10/06/1998 - City Council Regular00348
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 6,1998
A regular meeting of the Eagan City Council was held on Tuesday, October 6, 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 Jim Sheldon.
AGENDA
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES OF THE SEPTEMBER 14,1998 REGULAR MEETING
Councilmember Masin requested that on page 2, the last sentence in the eighth paragraph should
read as follows, "She noted that in the City of Burnsville eight public properties are designated as
acceptable locations where campaign signs may be placed." She also requested that on page 9, the last
sentence in the first paragraph should be revised as follows, "Couucilnzembers indicated that obtaining
resident feedback was the main reason for the continuance."
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
MINUTES OF THE SEPTEMBER 14,1998 SPECIAL MEETING
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
VISITORS TO BE HEARD
Barbara Sutherland, Campaign Chairperson for Meg Tilley, asked Mayor Egan about statements
that were made by him in a letter he sent to all Eagan residents regarding Ms. Tilley's position on the
Aquatic Facility issue. Mayor Egan responded that he had received some information firsthand and other
individuals had told him of information they had witnessed firsthand. Ms. Sutherland stated that Ms.
Tilley's campaign has been portrayed as being based on this one issue only. She further stated that there
are several issues in the City that Ms. Tilley is concerned with other than the Aquatic Facility. Mayor
Egan apologized if that was the impression that was conveyed by the letter and added that he knows Ms.
Tilley is not running a one issue campaign.
RECOGNITIONS & PRESENTATIONS
PRESENTATION OF A CHECK BY THE EAGAN LION'S CLUB TO THE
EAGAN FIRE DEPARTMENT TOWARD THE PURCHASE OF A
CAIRNSIRIS THERMAL IMAGING SYSTEM
City Administrator Hedges provided an overview on this item. Fire Chief Jensen commented on
the donation by the Lion's Club and said it was greatly appreciated. Mayor Egan also thanked the Lion's
Club on behalf of the City Council for their generous donation.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a 98-80
resolution* accepting a $30,000 donation from the Eagan Lion's Club to be used toward the purchase of a
CairnslRIS helmet. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 00349
PAGE 2
*Upon the advice of the City Attorney, formal resolutions will be prepared from this point
forward to formally accept all donations to the City.
RECOGNITION OF WEST GROUP'S RECEIPT OF COMMUTER AWARD
City Administrator Hedges provided an overview on this item.
Tom Wolrath, representing West Group, thanked the Metropolitan Council and Metro Commuter
Services for the receipt of the award. He commented on the efforts being undertaken by West to promote
and encourage the reduction of commuter traffic.
Elizabeth Kautz, Chairperson of the MVTA and Mayor of Burnsville, commented on the
partnership and collaboration between West Group and the MVTA and how this will ensure a plentiful
labor force in the community.
CONSENT AGENDA
In regard to Item D, Proclamation, Cities Week, October 5-11,1998, Councilmember Masin asked
what activities are being undertaken by the City in recognition of Cities Week.
Communications/ Recycling Coordinator Foote identified a number of events that have occurred recently
and those events that will be occurring in recognition of Cities Week. Councilmember Masin asked that
the proclamation be shown on cable this week.
In regard to Item T, Vacate easement (Park Center 5th Add.) - receive petition, schedule public
hearing, City Administrator Hedges stated that the public hearing date should be changed from
November 3, 1998 to November 2, 1998.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Tom Struve as Public Works
Coordinator/ Administrative Assistant.
Item 2. It was recommended to approve the hiring of Susan Marks-Kerst, Amanda Helebrant, Patty
Brown, Joshua Austad, Kim Moen and Kari Craighead as part-time seasonal skating instructors.
Item 3. It was recommended to approve the hiring of Gretchen Kirpach, Crystal Stichter, Holly Van Ort,
Andrea Duleh and Beth Krutzig as part-time seasonal substitute skating instructors.
Item 4. It was recommended to approve the hiring of Kathy Jordahl, Heather Kurata, Michelle Romjue
and Stacey Folden as part-time skating school helpers.
Item 5. It was recommended to approve the hiring of Brad Champlin as a part-time seasonal football
official.
Item 6. It was recommended to approve the hiring of Lindsey Carter, Vinny Crouch and Torie Van Horne
as part-time seasonal concession stand workers in the civic arena. -
Item 7. It was recommended to approve the hiring of Megan Cullen, Daniel Norsten and Jeff Peterson as
part-time seasonal skate guards in the civic arena.
Item 8. It was recommended to approve the hiring of Ryan Darwitz as a part-time seasonal supervisor in
the civic arena.
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998
PAGE 3 0030®
Item 9. It was recommended to approve the hiring of Cory Knaffla as a seasonal parks maintenance
workers.
B. Resolution authorizing execution of agreement, Community Oriented Policing (COPS) Grant 98-81
(Overtime). It was recommended to approve a resolution authorizing the execution of the Cooperative
Agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented
Policing (COPS) Grant (Overtime) and authorizing Chief of Police Patrick Geagan to execute such
agreements and amendments as are necessary to implement the project on behalf of the Eagan Police
Department.
C. Approve 1999 Landfill Abatement Grant Application. It was recommended to approve the 1999
Landfill Abatement Grant application.
D. Proclamation, Cities Week, October 5-11,1998. It was recommended to proclaim the week of October
5-11 to be Cities Week in the City of Eagan.
98-82
E. Proclamation, Minnesota Manufacturers Week, October 12-16, 1998. It was recommended to proclaim 98-83
October 12-16 to be Manufacturers Week in the City of Eagan.
