Acting Mayor Fields announced that item A under Old Business regarding Manley Addition and
item C under New Business regarding Covington Townoffice Park is being pulled from the agenda at the
request of the applicants.
Councilmember Tilley requested that item X on the Consent Agenda be pulled for discussion.
City Administrator Hedges noted an additional personnel item to be placed on the Consent Agenda
as item AA.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda
as amended. Aye: 4 Nay: 0
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the June 4, 2002 regular City Council
meeting, the June 4, 2002 Listening Session minutes and the June 4, 2002 Special City Council
workshop minutes.
B. Personnel Items.
1. It was recommended to approve the hiring of Thomas Miklya as a Building Inspector.
2. It was recommended to approve the hiring of Lawrence pierce as a utilities maintenance
worker.
3. It was recommended to approve the hiring of Michael Bauer as an ice arena/pool
maintenance worker.
4. It was recommended to approve the hiring of Susie Scott as a part-time Clerical Tech III in
the Community Development Department.
5. It was recommended to approve the hiring of Roy Prudencio, Daniel Bjerke and Andrew
Koppang as seasonal park workers.
6. It was recommended to approve the hiring of Richard Sullivan, Brian Hopkins, Elizabeth
Erkel, Adria Carlyon and Danny Kriha as seasonal park maintenance workers.
7. It was recommended to approve the hiring of Nathaniel Dorff and Beth Guse as seasonal
GIS/GPS Interns.
8. It was recommended to authorize the hiring of Administrative Intern (Dianne Lord) as
Assistant to the City Administrator.
C. Ratify Check Registers. It was recommended to ratify the check registers dated June 6, 2002 and
June 13, 2002 as presented.
D. 2002-2003 Service Station License Renewal. It was recommended to approve 2002-2003 Service
Station License renewals for the Cedarvale Texaco.
E. 2002 Amusement Device License Renewals. It was recommended to approve 2002 Amusement
Device License renewals for the following: Valley Lounge, Mediterranean Cruise, LaFonda?s,
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June 18, 2002
Page 2
Piccolo?s, Wal-Mart, Cherokee Sirloin Room, Pizza N Pasta, Diamond T Ranch, Al Baker?s, and
Cub Foods.
F. 2002 Massage Therapy Establishment License Renewal. It was recommended to approve 2002
Massage Therapy Establishment License renewal for Cole?s Salon.
G. Telephone System. It was recommended to authorize solicitation of bids for the City telephone
system.
H. Final Payment ? Community Room. It was recommended to approve final payment of the
Community Room Construction Contract.
I. Declare Airport Relations Commission Vacancy. It was recommended to appoint Airport
Relations Commission alternate Michael Cook to fill the remainder of a tree-year term and declare
the ARC alternate position vacant.
J. Hearing Regarding Liquor License for Davanni?s Pizza. It was recommended to direct the City
Clerk to schedule a mandatory hearing for Davanni?s Pizza regarding liquor sales violations and to
appoint the City Clerk as the hearing officer of the proceedings.
K. Connection Charge Agreement ? Prowire, Inc. It was recommended to approve the connection
charge agreement with Prowire, Inc.
L. Bids for Interior Low Voltage Voice and Data Cabling for the New City of Eagan Community
Center. It was recommended to authorize solicitation of bids for interior low voltage voice an data
cabling for the new City of Eagan Community Center.
M. Contract 01-05. It was recommended to revise the bid opening for Contract 01-05 (Cedar Grove
Access Modifications) to 10:30 a.m., June 27, 2002.
N. Contract 01-13. It was recommended to award the contract for Contract 01-13 (Evergreen
Park/Ponds BP-15 and BP-16 ? July 2000 Storm Mitigation Improvements Area #5).
O. Project 98-C. It was recommended to acknowledge the completion of Project 98-C (Marice
Addition) and authorize perpetual City maintenance subject to warranty provisions.
