06/16/1998 - City Council Regular0('202
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 16,1998
A regular meeting of the Eagan City Council was held on Tuesday, June 16,1998 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin
and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director
of Public Works Tom Colbert, and City Attorney Mike Dougherty.
AGENDA
City Administrator Hedges stated that Old Business Item C, Duke Realty Investments, was being
continued to the July 7,1998 City Council meeting. He added that most of the items on the
Administrative Agenda could be included with the Consent Agenda. He also added that Items D
through G of New Business, Ordinance Amendments, could be discussed under Department Head
Business to allow those department heads who were present to provide additional information if
necessary and action on these items could still occur during New Business.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES OF THE JUNE 2,1998 REGULAR MEETING
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
MINUTES OF THE MAY 31,1998 SPECIAL MEETING
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0 (Councilmember Awada abstained)
MINUTES OF THE MAY 26,1998 SPECIAL MEETING
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
Mayor Egan introduced all four ordinance amendments, Items D through G of New Business, to
allow for any questions of department heads.
In regard to the ordinance amendment to Chapter Six, Massage Therapy Establishment and
Massage Therapist Licenses, Councilmember Wachter said he wants to ensure that the City will still
maintain the same control as before with the elimination of the requirements for a medical certificate and
photographs. Director of Finance/City Clerk VanOverbeke stated that the City will still maintain the
same control and said these two requirements do not add to the licensing process.
In regard to the ordinance amendment to Chapter Ten, Registration of Dangerous Dogs,
Councilmember Blomquist asked how a dangerous dog determination is made. VanOverbeke said that
there is specific criteria within the state statute that defines a dangerous dog and he also discussed the
animal warden's involvement in making such a determination.
Councilmember Wachter asked about the plans for the tree debris. Director of Public Works
Colbert stated that the debris is being chipped with a tub grinder and the ultimate disposal of the wood
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998 0 0 2 03
PAGE 2
chips will be decided at a later date. Councilmember Awada suggested that the wood chips be made
available to residents for landscaping purposes.
CONSENT AGENDA
In regard to Item II, Airliner & Spruce Motels asbestos abatement, Councilmember Wachter
questioned if these buildings could be utilized for fire training. Assistant to the City Administrator
Hohenstein indicated that fire training is proposed for these buildings, but he added that it is necessary to
remove the asbestos first.
In regard to Item K, Authorize waiving the monetary limits on tort liability, Councilmember
Blomquist asked for more information on this item. Director of Finance/City Clerk VanOverbeke
provided a response from the LMCIT. Councilmember Blomquist asked if the insurance cost will
increase. VanOverbeke stated that insurance costs will increase by 3.5% but said the monetary award will
be more fair to a claimant for a loss exceeding $300,000.
In regard to Item L, Approve 7-1-98 to 7-1-99 General Insurance Renewal, Councilmember
Wachter inquired about the increases for liability. Director of Finance/City Clerk VanOverbeke stated
that City staff will review the calculations with LMCIT staff to determine if liability premiums may be
reduced.
In regard to Item Y, Approve Change Order No. 3, Civic Arena, Councilmember Blomquist asked
about the amount of the change order. Director of Parks and Recreation Vraa explained that there would
be a net reduction to the original project cost.
In regard to Item R, Contract 97-09, cancel ad for bids/ authorize design revisions (Hwy. 13
Upgrade and Blackhawk Signal), Councilmember Masin mentioned that the Super 2 road design is being
cancelled and a 4-lane roadway is planned to be constructed.
A. Personnel Items
Item 1. It was recommended to accept the letter of resignation from Jan Connolly, Police Dispatcher.
Item 2. It was recommended to approve the hiring of Megan Lynch as a seasonal parks attendant.
Item 3. It was recommended to approve the hiring of Carrie Gangl as a seasonal utilities maintenance
worker.
Item 4. It was recommended to approve the hiring of Leo Holum as a seasonal parks maintenance
worker.
Item 5. It was recommended to approve the hiring of Cody Fisher as a seasonal horticultural worker.
Item 6. It was recommended to approve the hiring of Susan Marks-Kerst as a seasonal skating school
coordinator/ skating pro:
Item 7. It was recommended to approve the hiring of Paul Clark, Jr. as a part-time seasonal basketball
coordinator.
Item 8. It was recommended to approve the hiring of Mary Volden as a part-time seasonal maintenance
worker in the civic arena.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 3
Item 9. It was recommended to approve the hiring of Mike Sheggeby as a part-time seasonal supervisor
in the Civic Arena.
Item 10. It was recommended to approve the establishment of and advertising for the Aquatic Facility
Manager position.
Item 11. It was recommended to approve the hiring of Kyle Moen as a seasonal streets maintenance
worker.
Item 12. It was recommended to approve the hiring of Lynn Streefland as a seasonal park attendant.
Item 13. It was recommended to approve the hiring of Patrick Elam as a seasonal park laborer.
B. Recommendation, Airport Relations Commission, request for Additional Remote Automated Noise
Monitors, south and west Eagan. It was recommended to approve a recommendation by the Airport
Relations Commission making a formal request to the Metropolitan Airports Commission for the siting
and installation of remote automated noise monitors in south and west Eagan to gather noise data for
operations associated with the 1998 and 1999 airport construction projects and the ultimate installation of
the north/south runway.
C. Recommendation, Airport Relations Commission, final environmental impact comments,
Minneapolis-St. Paul International Airport expansion. It was recommended to ratify final environmental
impact statement comments concerning the Minneapolis St. Paul International Airport expansion as
recommended by the Airport Relations Commission.