F. Set public hearing, final assessment of delinquent false alarm bills. It was recommended to set a public
hearing for November 2, 1998 to consider the final assessment of the delinquent false alarm bills and
certify them to Dakota County for collection with property taxes.
G. Request for public hearing - certification of delinquent utilities, November 2, 1998. It was
recommended to schedule a public hearing for November 2, 1998 to consider certification of delinquent
utility balances to Dakota County for collection with property taxes.
H. Approve 1998/1999 D.A.R.E. and Police Liaison Agreement between School District #196 and the City
of Eagan. It was recommended to approve the agreement for 1998/1999 D.A.R.E. and police liaison
services between School District #196 and the City of Eagan.
I. Recommendation, Airport Relations Commission, Noise Abatement Departure Profile Contour
Analysis. It was recommended to approve a recommendation by the Airport Relations Commission
requesting that the Metropolitan Airports Commission perform noise contour analysis based on its study
of profile altitude data.
J, Recommendation, Airport Relations Commission, engine run up noise suppressor and ground noise
attenuation. It was recommended to approve a recommendation by the Airport Relations Commission
supporting the implementation of noise walls to diminish engine run-up test noise and recommending
further study of the mitigation of other sources of ground noise.
K. Project 751, authorize feasibility report, Dodd Road - Cliff Road to Butwin Road (Street Upgrade &
Utility Improvements). It was recommended to authorize the preparation of a feasibility report for
Project 751 (South Dodd Road - Street Upgrade & Utility Improvements).
L. Project 752, authorize feasibility report, Tohnny Cake Ridge Road - Cliff Road to Woodgate Lane North
(Street Overlay). It was recommended to authorize the preparation of a feasibility report for Project 752
(Johnny Cake Ridge Road - Street Overlay).
M. Project 753, authorize feasibili report, Thomas Lake Road - Cliff Road to Diffley Road (Street
Overlay). It was recommended to authorize the preparation of a feasibility report for Project 753 (Thomas
Lake Road - Street Overlay).
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 00351
PAGE 4
N. Project 754, authorize feasibility report, Hilltop Estates (Street Overlay). It was recommended to
authorize the preparation of a feasibility report for Project 754 (Hilltop Estates - Street Overlay).
0. Project 755, authorize feasibility report, Meadowland 151 Add. (Street Overlay). It was recommended
to authorize the preparation of a feasibility report for Project 755 (Meadowland 1st Addition - Street
Overlay).
P. Project 756, authorize feasibili , report, Woodgate Lane (Street Overlay). It was recommended to
authorize the preparation of a feasibility report for Project 756 (Woodgate Lane - Street Overlay).
Q. Project 757, authorize feasibility report, Ridgeview Acres & Rose Hill Additions (Street Overlay). It
was recommended to authorize the preparation of a feasibility report for Project 757 (Ridgeview Acres &
Rose Hill Additions - Street Overlay).
R. Project 758, authorize feasibility report, Surrey Heights (Street Overlay). It was recommended to
authorize the preparation of a feasibility report for Project 758 (Surrey Heights Addition - Street Overlay).
S. Contract 98-03, approve final payment, authorize City maintenance, Oak Chase Additions (Street
Reconstruction). It was recommended to approve the final payment for Contract 98-03 (Oak Chase
Additions - Street Reconstruction) in the amount of $40,558.78 to McNamara Contracting, Inc., and accept
the improvement for perpetual City maintenance subject to warranty provisions.
T. Vacate easement (Park Center 5th Add.) - receive petition, schedule public hearing. It was
recommended to receive the petition to vacate a sidewalk easement Document No. 13005774, and
schedule a public hearing to be held on November 2, 1998.
U. Project 733, receive final assessment roll/order public hearing (McKee Add. - Street Reconstruction &
Utility Imp.). It was recommended to receive the Final Assessment Roll for Project 733 (McKee Additions
- Street Reconstruction and Utility Improvements) and schedule a public hearing to be held on November
2,1998.
V. Contract 98-13, approve final payment, authorize City maintenance, McKee Add. (Street
Reconstruction & UtiliImp.). It was recommended to approve the final payment for Contract 98-13
(McKee Additions - Street Reconstruction and Utility Improvements) in the amount of $90,629.26 to
Danner, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions.
W. Contract 97-11, approve final payment, authorize City maintenance, Old Sibley Hwy. (Street &
Utili . It was recommended to approve the final payment for Contract 97-11 (Old Sibley Highway -
Street and Utility Improvements) in the amount of $22,389.99 to Ryan Contracting, Inc., and accept the
improvement for perpetual City maintenance subject to warranty provisions.
X. Contract 98-24, approve plans/authorize ad for bids, Blue Gentian & Blue Water Road (Utilities). It
was recommended to approve the plans for Contract 98-24 (Blue Gentian Road and Blue Water Road -
Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Thursday, October 29,1998.
Y. Approve change in ownership for on-sale malt liquor license holder, Parkview Golf Club, L.L.C. It
was recommended to approve change in ownership for on-sale malt liquor license holder, Parkview Golf
Club, L.L.C.
Z. Change order, Airliner & Spruce demolition project. It was recommended to approve a change in the
scope of the demolition contract for the Airliner and Spruce Motels.
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998 00352
PAGE 5
AA. Drainage concerns, Greensboro Add. (Storm Sewer Improvements). It was recommended to
continue the action regarding the construction of storm sewer improvements within Lots 1 and 2, Block 4,
Greensboro 2nd Addition to the second City Council meeting in March, 1999.