P. Contract 01-04. It was recommended to approve Change Order No. 4 to Contract 01-04 (Central
Parkway ? Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
Q. Contract 02-15B. It was recommended to award contract for Central Park / Community Center
site improvements to the recommended bidder and authorize the Mayor and City Clerk to execute
all related documents.
R. Change Order Number 3 ? Eagan Community Center. It was recommended to approve change
order number 3 in the amount of $51,779 for the contractors identified.
S. Change Order Number 1 ? Eagan Well House Number 20 / Park Pavilion. It was recommended to
approve change order number 1 to Ebert Construction in the amount of $8,819.00.
T. Sign Ordinance. It was recommended to direct staff to review sign ordinance regarding definition
of ?governmental signage?.
U. Findings of Fact ? Parkview Golf Club. It was recommended to adopt Findings of Fact,
02-48
Conclusions and Resolution of Denial of the Conditional Use Permit (Parkview Golf Club) located
at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club Addition) in the NW ¼ of Section 34.
V. Project 99-R. It was recommended to acknowledge the completion of Contract 99-R (Lexington
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Pointe 14 Addition ? Street and Utility Improvements) and authorize perpetual City maintenance
subject to warranty provisions.
W. Project 01-E. It was recommended to authorize the time extension of the development agreement
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for Project 01-E (Oakbrooke 5 Addition ? Street and Utility Improvements) to June 15, 2003.
Y. Contract Agreement ? Community Center Rental Space. It was recommended to approve the
proposed contact agreement to be used for community center rental space.
Z. Sam?s Club Off-Street Parking Review. It was recommended to acknowledge review and
determination that there is no need for Sam?s Club to provide additional off-street parking.
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June 18, 2002
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AA. Resignation of Brittany Karels. It was recommended to accept the resignation of Brittany Carol
as Police Dispatcher.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as amended. Aye: 4 Nay: 0
X. Agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer
basis for the PGA Championship Golf Tournament.
City Administrator Hedges discussed the proposed agreement for Eagan Police Officers to
volunteer to assist the City of Chaska during the PGA tournament to be held from August 9, 2002 to
August 18, 2002. He clarified that the Police Officers would be working on a volunteer basis and that the
City of Chaska will provide workers? compensation insurance for the Eagan officers providing volunteer
assistance.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an agreement for
Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA
championship Golf Tournament. Aye: 4 Nay: 0
PUBLIC HEARINGS
VARIANCE ? CHARLES BRAGG (1899 SUNRISE COURT)
City Administrator Hedges introduced this item regarding a 15 foot variance from the required 30
foot front yard setback for the construction of a living space addition to an existing single family dwelling
on property located at 1899 Sunrise Court. Senior Planner Ridley gave a staff report.
Acting Mayor Fields opened the public hearing. There being no public comment, she closed the
public hearing and turned discussion back to the Council.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a 15 foot
Variance from the required 30 foot yard setback for the construction of a living space addition to an
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existing single family dwelling on property located 1899 Sunrise Court (Lot 11, Block 4, Suncliff 1
Addition) in the NW ¼ of Section 29 subject to the following conditions. Aye: 4 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for an extension has been granted by the Council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The exterior materials of the addition shall match those on the principal structure.
3. The addition shall comply with all applicable provisions of the Zoning Ordinance.
VARIANCE ? ROBERT MUELLER (1948 SAFARI TRAIL)
City Administrator Hedges introduced this item regarding a variance from the 578 square foot
maximum area for the construction of a 1,090 square foot detached garage on property located at 1948
Safari Trail. Senior Planner Ridley gave a staff report, explaining that this issue had been presented to
Council as a conditional use permit request in April and was tabled due to a moratorium on accessory
buildings. The Council approved a Zoning Ordinance Amendment in May that limited the area of detached
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June 18, 2002
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garages which now warrants that a variance be requested for the proposed detached garage in excess of 578
square feet.