D. Recommendation, Airport Relations Commission, comments regarding FAA Compatible Land Use
Planning Initiative. It was recommended to approve a recommendation by the Airport Relations
Commission for the submission of comments regarding the FAA's compatible land use planning initiative
as presented.
E. Final Subdivision of Pine Tree Pass 2nd Addition - Lundgren Brothers Construction, Inc. It was 98-51
recommended to approve a Final Subdivision (Pine Tree Pass 2nd Addition) consisting of 30 lots and 8
outlots located south of Cliff Road in the NE 1/a of Section 33 subject to the conditions recommended by
the APC.
F. Final Subdivision of Pine Tree Pass 3rd Addition - Lundgren Brothers Construction, Inc. It was 98-52
recommended to approve a Final Subdivision (Pine Tree Pass 3rd Addition) consisting of 111ots located
south of Cliff Road in the NE 1/a of Section 33, subject to the conditions recommended by the APC.
G. Final avvroval of the Comprehensive Guide Plan Amendment for the south 80 acres of Eazandale
Corporate Center from Industrial to Business Park. It was recommended to approve and implement a
Comprehensive Guide Plan Amendment changing the land use designation from Limited Industrial
(IND) to Business Park (BP) for approximately 80 acres located at the northeast corner of Lexington
Avenue and Yankee Doodle Road.
H. Approve temporary been license for Eagan Lions Club for Tuly 3rd and 4th Celebration at Skyhill Park.
It was recommended to approve a temporary beer license for the Eagan Lions Club for a beer tent to be
located at Skyhill Park between July 3 and July 5,1998.
1. Approve amendment to Impounding Agreement with the Minnesota Valley Humane Society. It was
recommended to approve an amendment to the Impounding Agreement with the Minnesota Valley
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 4
Humane Society. (Mayor Egan indicated he was abstaining because he serves on the Humane Society
Board.)
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J. Local Transit Tax Levy option. It was recommended to approve the local transit tax levy option for 98-53
taxes payable in 1999.
K. Authorize waiving the monetary limits on tort liability. It was recommended to authorize waiving the
monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the
liability coverage obtained from LMCIT.
L. Approve 7-1-98 to 7-1-99 General Insurance Renewal. It was recommended to approve the general
insurance renewal for 7-1-98 to 7-1-99.
M. Amend the 1998 Comprehensive Fee Schedule. It was recommended to approve an amendment to
the 1998 Comprehensive Fee Schedule.
N. Contract 98-13, receive bids/ award contract, McKee Add. (Street Improvements). It was
recommended to receive the bids for Contract 98-13 (McKee Addition - Street Improvements), award the
contract to the low bidder for the Base Bid, and authorize the Mayor and City Clerk to execute all related
documents.
0. Contract 98-18, approve plans/authorize ad for bids, Oak Pond Hills Add. (Street & Utilities). It was
recommended to approve the plans for Contract 98-18 (Oak Pond Hills Addition - Street and Utility
Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,
July 16,1998.
P. Contract 97-13, approve Change Order No. 1, Southern Lakes (Trunk Utilities). It was recommended
to approve Change Order No. 1 to Contract 97-13 (Southern Lakes - Trunk Utility Improvements) and
authorize the Mayor and City Clerk to execute all related documents.
Q. Contract 98-10, approve plans/authorize ad for bids, Thomas Lake Weir Outlet (Storm Sewer). It was
recommended to approve the plans for Contract 98-10 (Thomas Lake - Weir Outlet Control Structure)
and authorize the advertisement for a bid opening to be held at 10:00 a.m. on Thursday, July 16,1998.
R. Contract 97-09, cancel ad for bids/authorize design revisions (Hwy. 13 Upgrade and Blackhawk
Signal). It was recommended to cancel the ad for bids for Contract 97-09 (Highway 13 Upgrade and
Blackhawk Signal) and authorize design revisions incorporating a 4-lane divided improvement.
S. Project 745, receive petition/ authorize feasibili report (Blue Gentian Rd. Realignment - Streets and
Utilities). It was recommended to receive a petition and authorize the preparation of a feasibility report
for Project 745 (Blue Gentian Road Realignment - Streets & Utilities) and authorize the simultaneous
preparation of detailed plans and specifications.
T. Project 746, receive petition/authorize feasibilitrereport (Bluewater Rd. - Streets and Utilities). It was
recommended to receive a petition and authorize the preparation of a feasibility report for Project 746
(Bluewater Road - Streets & Utilities) and authorize the simultaneous preparation of detailed plans and
specifications.
U. Contract 96-01, approve final payment/authorize City maintenance (Eagandale Corporate Center -
Street & Utility Improvements). It was recommended to approve the final payment for Contract 96-01
(Eagandale Corporate Center - Street and Utility Improvements) in the amount of $124,106.82 to Erickson
Construction, Inc., and accept the improvement for perpetual City maintenance subject to warranty
provisions.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 5
V. Contract 97-15, approve final payment/ authorize City maintenance (Mulcahy Addition & Murphy
Parkway - Utility Improvements). It was recommended to approve the final payment for Contract 97-15
(Mulcahy Addition and Murphy Parkway - Utility Improvements) in the amount of $5,672.25 to Brown
and Cris, Inc., and accept the improvement for perpetual City maintenance subject to warranty
provisions.