BB. Final Plat - Parkview Golf Club. It was recommended to approve the Final Plat for Parkview Golf 98-84
Club located south of Cliff Road and east of Pilot Knob Road in the NW quarter of Section 34.
CC. Final Subdivision - Ronald Ruth and James Schmidt for Deer Rest Pond Addition. It was 98-85
recommended to approve a Final Subdivision, Deer Rest Pond, consisting of four lots on 2.86 acres
located between James Court and Rusten Road in the SW 1/4 of Section 31.
DD. Final Subdivision & Final Planned Development - The Home Depot Inc. for Lexington Second 98-86
Addition. It was recommended to approve a Final Subdivision (Lexington Second Addition) consisting of
two lots and two outlots on approximately 59 acres generally located between east of Lexington Avenue
and north of Northwood Parkway, south of the U.S.P.S. Bulk Mail Center in the SE'/4 of Section 10.
EE. Request for a footing and foundation permit - The Home Depot, Inc. It was recommended to
approve a footing and foundation permit to allow construction to begin for the Home Depot store located
on Lot 1, Block 1, Lexington Second Addition, prior to final City approvals and recording of the final plat.
FF. Final Planned Development - Lot 4, Block 2, Eagandale Office park 2nd Addition. It was
recommended to approve a Final Planned Development to allow construction of a two-story office
building on Lot 4, Block 2, Eagandale Office Park 2nd Addition, in the NW 1/4 of Section 3.
GG. Modification to the Conditional Use Permit for the Marice Senior Housing to allow 156 units. It was
recommended to approve a change to the Conditional Use Permit for a retirement home to increase the
number of units in the facility from 151 to 156.
HH. Variance extension - Dorothy Baker for a 5' setback from the public right-of-way for Lot 9, Block 4,
Cedar Grove No. 1. It was recommended to approve a one (1) year extension of an approved five (5) foot
Variance to the required thirty (30) foot building setback from a public right-of-way for Lot 9, Block 4,
Cedar Grove No. 1.
II. Vacate easement (Gopher Eagan Industrial Park 15t Add.) - receive petition, schedule public hearing.
It was recommended to receive the petition to vacate Kutoff Drive and Yankee Doodle Court rights-of-
way, and schedule a public hearing to be held on November 2,1998.
JJ. Approve the list of election judges for the General Election on November 3, 1998. It was
recommended to approve the list of election judges for the General Election on November 3,1998 as
attached in Exhibit A.
KK. Renew snow & ice control contractual services contract, Gallagher, Inc. It was recommended to
renew the existing Snow and Ice Control Services Contract with Gallagher, Inc. for 1998-1999 at the same
rates.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
BID PACKAGES 7 AND 8, EAGAN AQUATIC FACILITY
City Administrator Hedges provided an overview on this item. Director of Parks and Recreation
Vraa discussed the types of trees that will be planted on the site.
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998
PAGE 6
councilmember Awada moved, Councilmember Wachter seconded a motion to award Bid
Package 7 (fencing and related work) to Midwest Fence in the amount of $31,880 and Bid Package 8
(landscaping, turf and related work) to Economy Landscaping in the amount of $166,757. Aye: 4 Nay
(Councilmember Blomquist opposed)
City Administrator Hedges mentioned that over 340 order forms have been received for the
Eagan Forever Green program and added that additional orders are still being accepted. He noted that
the Eagan Foundation received a $5,000 donation from Dakota Electric Association. Councilmember
Blomquist commented that DEA has suggested that dwarf trees be offered for sale during the next round
since they can be planted underneath power lines.
City Administrator Hedges commented on the employees who were nominated for the EVERY
Step of the Way awards and said that their names were placed on cable and also referenced the
"Community Journal" cable program and added that more efforts are being made to promote public
access.
City Administrator Hedges stated that he received a memo from the Eagan Historical Society
indicating that at their last meeting they took action to place Councilmember Wachter's portrait in the
Council Chambers next to the Council Conference Room, name the Council Conference Room the Ted
Wachter Conference Room and place Ted Wachter memorabilia in the display case outside the Council
Chambers. He said that the Historical Society would like to proceed with these requests this fall and are
asking for Council approval of this recommendation. Councilmember Awada stated that this
recommendation is more than appropriate. Mayor Egan concurred and added that he could not think of
a person more deserving of this honor than Councilmember Wachter. Councilmember Wachter said that
he was very appreciative of this recognition.
Councilmember Awada moved, Councilmember Masin seconded a motion to accept the
recommendation of the Eagan Historical Society to designate the Council Conference Room as the Ted
Wachter Conference Room, to place a portrait of Councilmember Wachter near the conference room and
to display Ted Wachter memorabilia in the display case outside the Council Chambers. Aye: 4 Nay: 0
(Councilmember Wachter abstained)
PUBLIC HEARINGS
VACATE DRAINAGE AND UTILITY EASEMENTS - LOT 3, BLOCK 3, WESCOTT GARDENS
OO3 3
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. There being no one wishing
to speak, he turned the discussion back to the Council.
Councilmember Awada moved, Councilmember Masin seconded a motion to close the public
hearing and approve the vacation of a public easement within Lot 3, Block 3, Wescott Gardens and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
VARIANCE, STEPHEN F. WESTERLUND (LOT 10, BLOCK 3, HILLTOP ESTATES)
1373 BERRY RIDGE ROAD
City Administrator Hedges provided an overview on this item. He distributed a letter that was
sent to Senior Planner Ridley from the Board of Directors of the Pines Homeowners Association which
state that they are in support of the variance request. He noted that the applicants had sent a letter to
each Councilmember inviting them to attend a neighborhood meeting at their home on Thursday
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998 00354
PAGE 7
evening. He further noted that the information did not get relayed to the Council prior to Thursday and
he apologized to the Westerlunds for that misunderstanding.