Acting Mayor Fields opened the public hearing. There being no public comment, she closed the
public hearing and turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a 512
square foot variance from the 578 square foot maximum area for the construction of a 1,090 square foot
detached garage on property located at 1948 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the
SW ¼ of Section 32, subject to the following conditions: Aye: 4 Nay: 0
1. The applicant shall execute and record a Lot Combination Agreement to allow Dakota
County to assign one tax parcel identification number to Lots 13 and 14.
2. The accessory structure shall not encroach into the private additional yard and
recreation area easement on Lot 14.
3. Total area of all accessory structures shall not exceed 1,942 square effect.
4. A Tree Preservation Plan shall be submitted at the time of building permit.
5. The detached accessory structure shall exhibit the same color and materials as the
principal structure.
6. No commercial operation or home occupation shall be permitted in any accessory
structure on the property.
7. Living space shall not be permitted in the accessory structure. Water and sewer
service shall not be permitted.
8. The accessory structure shall meet all other Zoning Ordinance requirements.
9.
If within one year after approval, the variance shall not have been completed or
utilized, it shall become null and void unless a petition for an extension has been
granted by the Council. Such extension shall be requested in writing at least 30 days
before expiration and shall state facts showing a good faith attempt to complete or
utilize the use permitted in the variance.
NEW BUSINESS
CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATION ON DRAFT
AVIATION POLICY REPORT
City Administrator Hedges introduced this item regarding a draft of the Aviation Policy Report.
Assistant City Administrator Verbrugge gave a staff report. He noted that the Airport Relations
Commission recommended the City Council recommend the draft policy be moved forward by the
Metropolitan Council for inclusion in the Regional Blueprint.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to recommend the
Metropolitan Council move ahead with Aviation Policy Plan Update 2000-2020. Aye: 4 Nay: 0
CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON
JOINT AIRPORT ZONING BOARD
City Administrator Hedges introduced this item regarding the recommendations of the Eagan
Airport Relations Commission related to the MSP Joint Airport Zoning Board. Assistant City
Administrator Verbrugge gave a staff report. City Attorney Dougherty addressed the potential liability of
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June 18, 2002
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the City in regard to decisions made by the Zoning Board. City Administrator Hedges discussed the lack of
insurance coverage in the event of a lawsuit.
Councilmembers agreed to take no action on the recommendations to the MSP Joint Airport
Zoning Board in an effort to relay a message to the Board that the liability issue needs to be resolved.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges informed the Council that a representative to the Management
Committee of the Cedar Avenue Corridor Transit Way Technical Committee needs to be appointed.
Councilmember Carlson nominated Councilmember Tilley as representative to the Management
Committee of the Cedar Avenue Corridor Transit Way Technical Committee. Councilmember Fields
seconded the nomination. All voted in favor.
Alan Miller, Chair of the Burnsville/Eagan Telecommunications Commission updated the Council
on the status of the cable franchise sale that is currently being negotiated.
ADMINISTRATIVE AGENDA
ALLOCATION OF COUNCIL TRAVEL BUDGET TO
ADVISORY TELECOMMUNICATIONS COMMISSION
City Administrator Hedges discussed a request from Alan Miller, Chairperson of the Joint
Burnsville/Eagan Telecommunications Commission to travel to the NATOA conference. He further
discussed available funds within the Council conference budget that could be allocated to the Advisory
Telecommunications Commission in 2002.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a maximum
of $2,000 of the City Council travel budget for the Chairperson of the Telecommunications Commission to
attend the NATOA Conference. Aye: 4 Nay: 0
Councilmember Tilley provided information regarding the success of the Job Fair that was held in
May.
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Councilmember Carlson reminded the public of the upcoming 4 of July celebration.
Councilmember Bakken cautioned everyone to be careful with fireworks.
ADJOURNMENT
The meeting was adjourned at 7:40 p.m.
_____________________________ ___________________________________
Date Deputy City Clerk
Eagan City Council Meeting Minutes
June 18, 2002
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the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-
8535).
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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.