W. Approve construction management agreement with Dakota Energy Alternatives, Inc. It was
recommended to approve a construction management agreement for Dakota Energy Alternatives, Inc.
X. Request for proposals, soft drink vendors. It was recommended to approve request for proposals for
soft drink services and authorize the advertisement for bid.
Y. Approve Change Order No. 3, Civic Arena. It was recommended to approve Change Order No. 3 in
the amount of $13,553.00 for the Civic Arena East project.
Z. Project 747, receive request/ authorize feasibili report (TH 149 & TH 55 Signalization - Oakview
Center). It was recommended to receive the petition and authorize the preparation of a feasibility report
for Project 747 (Oakview Center/TH 149 and TH 55 - Traffic Signal Improvements).
AA. Resolution, an attempt to settle lawsuit, Bieter vs. City of Eagan. This item was continued
indefinitely.
BB. Approve contract for fireworks display between the City of Eagan and Rich Brothers Interstate
Display Fireworks Company, insurance special exclusions, permit to buy fireworks for display or
entertainment purposes, and letter of authorization to purchase low explosive materials for a fireworks
display. It was recommended to approve a contract for fireworks display between the City of Eagan and
Rich Brothers Interstate Display Fireworks Company; insurance special exclusions; a permit to buy
fireworks for display or entertainment purposes; and a letter of authorization to purchase low level
explosive materials for a fireworks display.
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CC. Approve Safe and Sober Grant. It was recommended to approve a grant application between the
Minnesota Department of Public Safety and the City of Eagan for a Safe and Sober Grant. 98-53.1
DD. Amusement device license renewals. It was recommended to approve license renewals for the
amusement device licensees as attached in Exhibit A.
EE. Service station license renewals. It was recommended to approve license renewals for the service
station licensees as attached in Exhibit B.
FF. Tobacco license, Joe Senser's Sports Grill & Bar. It was recommended to approve a tobacco sales
license for Joe Senser's Sports Grill & Bar located at 3010 Eagandale Place.
GG. Application for a shows license, Alotta Amusements, for a carnival at the Fourth of July Fun Fest. It
was recommended to approve a shows license for Alotta Amusements to conduct a carnival at Sky Hill
Park July 3 - 5, 1998.
HH. Highway 55 additional relocation expenses. It was recommended to approve a settlement for
relocation expenses in the amount of $972.50 with John and Mary Beth Neska.
II. Airliner & Spruce Motels asbestos abatement. It was recommended to approve an asbestos abatement
agreement for the Airliner and Spruce Motels with D.A. Abatement, Inc. in the amount of $9,545.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 6
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
DEMOLITION COST PARTICIPATION, AIRLINER AND SPRUCE MOTELS,
HIGHWAY 55 REDEVELOPMENT DISTRICT
(This item was moved from Old Business and considered prior to Public Hearings)
City Administrator Hedges provided an overview on this item.
Councilmember Masin moved, Councilmember Wachter seconded a motion to approve a request
by Wispark Corporation to utilize tax increment financing proceeds to pay the cost of demolishing and
removing the existing improvements associated with the Airliner and Spruce Motels in the Highway 55
redevelopment district. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
MAY 30 STORM CLEAN-UP COMPLETION DATE
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave an update on the storm clean up efforts that have taken place to date. Hedges stated that a request
had been made for a dumpster to be placed in the Oxford neighborhood near Dodd Road to assist in the
cleanup of construction debris. He said two dumpsters will be provided by two hauling companies and
the City will pay the landfill cost. He added that the residents in the neighborhood will be cleaning up
the common areas.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to designate June
29 as the final date for residents to place tree debris on boulevards for the City to remove and approve a
fee schedule for cleanup of unauthorized material placed after the June 29 date along with action to allow
a dumpster at Dodd Road and Oxford Drive. Aye: 5 Nay: 0
Councilmember Blomquist thanked those residents who have been complimentary of the City's
efforts in the cleanup process. Mayor Egan also extended his thanks to Superintendent of Streets Erhart
for his efforts.
PUBLIC HEARINGS
VARIANCES & PRELIMINARY SUBDIVISION, MENDOTA HOMES, INC.
(This item was moved from New Business to be discussed
in conjunction with the Public Hearing)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
John Mathern, Mendota Homes, Inc., discussed the details of the proposed subdivision and the
need for the variances.
Mayor Egan opened the public hearing to anyone wishing to speak. Robert Saleck, 3741
Blackhawk Road, asked about the appearance and value of the townhomes. He said he does not want his
property to be devalued. He asked about the suitability of constructing the townhomes on this site.
002-107
Mr. Mathern discussed the location of the townhomes on the site and stated that there will be no
impact to the easement, wetland or ravine. He also discussed the price of each unit.
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EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 7
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve two Variances for a side yard setback less than 30 feet from the southeast property
line and less than 30 feet between buildings. Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Preliminary Subdivision to create four lots on.91 acres currently platted as Outlot A, Blackhawk Acres 2nd
Addition, located east of Robin Lane in the SE 1/4 of Section 17 subject to the following conditions:
1. The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3,1993:
131, B2, B4, C1, C2, C4, D1, and El
2. The property shall be platted.
3. The developer shall maintain grades at a 3:1 slope or less on all maintained areas of the
development.
4. This development shall be subject to a cash water quality dedication in lieu of on-site
ponding.
5. The developer shall develop and carry out a natural landscape plan that is acceptable to
City staff to restore the buffer area 30 feet back from the delineated edge of the wetland.