Stephen Westerlund indicated he was available for questions. Mayor Egan asked if it would be
more feasible for the applicants to acquire a portion of the Pines Condominiums' property. Mr.
Westerlund explained that they had investigated that possibility but it was not cost effective to do so. He
stated that their variance request is being modified from a zero setback to an eight inch setback. He
further stated that the soffit will not hang over onto the Pines' property.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing
to speak, he turned the discussion back to the Council. He said that he felt hardship was proven for the
variance.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to close the public
hearing and approve a four foot, four inch Variance to the required five (5) foot accessory structure
setback from the side property line in a single family zoning district for Lot 10, Block 3, Hilltop Estates.
Aye: 5 Nay: 0
VACATE DRAINAGE AND UTILITY EASEMENTS, LOT 10, BLOCK 3, HILLTOP ESTATES
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 a public easement within Hilltop Estates and authorize the Mayor
and City Clerk to execute all related documents. Aye: 5 Nay: 0
VARIANCE - SCOTT RANKE (LOT 11, BLOCK 4, CEDAR GROVE NO.4)
2085 QUARTZ LANE
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Mayor Egan stated that the variance request is logical and reasonable.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing
to speak, he turned the discussion back to the Council. Councilmember Wachter commented that there
have been numerous similar variances granted in this area.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the
public hearing and approve a 3 foot Variance from the 10 foot side yard setback requirement applicable to
Lot 11, Block 4, Cedar Grove No. 4. Aye: 5 Nay: 0
BUILDING MOVE PERMIT - JOHN E. WINZIG
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing
to speak, he turned the discussion back to the Council.
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve a building move permit to move a 40' x 28' garage from 810 Lone Oak Road to 710
Lone Oak Road legally described as Lot 012, Block 11, Moss Addition (P.I.D. #10-48700-012-00) subject to
the following condition:
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998
PAGE 8
A building permit for the foundation would be applied for and issued prior to
construction.
Aye: 5 Nay: 0
PROJECT 729, FINAL ASSESSMENT HEARING
WILDERNESS RUN 5TH & 6TH ADD. (STREET OVERLAY)
L L 43 5i
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.
Joann Mariner, 1261 Easter Lane, questioned why a twin home is assessed at the same rate as a
single family dwelling. Director of Public Works Colbert explained the City's assessment policy. Mayor
Egan added that the rate is calculated according to front footage as well as traffic generation.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
He commented on the petition that had been received from a number of property owners who were in
favor of this project. He noted that the bids received were lower than estimated.
Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public
hearing and approve the final assessment roll for Project 729 (Wilderness Run 5th and 6th - Street Overlay)
and authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember
Blomquist opposed)
PROJECT 725, FINAL ASSESSMENT HEARING
OAK CHASE ADD. (STREET RECONSTRUCTION)
City Administrator Hedges provided an overview on this item. He noted that a letter was
submitted by a number of property owners in the Oak Chase neighborhood requesting this item be
continued to the October 20, 1998 City Council meeting.
Councilmember Awada moved, Councilmember Wachter seconded a motion to continue Project
72,5, Oak Chase Addition, final assessment hearing to the October 20, 1998 City Council meeting. Aye: 4
Nay: 0 (Councilmember Blomquist abstained since the project involves her property.)
VACATE PUBLIC RIGHTS-OF-WAY AND EASEMENTS, LEXINGTON ADDITION
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. There being no one wishing
to speak, he turned the discussion back to the Council.
Councilmember Awada moved, Mayor Egan seconded a motion to close the public hearing and
approve the vacation of public rights-of-way and easements within Lexington Addition and authorize the
Mayor and City Clerk to execute all related documents with concurrent recording of the plat of Lexington
Second Addition. Aye: 5 Nay: 0
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EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998
PAGE 9
OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT &
PLANNED DEVELOPMENT AMENDMENT - NEW ULM ENTERPRISES
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mayor Egan said that he attended the neighborhood meeting that the developer held last
Thursday. He further said that it was his understanding that discussion has occurred between the
residents and the developer since that meeting.
Randy Hedlund, property owner, stated that the neighborhood meeting was productive and he
added that they have been working with Pastor Tim Ruden of the Cedar Ridge Church. He noted that
one of their concerns is the inadequate signage for the church. He said that they would be willing to
include the name of the church on a shared pylon sign for the hotel. He noted that another issue that was
expressed was the need for screening. He added that a berm would be constructed along the church's
property line. He further added that they still need to prepare a landscape plan that is acceptable and
questioned if this could be included as a condition for final plat approval.
Pastor Tim Ruden, Cedar Ridge Church, questioned the width of the berm and asked for further
clarification of details pertaining to the berm and landscape plan. Mayor Egan noted that it appears that
all the berming will occur on the church property. Director of Public Works Colbert estimated the width
of the berm to be 40 to 60 feet wide and two to seven feet in height.
Dale Klossner, 2025 Pin Oak Drive, said he has yet to see any solid plans and added that he
would like the details to be finalized. He stated that it appears the proposal is heading in the right
direction. Mayor Egan asked him if he felt his position was reflective of the other residents who signed
the petition in opposition to the project. Mr. Klossner said he could not speak for them with regard to the
modified proposal. He commented on the short time period for reviewing the changes.
