11/30/1998 - City Council Regular004JL
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 30,1998
A regular meeting of the Eagan City Council was held on Monday, November 30,1998 at 6:30
p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada
and Masin. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of
Public Works Tom Colbert, and City Attorney Jim Sheldon.
AGENDA
Councilmember Awada moved, Councilmember Masin seconded a motion to approve the
agenda as presented. Aye: 4 Nay: 0
MINUTES OF THE NOVEMBER 17,1998 REGULAR MEETING
Councilmember Masin requested that on page 7 the motion regarding the name selection for the
Aquatic Facility be changed to reflect a 3:2 vote with Councilmembers Masin and Blomquist opposing.
Mayor Egan requested that on page 5, in the second sentence of the first paragraph under
'Building Permit for Parkview Golf Course', the word abstract be changed to extract.
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
minutes as amended. Aye: 4 Nay: 0
Councilmember Blomquist arrived at 6:35 p.m.
DEPARTMENT HEAD BUSINESS
HOLZ FARM 1998 ANNUAL REPORT
City Administrator Hedges provided an overview on this item. Michael Vincent, Chair of the
Friends of the Farm, provided an update on the building projects that were completed at Holz Farm in
1998 and thanked the City Council for the infusion of City funds from a dedicated cellular tower revenue
account.
Councilmember Wachter asked about proposed activities for 1999. Mr. Vincent stated that each
year the Board reviews what activities the community has been receptive to and makes a determination
regarding what activities will be offered the following year based on that information.
Director of Parks and Recreation Vraa provided an update on the construction of the Cascade Bay
Aquatic Facility. He noted that the sale of season passes will begin tomorrow. Councilmember Masin
asked about the concrete structure being built adjacent to the residents' homes and what buffering is
proposed to be installed between the residents and the structure. Vraa stated that a mechanical building
is being constructed in this area and that Landscape Architect/Park Planner C.J. Lilly and City
Administrator Hedges have been working with the residents to develop a landscape plan.
CONSENT AGENDA
In regard to Item B, Amendment to Clean Water Partnership Grant - Fish Lake, Councilmember
Masin inquired about the additional $100,000 that was awarded to the City but not used. Director of
Parks and Recreation Vraa explained that the project cost was significantly less than anticipated and
attempts are being made to utilize the remaining dollars for another project. Mayor Egan said he wanted
to ensure that the additional money is not unnecessarily spent on projects that are not viable.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998
PAGE 2
00416
In regard to Item G, Request authorization to prepare ordinance amendments to Chapter 10
(Public Protection, Crimes and Offenses) and Chapter 4 (Construction Licensing, Permits and Regulation)
of the City Code, Councilmember Blomquist asked who was doing the work on this item. City
Administrator Hedges stated that staff will prepare most of the language and the City Attorney's office
will finalize the language prior to publication. He added that action on this item should also include
authorizing an ordinance amendment to update the Uniform Building Code to the 1997 edition.
Councilmember Masin questioned what the City's liability will be if it assumes the responsibility for
reviewing the plumbing plans for commercial and industrial buildings and if there will be any additional
cost to the City. Chief Building Official Reid stated that there is no cost to the City to assume this
responsibility, but it will help to shorten the plan review process and will benefit contractors.
In regard to Item H, Change Order No. 2, Cascade Bay, Councilmember Masin stated that there
has been a lot of change orders for this project and asked about the temporary nature of some of the
deletions. Director of Parks and Recreation Vraa explained the reasons for the cost reductions and also
discussed which items are permanently deleted from the project cost. Mayor Egan noted that although
the overall cost is about $8,800 below the estimate he wants to ensure the budget is not exceeded. Vraa
stated that $285,000 still remains in the contingency fund for unforeseen costs and the only bid left to
award is for the entrance gate. He further stated that while there may be other additions and deletions
there should not be any substantial changes to the cost. Councilmember Blomquist said she would like to
have information on all previous and current change orders presented to the Council in one single
document for comparison purposes.
A. Personnel Items
Item 1. It was recommended to approve the appointment of Craig Jensen as Fire Chief of the Eagan
Volunteer Fire Department.
Item 2. It was recommended to approve the hiring of Julie Kaufman-Boom as a part-time Clerical
Technician III in the Fire Department.
Item 3. It was recommended the hiring of Leah Taylor as a seasonal part-time concession worker in the
civic arena.
Item 4. It was recommended to accept the resignation of Patrol Officer Rodger Slater from the Eagan
Police Department.
Item 5. It was recommended to approve the collective bargaining agreement for years 1999 and 2000
between the City of Eagan and the Dispatcher Bargaining Unit.