6. The developer shall bear the cost of vegetating the upland buffer as approved by staff
and will advise potential owners that the area is to be maintained as such.
7. The developer shall submit easements for the shared driveways to the City for review
and approval by the City Attorney prior to final plat approval. The shared driveway
easements shall be recorded with the final plat.
Tree Protective Measures (i.e. orange fabric silt fence or 4-foot polyethylene laminate
safety netting) shall be installed at the perimeter of the Critical Root Zone of significant
trees/woodlands to be preserved. No grade change, construction activity, or storage of
materials shall occur within this fenced area.
9. The applicant shall contact the City Forestry Division at least five working days prior to
the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
10. This proposal shall be subject to a cash parks dedication and a cash trails dedication.
11. This development shall satisfy the standards for R-3 development as identified in Section
11.10 of the City Code.
Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 8
PROJECT 737, INVER GROVE HTS. JUBILATION ADD. - UTILITIES
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
introduced Mark Hanson, Bonestroo, Rosene, Anderlik & Associates, who discussed the details of the
project.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.
Councilmember Awada moved, Mayor Egan seconded a motion to close the public hearing and
approve Project 737 (Jubilation Addition - Trunk Utility Improvements) and authorize the preparation of
detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 742, WESCOTT HILLS DRIVE - STREETS AND UTILITIES
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
introduced Craig Ebeling, representing Howard R. Greene, who discussed the details of the project.
Mayor Egan opened the public hearing to anyone wishing to speak.
Tony Vinge, 3544 Wescott Hills Drive, stated his concerns with the pond elevations and tree loss.
Director of Public Works Colbert and the Project Engineer both discussed existing and proposed
elevations. Mayor Egan said he was concerned with impacts caused by raising Mr. Vinge's pond
elevation.
Ray Rahn, owner of Carriage Hills Golf Course, expressed his concern with the pond elevation on
the golf course. He discussed the alternate access off Duckwood Drive during the construction period.
Director of Public Works Colbert stated that alternate access was feasible and commented on Mr. Rahn's
generosity to extend the temporary access to Wescott Hills Drive.
Bryce Thorpe indicated that, contrary to statements made at the informational meeting, Mary Lou
Thorpe and Rachel Thorpe Nueman, were in favor of the sanitary sewer being adjacent to serve their
property. He also raised questions relating to possible alternate alignments for sanitary sewer
construction, burying of electric lines, landscaping of the substation on Yankee Doodle Road and the
elevation and alignment of the improved road.
Director of Public Works Colbert discussed the necessary depth of the sanitary sewer. He said
the City could request Dakota Electric Association bury the electric lines in conjunction with the road
improvement; however, DEA normally requires the cost to be borne by others. He also said that the
alignment of the road will be designed within the existing right-of-way to have the least amount of impact
to the surrounding area.
Carol Hesse, 3510 Wescott Hills Drive, indicated she would be moving to 3536 Wescott Hills
Drive and stated they would prefer the 16" watermain be located along the proposed alternate alignment
to save as many trees as possible. She questioned if the assessment for the 16" watermain could be
deferred until the time of subdivision. Director of Public Works Colbert stated that if the Hesses have
already paid the trunk area water assessment there would not be another area assessment but there will
be an assessment for lateral benefit for the frontage along Wescott Hills Drive.
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Rachel Thorpe Nueman commented on shifting the road to the western portion of the existing
right-of-way.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 9
work.
Mike Black, Royal Oaks Realty, thanked the City Council, staff and the consultants for their hard
Mr. Vinge asked for clarification on the possible deferral of assessments. Director of Public
Works Colbert responded that it is an option that the Council could consider at the time of the final
assessment hearing.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
He asked if Mary's Shelter was aware of the potential assessment to their property. Director of Public
Works Colbert indicated that they were notified of the informational meeting and of tonight's public
hearing and that City Engineer Matthys had spoken to the director of the shelter regarding the
preliminary assessment amount.
Mayor Egan said he was in favor of the project and was also in favor of continuing action on
Contract 98-16, to allow time for staff to work with the neighbors on the detail design issues. Director of
Public Works Colbert discussed the affect that this three week delay would have on the construction start
for this improvement project.. He stated that a construction delay may require gravel base conditions
throughout the winter months. Mr. Black requested clarification regarding the affect that this delay
would have on his final subdivision approval. In response to Mr. Black's request, Colbert stated that final
approval of the subdivision would be contingent upon award of Contract 98-16.
Councilmember Wachter moved, Councilmember Awada seconded a motion close the public
hearing and approve Project 742 (Wescott Hills Drive - Street and Utility Improvements) and authorize
the preparation of detailed plans and specifications. Aye: 5 Nay: 0
CONTRACT 98-16, APPROVE PLANS/AUTHORIZE AD FOR BIDS
(WESCOTT HILLS DR. - STREETS AND UTILITIES)
(This item was moved from New Business
to be discussed in conjunction with the Public Hearing)
Councilmember Awada moved, Councilmember Masin seconded a motion to continue
consideration of plan approval for Contract 98-16 (Wescott Hills Drive - Street and Utility Improvements)
to the July 7,1998 City Council meeting. Aye: 5 Nay: 0
RENAMING OF WESCOTT HILLS DRIVE
(This item was moved from Old Business
to be discussed in conjunction with the Public Hearing and the New Business item)
Rachel Thorpe Nueman indicated that the residents would like the street to be renamed to
Wescott Woodlands.