Senior Planner Ridley asked the City Attorney what leverage the City would have to ensure the
construction of a berm on property that is not before the City Council. City Attorney Sheldon stated that
it would be necessary to prepare legal documents once all the details are solidified.
Aric Elsner, 2023 Pin Oak Drive, commented on the quality of the applicant's hotel and said it
appears that there is room to work with them. He added that the residents know that eventually this
property will be developed and further added that an extended stay hotel is preferable to a typical hotel.
He commented on the construction of the berm on the church property in addition to other landscaping
measures.
Mayor Egan asked for a show of hands from those residents in the audience who were opposed
to the hotel proposal. No opposition was indicated. Councilmember Blomquist asked Pastor Ruden if the
church has looked at the affect the berm would have on the need for future building additions. Pastor
Ruden indicated that the hotel is a good development and after talking with the developer he did not feel
that the 25 foot width of the berm will impact future growth of the church.
Councilmember Masin stated that the developers did a good job of hosting the neighborhood
meeting. She added that she would like to have the remaining details finalized before taking action. She
asked how long this item could be continued for. Senior Planner Ridley said that the applicant has
waived the 60 day agency action requirement. Councilmember Awada asked the applicant if the berming
and landscape plan could be finalized by the October 20 City Council meeting.
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EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998
PAGE 10
Emmett Erpelding, New Ulm Enterprises, asked if the City Council would be willing to approve
the Comprehensive Guide Plan Amendment tonight so the proposal could be forwarded to Met Council
for their review. He added that final approval of the Planned Development Amendment could be
contingent upon detailed plans being worked out with the church and the residents.
Councilmember Awada asked if the Council would be able to deny final approval on the PD
Amendment if they approve the Comprehensive Guide Plan Amendment this evening. City Attorney
Sheldon stated that the Council could forward the Comprehensive Guide Plan Amendment to the Met
Council for review and take formal action on it after the final details are worked out and after the Met
Council's review. Councilmember Awada stated that the neighborhood should be renoticed as to what
City Council agenda this item will be scheduled on. Mayor Egan commented that the City Council is
trying to work with the residents to obtain their feedback and added that it is important for them to show
up and voice their concerns.
Councilmember Awada said she feels it would be acceptable for the church name to appear on
the pylon sign for the hotel. City Attorney Sheldon commented that the developer will need to work with
the church to prepare an agreement providing for the use of church property for construction of a berm.
Councilmember Blomquist mentioned that she would like to ensure that at least two-thirds of the
residents on Pin Oak Drive are comfortable with the modified proposal prior to the Council moving
forward.
Councilmember Awada moved, Councilmember Masin seconded a motion to forward the
Comprehensive Guide Plan Amendment from Limited Business (LB) to Commercial Planned
Development (CPD) for 2.4 acres at the southwest corner of RahnCliff Road and Rahn Way, legally
described as Lot 2, Block 1, Rahn Ridge 2nd Addition, in the northeast 1/4 of Section 31 to the Metropolitan
Council for review and comment. Aye: 5 Nay: 0
PROJECT 663, CONSIDER ASSESSMENT DEFERRAL REQUEST
(VALLEY VIEW PLATEAU - STREETS AND UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
Nader Nooryshokry, 2840 Sibley Memorial Highway, indicated that he is trying to sell his
property but is having a difficult time because no buyers are interested in having to pay 61/2% interest for
the length of the deferment. He stated that once potential buyers contact the City about his property they
become disinterested in purchasing his house because of the deferred assessment and the running
interest. He further stated that the City should incur the cost until the property is subdivided.
Mayor Egan said that it does not appear there is an agreement between the City and Mr.
Nooryshokry. Director of Public Works Colbert stated that staff tried to provide the most lenient
assessment deferral agreement allowed by law. City Attorney Sheldon stated that the Council did not
need to take action on the request since the agreement appeared to be withdrawn by the property owner.
Councilmember Awada said the property owner should consider subdividing the property or
marketing it to a developer for subdividing. Councilmember Wachter stated that he would prefer not to
take action on this request. He suggested Mr. Nooryshokry contact a developer to explore the possibility
of subdividing the property. Mayor Egan also suggested he meet with staff to work out his issues and to
obtain names of developers who may be interested in subdividing his property.
00358
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998
PAGE 11
NEW BUSINESS
CONDITIONAL USE PERMIT - CITI-CARGO & STORAGE CO.
Mayor Egan turned the meeting over to Acting Mayor Wachter due to a conflict of interest.
Senior Planner Ridley gave a staff report and noted that this is essentially a housekeeping item.
Al Ofstehage, Citi-Cargo, stated that they are trying to formalize the use of the property.
Councilmember Awada moved, Councilmember Masin seconded a motion to approve a
Conditional Use Permit to allow the outside storage of semi-tractor trailers upon a 4.1 acre site located
north of Yankee Doodle Road and west of Mike Collins Drive subject to the following conditions:
1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City
Council.
2. Outdoor storage activities shall be confined to the areas south and east of the site's
principal structure within the area specifically designated on the site plan.
Aye: 4 Nay: 0 (Mayor Egan abstained)
CONDITIONAL USE PERMIT - EAGAN EXTENDED DAYCARE (TERRY KAYOUM)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Floyd Forsberg, 4555 Lenore Lane, stated he was opposed to this daycare because it would be a
commercial use in a residential area. Richard Mclay, 1747 Galaxie Court and Gail Zinzer, 1750 Galaxie
Court, were in agreement with Mr. Forsberg.
Terry Kayoum, applicant, stated that she has been in the daycare business for ten years and feels
there is a real need for this type of daycare in Eagan. Councilmember Awada concurred that this need
exists but added that this request crosses the boundary between residential and commercial use.
Councilmember Wachter stated that he did not have any financial interest in this property and
would be able to vote on the CUP.
Mayor Egan concurred with Councilmember Awada about the need for affordable daycare in
Eagan but stated that it must be appropriately located. He added that converting the garage to a daycare
would not allow the house to effectively function as a single family dwelling. He said it is important to
protect the neighboring residents' investment in their property. He further said that allowing 45 children
at this daycare is excessive.
Councilmember Blomquist added that when the Comprehensive Guide Plan was created it was
the Council's decision to separate commercial uses from residential uses. She further added that she saw
no reason to allow this type of commercial activity in a residential zone and doing so would constitute
spot zoning.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to deny a
Conditional Use Permit to allow the establishment of an "in-home" daycare facility of more than eleven
children within an R-1, Single Family Residential zoning district upon property legally described as Lots 2
and 3, Block 2, Clearview Addition. Aye: 4 Nay: 0 (Councilmember Masin abstained)
003 59
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998
PAGE 12
Councilmember Masin stated it would be nice to have a daycare that provides care for school age
children and the location would be convenient to the park and ride site which is located on Blackhawk.
She added that she was also concerned about allowing this use because of the impacts to the other
residents in the area.
Councilmember Awada stated that the reasons for denial given at the APC meeting should be
included as follows; due to the commercial nature of the proposed use it was determined to be
detrimental to the neighborhood, not harmonious to the Comprehensive Plan and existing zoning, and is
incompatible with the use of the neighborhood.
PLANNED DEVELOPMENT AMENDMENT - HONEY TREE LTD..
(COMFORT SUITES)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Ray Anderson, Honey Tree Ltd., introduced Mark Finnemann, the Project Architect. Mr.
Finnemann discussed the changes that have been made to the original development proposal adding that
the image of the hotel has been improved. He also discussed the pathway system and stated that they
would like to construct a deck on the adjacent City property.
Joe Favor, Landscape Architect, showed a drawing of the proposed deck. He added that the
developer would rebuild the deteriorated pathway. Further discussion occurred regarding the feasibility
of the deck.
Councilmember Wachter stated that the changes make the building more appealing. Mayor Egan
concurred and added that Comfort Inn is a quality product.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Planned Development Amendment to modify the site plan and include a pylon sign for the Comfort
Suites for property located at 4490 Erin Drive, legally described as Lot 1, Block 1, Honey Tree 152 Addition,
in the SW 1/4 of Section 30 subject to the following conditions:
A Final Planned Development Agreement shall be executed prior to commencement of
construction. The following exhibits are necessary for this Agreement:
Final Site Plan
Final Building Elevation Plan
Final Sign Plan
Final Landscape Plan
Final Lighting Plan
This Planned Development approves a four-story, 130-room hotel, possibly with on-sale
liquor, with a 200-seat conference center and indoor swimming pool.
One pylon sign is approved for Lot 1, Block 2, Honey Tree 151 Addition and shall be
located at the northerly west entrance from Erin Drive. The pylon sign shall satisfy City
Sign Code standards for height, area and setbacks. Wall signage is not allowed on the
east or south building elevations; wall signage may be located on the north and west
elevation.
Entrance signs shall be of consistent design and size as shown in the sign elevations and
shall be set back at least ten feet from all property lines.
00380
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998
PAGE 13
Exterior building materials shall be as shown on the building elevation plans.
Trash and recyclable materials enclosures shall be attached to the principal building,
constructed of materials to match the principal building and of a size sufficient to enclose
all trash and recyclable materials receptacles.
7. The landscape plan shall be revised according to the comments in the staff report and
shall provide better headlight screening opposite the main entrance between the two
buildings.
8. A maintenance agreement for landscaping placed on City property shall be executed and
recorded with the Final Planned Development Agreement.
9. The developer shall acquire the necessary property to accommodate the proposed deck,
or the deck shall be deleted from the plans.
10. Site lighting shall be designed to match that on Lot 2, Block 1, Honey Tree 1st Addition.
Light standards shall not be taller than 25 feet. All lights shall have sharp cutoffs and be
directed downward to minimize glare and visibility of the lighting from off the site.
Lighting on the east side of the site shall be shielded on the east side to deflect light onto
the site.
11. The trail shall be lit for security purposes, and such lighting shall be designed to
minimize glare when viewed from off the site.
12. This hotel shall be staffed 24-hours a day all year around.
13. Any rooftop mechanical equipment shall be screened and not visible from the public
right-of-way.
Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to direct staff to
negotiate with the developer regarding the feasibility of acquiring the City property adjacent to the
Comfort Suites to allow for the construction of a deck. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT - GALAXIE PARTNERSHIP, L.L.C.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Lou Olson, property owner, stated that a joint pylon sign was not feasible with Health Systems.
He added that KinderCare, which is located two buildings down, was given approval for a pylon sign.
Mayor Egan mentioned that there was never a sign agreement in place for this development.
Councilmember Wachter asked if the sign could be installed on the northerly corner. Mr. Olson said he
did not want to impact the residents across the street by placing the sign in their direct view. He further
said that the sign needs to be 300' feet from the adjacent Park Nicollet Clinic building. Councilmember
Wachter restated his support for installing the sign on the northerly corner and sharing the sign with
another user. Mr. Olson commented that he gave the placement of the sign a lot of thought to ensure it
would not create a problem for the neighbors. Mayor Egan said that Mr. Olson's concerns about
appeasing the neighbors are well-founded.