Councilmember Masin moved, Councihnember Blomquist seconded a motion to approve Wescott
Woodlands as the new name for Wescott Hills Drive from Yankee Doodle Road to approximately 1/2 mile
south, effective August 1, 1998. Aye: 5 Nay: 0
VACATE RIGHT-OF-WAY, (RUSTEN ROAD)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
W.1210
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 10
Councilmember Awada moved, Councilmember Masin seconded a motion close the public
hearing and approve the vacation of a portion of Rusten Road and authorize the Mayor and City Clerk to
execute all related documents. Aye: 5 Nay: 0
VACATE RIGHT-OF-WAY, (CEDAR STREET AND TRAILS END ROAD)
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City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave staff report.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to close the public
hearing and approve the vacation of public right-of-way within Royal Oaks Addition and authorize the
Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
PROJECT 669, APPROVE OFFICIAL MAPPING
NORTHWOOD PARKWAY AND DENMARK AVENUE (RING ROAD CONCEPT)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
Mayor Egan opened the public hearing to anyone wishing to speak. Due to the possible affect of
the ring road on the Home Depot application, this public hearing was continued to Item C of New
Business.
Councilmember Wachter moved, Councilmember Awada seconded a motion to continue
discussion of the public hearing to be held in conjunction with Item C of New Business (Home Depot).
Aye: 5 Nay: 0
Larry Wenzel commented that the alignment of the ring road may impact his development plans
for Glen Pond Apartments.
OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY SUBDIVISION
& PRELIMINARY PLANNED DEVELOPMENT - OAKVIEW CENTER
HOLIDAY STATIONSTORES, INC.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Councilmember Blomquist said she was concerned about this development because the proposed
hotel is a deviation from the Comprehensive Guide Plan. Councilmember Masin concurred with staff's
recommendation that the center identification sign should not contain the names of tenants and that
twelve foot monument signs should be allowed for each parcel. The rest of the Council agreed.
Peter Block, P.B. Development, Inc., explained the need for the tenant signage on the center
identification pylon.
Councilmember Wachter moved, Councilmember Awada seconded a motion to implement a
Comprehensive Guide Plan Amendment to change the land use designation of approximately 19 acres at
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 11
the southeast corner of Lone Oak Road and Hwy. 55 from Neighborhood Business (NB) to Commercial
Planned Development (CPD). Aye: 4 Nay: 1 (Councilmember Blomquist opposed)
Councilmember Blomquist stated that this area had been Comprehensive Guide planned
Neighborhood Business and the Council should leave it that way and respect the neighborhood's wishes.
Councilmember Awada said that there was almost no objection to the proposed uses by the residents.
Mayor Egan concurred.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a
Preliminary Subdivision (Oakview Center) to create eight lots on approximately 19 acres located at the
southeast corner of Lone Oak Road and Hwy. 55 in the NW 1/4 of Section 12 subject to the following
conditions:
General
The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3, 1993:
Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, and El
2. The property shall be plated.
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3. The proposed subdivision shall be revised to eliminate the four outlots and combine them
with adjoining parcels or in the case of Outlot B, incorporated with adjoining public right-
of-way.
Landscaping
Landscaping on the north sides of Lots 2, and 3, Block 2, shall be revised to include
shrubs and evergreen materials to provide better screening. All landscaped areas shall
have automatic irrigation.
The developer is responsible for obtaining any permits from MnDOT to plant within the
Hwy. 55 right-of-way.
Grading
6A. The retaining walls along public streets shall be located at the edge of the public right-of-
way a minimum of 10 feet behind the proposed back of curbs. Detailed plans and
specifications for the retaining walls shall be provided at time of final subdivision. The
developer shall also obtain all necessary construction easements from adjacent properties
to construct the retaining walls at time of final subdivision.
6B. Protective decorative fencing shall be installed on any retaining wall which is five feet or
higher in height.
7. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the City Erosion Control Standards.
8. Where possible, two- to three-foot high landscape berms shall be provided to screen
parking areas along public right-of-way. These berms shall be located outside the public
right-of-way.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 12
Drainage
9. Pond GP-11 and its pipe outlet to Pond GP-3 shall be constructed with the first phase of
this development.
Water Quality
10A. Water quality mitigation requirements shall be met through on-site ponding. The
detention ponds shall meet City standards for detention basin design.
10B. The developer shall submit to the City Water Resources Coordinator a signed and
notarized "Declaration of Restrictions and covenants for Replacement Wetland" prior to
final subdivision approval.
10C. The drainage and utility easement shall be extended to include both the detention basins
and the replacement wetland adjacent to the detention basins.
Wetlands
11. Wetland mitigation shall be in conformance with the revised wetland mitigation plan
received December 31, 1997.
Utilities
12. The developer shall extend 16-inch watermain to the east edge of the development along
Lone Oak Road, in accordance with the City Water Supply and Distribution Plan (1996).
Streets /Access/ Circulation
13A. Revisions required by MnDOT to the signal or roadway systems at the Hwy. 55/149
intersection to accommodate this development shall be the responsibility of the developer
at the developer's expense.
13B. City staff shall review the proposed City street to determine if a stub to provide access to
the properties to the north can be accommodated.
13C. The vehicle lane for the east-bound through movement at the main T-intersection shall
align with the through lane on the east leg.
13D. The turning radii for the public streets shall accommodate turning movements of single-
unit trucks.