00361
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6, 1998
PAGE 14
Councilmember Awada indicated she did not have a problem with this sign since the Council
had approved a similar sign for KinderCare. Mayor Egan stated that the proposed location is less
obtrusive to the neighbors than placing it on the northerly corner.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a
Planned Development Amendment to allow a pylon sign at 1895 Plaza Drive (Lot 2, Block 1, Galaxie Cliff
Plaza 3rd Addition) in the NW 1/4 of Section 32 subject to the following conditions:
1. Prior to installation of the pylon sign, a sign permit shall be obtained from the City.
2. The pylon sign shall not exceed 125 square feet per side in area and must be set back at
least 10 feet from all property lines.
Aye: 4 Nay: 1 (Councilmember Wachter opposed)
PLANNED DEVELOPMENT AMENDMENT - CSM LODGING, L.L.C.
(TOWNPLACE SUITES)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Representatives of CSM Lodging were available for questions.
Mayor Egan commented that attitudes need to adjust to changing times and stated that the City
has been successful in attracting quality restaurants and it is not necessary to hold out for another
restaurant on this site.
Councilmember Wachter inquired about the landscape plan. Senior Planner Ridley stated that
staff reviews the plan to ensure that a variety of tree species are planted.
Councilmember Masin moved, Councilmember Awada seconded a motion to approve a Planned
Development Amendment to allow the construction of a 95 room, "extended stay" hotel upon 1.9 acres of
land located north of Crestridge Lane between I-35E and Pilot Knob Road on property currently platted
as Lot 1, Block 1, Duckwood Bluff subject to the following conditions:
1. The applicant and/or developer shall enter into a Final Planned Development Agreement
with the City prior to building permit issuance.
2. The following exhibits are required for the Final Planned Development Agreement:
A. Final Site Plan
B. Final Landscape Plan
C. Final Building Elevations and Signage Plan
D. Lighting Plan
3. All trash/recycling containers shall be stored within the principal buildings or within an
enclosure consistent with City Code requirements.
4. All building, parking/ drive aisles, and landscaped areas shall be properly maintained.
5. All exterior lighting shall be hooded and directed to deflect light away from adjacent
properties and rights-of-way.
6. The use of vinyl siding as an exterior finish material shall be prohibited.
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 6,1998
PAGE 15
7. All rooftop mechanical equipment shall be screened from view of all public rights-of-
way.
8. The hotel's trash enclosure shall be attached to the principal building and satisfy
applicable City requirements.
9. Front desk staffing shall be provided on a 24-hour basis.
Aye: 5 Nay: 0
VISITORS TO BE HEARD
A resident asked about Item AA on the Consent Agenda, Drainage concerns, Greensboro Add.
(Storm Sewer Improvements), Director of Public Works Colbert explained that contractors have not
responded to the bids so the project will be rebid in the winter.
Stephen Westerlund, 1373 Berry Ridge Road, thanked the Council on behalf of his family for
approving their variance request.
ROUND TABLE
Senior Planner Ridley requested Council authorization to prepare an ordinance amendment to
remove daycare with greater than ten children in residential areas.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to direct the
Advisory Planning Commission to consider an ordinance amendment to remove daycare with greater
than ten children in residential areas. Aye: 5 Nay: 0
Discussion occurred regarding the southeast corner of Cliff Road and Galaxie Avenue. Senior
Planner Ridley clarified that the property is zoned Agricultural and guided D-1, single family.
Councilmember Blomquist inquired about the number of properties in the City that are located at
intersections with County roads which are owned by petroleum companies.
ADJOURNMENT
The meeting adjourned at 9:20 p.m.
October 6, 1998
Date
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).
00362
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.
00363
EXHIBIT A
LIST OF JUDGES FOR GENERAL ELECTION
NOVEMBER 3, 1998
Democrat Republican Independent
Don Giblin Lois Agrimson Donna Heir
Elizabeth Bassett Sharon Astleford Norman Hval
Dick Beatty Patti Benjamin Jan Beliveau
Alyce Bolke Neal Black Joyce Swedean
Eleanor Bruce Joan Bohlig Sharon Bruce
Marilyn Defrang David Gary Penny Breuer
Gladys Byrnes Jim Dech Adeline Buehler
Judy Christopher Thora Dech Charles Fischer
Carol Sue Cruz Eleanor Grimmer Elaine Fischer
Karen Dare Ethel Groff Karen Flood
Gerianne Dodge Marti Ann Guetzlaff Jean Harmon
James Driscoll Marv Hansen Michelle Huck
William Guelcher Darlene Hanson Richard Iffert
Frank Hamernik Lloyd Hareid Jeanne Koehler
Judy Hansen Ruth Hareid Yvonne Krisnik
Burna Heine Mildred Hardeben Eleanor Morson
Carolee Jones Marilyn Holm Emily Medin
Patricia Kaeder Vicki Jabbra June Nelson
Walter Lawrence Marge Jacobs Virginia Nicolay
Richard LaMay Penny Johnson Stephen Olson
Arlene Leibel Jean Kimber Judy Peterson
Robert Zimmerman Shirlee Kiang Patricia Ricke
Richard Nicolay Alice Kreitz Christine Sebert
Clarice Nilti Jan Kuehn Donald Sektnan
Charlotte O'Donnell Marie Lane Nancy Severson
Marcine Olson Man Jane Pederson Man- Teske
Sharon Orth Sonya Larson Paul Teske
Evelyn Otterness Marilyn Legler Carolyn Thurston
Margaret Pellerin Coni Walters Phyllis Squiers
Ruth Pn or Ruth LilleN Bill Fish
Pat Rask Phyllis Manthey Eldoris Olen
Lorraine Rieger Zella Mirick Julie Kaufman
Manic Ruzicka Barb Nuttall Beth Porter
Judy Sainia Ann Ouradnik Robert Meckley
Sheila Shav Linda Parish Dawn Struble
Ann Thomas Bill Pfeiffer Gloria McCammon
Ruth Twome} Marilyn Porter Judy Hawley
Sue VonDeLinde Arlan Restad Dawn Struble
Marilyn Young Michelle Skindelien Judy Hawley
Anthony Wilkes Sr Karen Uecker Betty Ramsey
Lorna Tittl Lois Vandyck Vivian Date
Grover Bellile Carol Vihovde Julie Kaufman-Boom
Judy Quigley Fred Vihovde Mary McGuire
Marian Hvard Rose Vimr Gloria Wachtler
Dick Phillippi Venera Yismatiy Jody Severson
Jennifer VanHorn Bob Vogel Patti Paul
Marilyn Woolley Pat Larson
Reform Pam Lam Cook Thomas Pali]
Bill Skar Herb Legler Lucia Johnson
Diane Tapper Everett Waters Larane Molitor
00364
Eagan High School Students
Beene, Carissa
Bergstrom, Lisa
Boatman, Tiffany
Bergstrom, Lisa
Ford, Thomas
Gabriel, Kate
Glynn, Beran
Hayhurst-Cruz, Jill
Hofferber, Katie
Kraning, Kristin
Lilb, Matthew
Mercer, Sara
Mitchell, Faith
Norris. Becky
Olson. Stephanie
Paukner, Amber
Rau. Jaime
Samuel. Rose
Schultz, Becky
Shartt. Anna
Slusarki. Derek
SIN. Jennifer
Smith. Enn
Spring. Stephanie
Swanson. Jamie
Thill. Anthony
VanOyerbeke. Jason
Walters. Mau
Warner. Kristin
Zaffke. Erica
ZerotIL Kristi
GENERAL ELECTION - NOVEMBER 3, 1998
Eashview• High School Students
Haga. Andy
Lieserman, Michelle
o 36
Nscnlager, Max
Anderson, aephanis
Barlats, Hollie
Denson, Ann
Boldt. Aaron
Borchert, Brandon
Brandell, Adam
Brlglno, Ann
Orimsley, Joe
Bruno, Cori
Caswell, Kathryn
Carlton, Molly
Dellman, Jeremy
Decker, Jamie
Domselt, Nick
Edwards, Shenaya
Eikum, Anjuli
Fierce, Dana
Fischer, Joni
Fester, Andrea
Gibson, Nary
Grirnsley, Joe
Hager, Mike
Hansen, Matt
Harrod, Katie
Hicks,Devid
Hilisque, Katie
Roll, Randy
Jeppson, Rob
Johnson,Jenni
Johnson, Ryan
Johonssen, Tim
Julik, Levi
Keller. Will
Klosaner, Derek
Knudson, Jessica
Ktenz, Erik
Krieg, josh
Krueger, Chad
McCarthey. Channon
Novel, Osvid
Selby. Erika
Snyder, Anne
Swanson, Katie
VanGuilder, Jenny
"Yett, Amanda
Aran. Marie
Burnsville High School Students
Benik. Jenny
Sos, Jan
Bolinger, Brendi
Borges, Emily
Barnett, Les
Bouau, Trevor
Brazlnskl, Dave
Bristol, Dave
Byrne, Casey
Car, Julie
Christopherson, TMany
Cls te, Rosa
Dorsey, Jessica
Durant, Brent
Durant, ttrn
Dwyer, Pat
Ewert, Lindsey
Gaybrd,Chrls
Geknt, Vobria
Good. Shanna
Grace, Micheal
KulhanekJust in
Granowski, Desires
Ouler, Alissa
Haas, Brandon
Hassett, Janice
Holston, Michaels
lsche, Erin
Kaiser, Drew
Kolatenen, Tori
Mahadika, Yogga
Moses, Jon
Oldenburg, Ember
Padilla, Dana
Perry, Lauren
Putt, Paul
Rico, Dominic
Rohening, Mari
Jeckelan, Katie
Schafer, Krtata
St Uman, Amy
Worra. Kefstin
)Gong, Pachia
00366
Burnsville High School Students
replacement judges
Sarum, Nick
Erickson, Stacie
Kalw, Nicole
KlIpatrick, 8lephanie
Kllngbeil, So*
Koerke, Angle
Larson, Justh
Unk, Mki
McGinnis, Michelle
We, Jon
Flow, ill
Hansoon, Paul
Kartovich, CIr*
Laskinon, Krteta
Kulhanek, Justin
4..00367
ADDITIONAL JUDGES FOR GENERAL ELECTION
November 3, 1998
Ann Roach
Darlene Bahr
Andrew Sirotiak
Kelly Glover
Bonnie Engen
Don Leean
Patti Good
Barbara & Wm Hodapp
Pauline Novack
Mona Jadoonath
Roger & Ellen Fredlund
Ruth Munson
Margie Ross
Betty Kennelly
Penny Johnson
Paula Weathers
LeMar Hauff
Darlene Hanson
Ann Thon
Thomas & Ruth Penn
Marion Baker
Delores Carlson
Tammy Genrich
Victoria Gregory
Joyce Swedean
Diana Witzell
Gen Amundson