Pedestrian Circulation
14A. A sidewalk should be provided along the north side of the proposed public street from
Lot 1, Block 2, eastward to the edge of the development to allow pedestrian circulation
throughout the entire development, and to provide for a connection with potential future
developments to the east and north.
00213
14B. Crosswalks shall be identified at intersections to provide for safe pedestrian crossings.
Easements/ Permits
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 13
15. This development shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to final plat approval.
Tree Preservation
16A. The Tree Preservation Plan shall be revised to show how the tree preservation mitigation
will be provided. Tree preservation mitigation, if in the form of reforestation, shall be
provided in addition to landscape requirements. The developer shall work with the City
Forester to finalize the Tree Preservation Plan.
16B. The species of mitigation trees shall be varied, especially groupings of trees shall consist
of a variety of species to minimize the potential for disease and pest transmission.
17. Tree Protective measures (i.e. 4 foot polyethylene safety netting) shall be installed at the
Drip Line or at the Critical Root Zone, whichever is greater, of significant
trees/woodlands to be preserved.
18. The applicant shall contact the City Forestry Division at least five working days prior to
the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
Parks and Recreation
19. This development shall be subject to a cash parks dedication and a cash trails dedication.
Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Preliminary Planned Development and Master Development Plans for Oakview Center, consisting of
eight lots on approximately 19 acres and including a Holiday convenience/ gas store with car wash, a
motel, two class I restaurants, one Class II restaurant with drive-through service, a retail center, an
office/clinic and a daycare subject to the following conditions:
1. A Preliminary Planned Development Agreement shall be executed and shall contain the
following plans. The following plans shall be revised and submitted as master
development plans prior to final subdivision and final development plan approval.
• Preliminary Site Plan
• Preliminary Building Elevation Plans
• Preliminary Landscape Plan
• Preliminary Signage Plan
• Preliminary Site Lighting Plan
2. A Final Planned Development Agreement shall be required for each lot as it develops.
The following plans are required for the Final Planned Development Agreement and
shall be consistent with the approved master plans for the Preliminary Planned
Development.
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Lighting Plan
00214
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998 0021's
PAGE 14Landscaping
3. The landscape plan shall be revised to include underlying grading contours.
4. Landscaping shall provide for 75% screening between parking lots and public rights-of-
way, particularly on the north sides of Lots 2 and 3, Block 2. The landscaping for each lot
will be reviewed at the time of Final Planned Development for consistency with the
overall landscape plan, and for compliance with the City Codes.
Building Elevations
5. Building design, architecture and materials shall be consistent and compatible
throughout the development. The developer should modify the design of the Holiday to
be more consistent with the other buildings as presented. Brick should be the primary
material, and common colors and architectural features should be used throughout the
development. Final building elevations plans shall show building elevations and identify
what color materials will be used, and specify guidelines for consistency in the style of
awnings to be used.
All trash and recyclable storage areas shall be contained within the principal building or
within an enclosure attached to the principal building. Enclosures for the outdoor trash
and recyclable storage must meet the design standards set forth in the Zoning Code and
shall be shown on the master plan.
Parkin
7. The amount of parking provided for each lot shall meet the minimum requirements in the
City Code, and will be reviewed on the final development plans for each lot.
Rooftop Mechanical
Any rooftop mechanical equipment shall be screened from view from the public right-of-
way and adjacent properties.
Signage
9. Shared monument signs shall be used wherever possible. No sign shall exceed 12 feet in-
height except for the center identification sign. The center identification sign shall not
include tenant signage. The revised master signage plan shall incorporate creative and
innovative design elements and uniformity among the signs that define this development
as a gateway project and an integrated whole.
10. All signs shall comply with City Sign Code requirements and all freestanding signs shall
be set back a minimum of ten feet from all property lines.
11. Cross easements for joint signs shall be provided.
12. Directional signs shall not exceed six square feet in area.
Lighting
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 15
00216
13. All site lighting should be shielded, directed and diffused so as to prevent the source of
light from being directly visible from public rights-of-way and adjacent parcels.
Particular attention should be paid to shielding the light from residential properties to the
north and east of the site.
14. Canopy and wall pack lighting shall be recessed so that the light source is not directly
visible from the public right-of-way or adjacent properties.
15. Street lighting shall incorporate decorative light fixtures and standards throughout the
development.
Airport Noise Considerations
16. The developer shall ensure that the building plans, materials and construction of the day
care facility building improvements are such that they will provide an interior sound
level of 45 dBA, and the motel such that they will ensure an interior sound level of 50
dBA as compared with a noise level of 65 DNL at the inner boundary of the noise zone.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT - DUKE REALTY INVESTMENTS
City Administrator Hedges noted that this item was being continued at the request of the
applicant.
Councilmember Awada moved, Councilmember Wachter seconded a motion to continue
consideration of a Planned Development Amendment to allow the construction of two 98,000 square foot
office/showroom/warehouse buildings upon property currently platted as Lots 1, 2, and 3, Block 1,
Dallas Development 2nd Addition and the Vacation of drainage and utility easements upon property
currently platted as Lots 1, 2, and 3, Block 1, Dallas Development 2nd Addition to the July 7, 1998 City
Council meeting. Aye: 5 Nay: 0
CONTRACT 98-12, RECEIVE BIDS/AWARD CONTRACT, AQUATIC FACILITY
(SITE IMPROVEMENTS AND UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Parks and Recreation
Vraa reviewed the bids that were received and provided an update on action taken by the Dakota County
Board of Commissioners regarding the City's request to seek a permanent easement to allow the aquatic
facility to utilize a portion of the Dakota County Library property. He added that the main concern
expressed by Dakota County is ensuring that there will be enough land available for future expansion of
the library. He further added that the plans have been revised which eliminates the need for the
easement and will also eliminate the need to do 60% of the retaining wall work. He said the
commissioners' action was to direct to County staff to work with the City to reduce the amount of
retaining wall and minimize the impact to the library property.
Mayor Egan commended Vraa on the bid amounts that were received and for his efforts in
working with County staff. City Administrator Hedges noted that the City's Engineering Department has
been diligently working on this project as well.
Councilmember Awada moved, Councilmember Wachter seconded a motion to receive the bids
for Contract 98-12 (Family Aquatic Facility - Site Improvements and Utilities), award the contract to the
lowest bidder for the Base Bid, and authorize the Mayor and City Clerk to execute all related documents.
Aye: 3 Nay: 0 (Councilmembers Blomquist and Masin abstained)
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 16
Councilmember Masin indicated she was abstaining because she was concerned about the
process. Councilmember Blomquist stated that she was abstaining because final blueprints were not
available yet. City Engineer Matthys said that blueprints are available.
Director of Parks and Recreation Vraa provided information on the design features of the
bathhouse and concession buildings.
NEW BUSINESS
REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT
THE HOME DEPOT, USA
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mike Laferle, Real Estate Manager for Home Depot, discussed the proposed application.
Councilmember Masin asked if the appearance of the Home Depot would be similar to the Home
Depot store in Burnsville. Mr. Laferle stated that they intend to construct the building using design
features similar to Byerly's. He added that they feel the store will fit in with the character of the
Promenade.
Discussion occurred regarding the amount and location of outdoor storage/ displays.
Councilmember Awada said that she is concerned with outdoor storage/ displays in front of the building
along the sidewalk. Mr. Laferle stated that outdoor storage/ displays is provided as a convenience to the
customer and there is ample clearance for pedestrian movement.
Mayor Egan commented on the size of the proposed building in relation to the amount of outdoor
storage/displays. He questioned whether the Council would be willing to allow additional 60 square foot
areas for seasonal storage/display.
Councilmember Wachter commented on existing situations in the City where outdoor
storage/ displays have become problematic. In response to Councilmembers comments, Mr. Laferle said
they would be willing to limit the seasonal storage/ display to three 60 square foot areas in front of the
store in conjunction with the seasonal sale area in the parking lot on the east side of the building.
In regard to issue no. 2, the City Council supported the Advisory Parks Commission's position of
maintaining a 30 foot undisturbed buffer around the wetland. In response to issue no. 3, the City Council
was supportive of the Home Depot proposal to modify the front portion of the garden center to a 13 foot
enclosure with a brick knee wall, pillars, and decorative metal fencing. The final issue was the Denmark
Avenue extension. Director of Public Works Colbert described the proposed alignment and the process
that has been undertaken with the surrounding property owners to arrive at this alignment.
Jim Ostenson, property owner, described the modification to the original location of the Denmark
extension as it relates to the Home Depot proposal and the existing wetland. He also commented that the
original alignment established two years ago was a best guess estimate because there was no pending
development in this area.
Peter Coyle, representing property owners Carl Olson and Richard Burger, commented on the
planning that went into selecting the alignment of the Denmark extension and that the City Council
should support the selected alignment because all affected property owners were party to the original
decision. He submitted a report from Loucks and Associates.
0021`
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 17
Mr. Laferle stated that Home Depot does not have flexibility to modify the size of the building
and the original alignment of Denmark Avenue will result in the site not being large enough to
accommodate the building.
Mayor Egan commented that he was eager to have Home Depot in Eagan but was concerned that
shifting the alignment of Denmark Avenue would have a negative impact on the property north of the
Home Depot site. Councilmember Wachter stated that he thought Denmark Avenue could be shifted
west. Councilmember Awada said that her concern was more with the property north of the Home
Depot site and that the City should do what they can to ensure high quality development between
Denmark extended and the interstate.
Mr. Ostenson commented that the Home Depot proposal will actually increase the value of the
Olson/Burger property because the Home Depot will not only dedicate the public right-of-way but also
pay for the construction of the street, thereby providing additional access to the adjacent property. He
further commented that he has attempted to purchase the Olson/Burger property within the last month
and the property owners have not indicated any desire to sell.
Councilmember Awada moved, Councilmember Masin seconded a motion to officially map
the Denmark Avenue extension as originally proposed for the official ring road (map attached in
Exhibit C). Aye: 3 Nay: 2 (Councilmembers Wachter and Blomquist opposed)
The developer requested that action on Home Depot's Preliminary Subdivision and Planned
Development application be continued to the July 7, 1998 City Council meeting.
Councilmember Awada moved, Councilmember Masin seconded a motion to continue
consideration of the Preliminary Subdivision (Lexington Second Addition) to create four lots on
approximately 59 acres generally located west of Lexington Avenue and north of Northwood Parkway,
south of the U.S.P.S. Bulk Mail Center and the Preliminary Planned Development for a Home Depot retail
store on approximately 18 acres proposed as Lot 1, Block 1, Lexington Second Addition to the July 7,1998
City Council meeting. Aye: 3 Nay: 2 (Councilmembers Wachter and Blomquist opposed)
Councilmember Blomquist stated that shifting the proposed alignment of Denmark Avenue will
not have that much impact on the adjacent properties.
PROJECT 669, APPROVE OFFICIAL MAPPING
NORTHWOOD PARKWAY AND DENMARK AVENUE (RING ROAD CONCEPT)
(This item was moved from Public Hearings to be considered in conjunction with Item C
of New Business)
Larry Wenzel shared his concern with the Council regarding the Northwood Parkway overpass.
Dick Crum, Mr. Wenzel's architect, discussed how the alignment will adversely impact the development
of additional apartment buildings on Mr. Wenzel's property. Discussion occurred regarding the
alignment of the Northwood Parkway overpass in relation to High Site Drive and Marice Drive.
Councilmember Awada was supportive of the proposed location and referenced the numerous
task force meetings regarding the transportation needs in the central area. Councilmember Blomquist
commented on the delay in mapping the ring road.
00216
Mayor Egan stated his support for the central area plan but felt it would be prudent to review the
cost associated with right-of-way acquisition and allow time to explore other options.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 18
Councilmember Masin moved, Councilmember Awada seconded a motion to close the public
hearing and continue consideration of Project 669 (Official Map 669-1 for the Northwood Parkway
overpass on the west side of I-35E at High Site Drive - Ring Road Concept) to the October 20, 1998 City
Council meeting. Aye: 5 Nay: 0 (Action on the official mapping of the Denmark Avenue extension
occurred during consideration of the Home Depot application as denoted in bold type).
Mr. Wenzel indicated he was in agreement with the continuance.
ORDINANCE AMENDMENT - CHAPTER SIX, MASSAGE THERAPY ESTABLISHMENT
AND MASSAGE THERAPIST LICENSES
00219
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an
ordinance amendment to Chapter Six - Massage Therapy Establishment and Massage Therapist Licenses.
Aye: 5 Nay: 0
ORDINANCE AMENDMENT - CHAPTER SIX, TREE MAINTENANCE
CONTRACTOR'S LICENSING
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an
ordinance amendment to Chapter Six, Tree Maintenance Contractor's Licensing. Aye: 5 Nay: 0
ORDINANCE AMENDMENT - CHAPTER FIVE, BEER, WINE AND LIQUOR LICENSING
Councilmember Awada moved, Councilmember Masin seconded a motion to approve an
ordinance amendment to Chapter Five, Beer, Wine and Liquor Licensing. Aye: 5 Nay: 0
ORDINANCE AMENDMENT - CHAPTER TEN, REGISTRATION OF DANGEROUS DOGS
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an
ordinance amendment to Chapter Ten, Registration of Dangerous Dogs. Aye: 5 Nay: 0
LEGISLATIVF,/INTERGOVERNMENTAL AFFAIRS
Mayor Egan stated that he and City Administrator Hedges will be attending the LMC Conference
in Duluth.
VISITORS TO BE HEARD
Ron and Barb Miller appeared to present a status update on enforcement issues with the CUP for
Richfield Blacktop.
ROUND TABLE
Councilmember Wachter referenced a letter he received from Howard Kyllo and stated that there
had been an agreement requiring all machinery on Kevin Murphy's property be stored inside the new
pole building on site and said that a notice should be sent regarding this requirement.
Mayor Egan commented on a letter that was sent by Greg Miller of Wispark stating his concerns
regarding the proposed storage of an airport ramp at TH 55/Blue Gentian Road and requested that a
copy of the letter be forwarded to him.
Councilmember Masin said that a subcommittee meeting was held to discuss the upcoming
Collaborative meeting. She commented on all the help the Administrative Intern has provided in
preparing for the Collaborative meeting.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 16,1998
PAGE 19
Councilmember Blomquist indicated she had some questions on the bill's list. She said she is
disappointed that Water Technologies is not getting timely information to the Director of Parks and
Recreation. She noted that when Executive Sessions are held in the future she would like the purpose
announced and said she does not feel that the Council should deviate from the stated purpose.
CHECK REGISTER
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated June 11, 1998 in the amount of $1,726,405.44. Aye: 5 Nay: 0 Councilmember Blomquist indicated
she was opposed to paying the Water Technology, Inc. bill.
ADJOURNMENT
The meeting adjourned at 12:25 a.m.
June 16, 1998
Date
OU22c0
MLK
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, (612) 681-4600, (TDD phone: (612) 454-8535).
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.
EXHIBIT A
1998-1999 AMUSEMENT DEVICE LICENSE RENEWALS
00? 21
Awe Vending
476 S. Snelling
Eagan, MN
Diamond T Ranch
Splattball Indoor
Picolo's
Locker Room Sports
Lost Spur
2. American Coin Merchandising
5660 Central Avenue
Boulder, CO
Walmart
EXHIBIT B
1998-1999 SERVICE STATION LICENSE RENEWALS 00222
1. Oasis Market #518
3390 Coachman Road
Eagan, MN
2. Oasis Market #590
4250 Lexington Avenue
Eagan, MN
3. Oasis Market #594
1286 Lone Oak Road
Eagan, MN
4. Oasis Market #576
3150 Dodd Road
Eagan, MN
5. Total
4206 Nicols Road
Eagan, MN
6. Total
2000 Rahn Cliff
Eagan, MN
7. McG's
1969 Silver Bell Road
Eagan, MN
8. Amoco
1424 Yankee Doodle Road
Eagan, MN
9. Cedarvale Texaco
3820 Sibley Memorial Highway
Eagan, MN
10. PDQ Food Stores
4198 Pilot Knob Road
Eagan, MN
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EXHIBIT C
4/29/98