B. Amendment to Clean Water Partnership Grant - Fish Lake. It was recommended to approve and
authorize the signature of an amendment to the previously approved Minnesota Clean Water Partnership
Project Implementation Loan agreement for the Fish Lake Phase II Implementation Project.
C. Approve senior citizen special assessment deferral request - Parcel 10-47751-110-02 (Project 733
McKee Addition - Street Improvements). It was recommended to approve a request for a senior citizen
deferment of special assessments.
D. 1999 Burnsville/Eagan Community Television access production class fees. It was recommended to
approve the Burnsville/Eagan Community Television 1999 class fees as recommended by the
Burnsville/ Eagan Telecommunications Commission.
E. 1999 License renewals for trash haulers. It was recommended to approve the 1999 license renewals for
trash haulers.
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EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998
PAGE 3
F. Premises permit application for Eagan High School Football Booster Club to conduct a pull tab 98-97
operation at Al Baker's, 3434 Washington Drive. It was recommended to approve a resolution approving
the charitable gambling premises permit for the Eagan High School Football Booster Club to conduct a
pull-tab operation at Al Baker's located at 3434 Washington Drive.
G. Request authorization to prepare ordinance amendments to Chapter 10 (Public Protection, Crimes and
Offenses) and Chapter 4 (Construction Licensing, Permits and Regulation) of the Ci Code. It was
recommended to direct staff to prepare ordinance amendments to Chapter 10 (Public Protection, Crimes
and Offenses) and Chapter 4 (Construction, Licensing, Permits and Regulation) of the City Code.
H. Change Order No. 2, Cascade Bay. It was recommended to approve Change Order 2 for Cascade Bay
Aquatic Facility in the amount of $27,201.00. (Councilmember Blomquist abstained)
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
PUBLIC HEARINGS
PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1999
City Administrator Hedges gave a presentation on this item and thanked Finance Director
VanOverbeke, Assistant Finance Director Pepper and all the department heads for their work on the
budget document. Finance Director VanOverbeke further discussed the proposed budget and property
tax levy.
Councilmember Blomquist inquired about the increase to the Public Works budget and the Parks
budget. City Administrator Hedges explained the increase in the Public Works budget is primarily due to
expansion of the winter trail maintenance program. Finance Director VanOverbeke explained that the
increase to the Parks budget is partly due to the financing of the Eagan Forever Green Program in 1999.
Councilmember Blomquist suggested that the Council review this program on a quarterly basis and re-
evaluate financial participation.
Mayor Egan opened the public hearing to anyone wishing to speak.
Resident Joe Barry commended the City Council for reducing the tax levy and tax capacity rate.
He questioned why the education tax credit is not itemized on the Truth-in-Taxation statement, how the
salaries and benefits for employees compare to other municipalities with similar populations and the
transfer of Cable Franchise Fees to the Fire Administration construction budget. City Administrator
Hedges and Finance Director VanOverbeke responded to his questions.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
He commended City Administrator Hedges and Finance Director VanOverbeke for their efforts in
making the budget presentation and budget document user-friendly for the City Council and audience.
Councilmember Blomquist suggested that this item be continued to the December 15 City Council
meeting to allow people who may be watching the budget discussion on cable an opportunity to provide
feedback.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to continue the
public hearing to December 15, 1998 City Council meetings. Aye: 5 Nay: 0
CEDARVALE SPECIAL SERVICE DISTRICT - 1999 BUDGET
City Administrator Hedges provided an overview on this item.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998
PAGE 4
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.
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Councilmember Awada moved, Councilmember Masin seconded a motion to close the public
hearing and set the levy and budget considerations for the December 15,1998 City Council meeting. Aye:
5 Nay: 0
PARK CENTER FIFTH ADDITION
VACATION OF SIDEWALK EASEMENT
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, he
turned the discussion back to the Council.
Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public
hearing and approve the vacation of a sidewalk easement document number 1305774 within Lot 1, Block
1, Park Center Fifth Addition and authorize the Mayor and City Clerk to execute all related documents.
Aye: 5 Nay: 0
VACATE FIRST STREET PUBLIC RIGHTS-OF-WAY, MCKEE & MCKEE 3RD ADDITIONS
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, he
turned the discussion back to the Council.
Councilmember Masin moved, Councilmember Blomquist seconded a motion to close the public
hearing and approve the vacation of attached described public right-of-way within McKee and McKee 3rd
Additions reserving the rights for drainage and utility purposes and authorize the Mayor and City Clerk
to execute all related documents. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY EASEMENTS, KINGSWOOD POND 2ND 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, he
turned the discussion back to the Council.
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve the vacation of a public drainage and utility easement within Lot 1, Block 2,
Kingswood Ponds Second Addition and authorize the Mayor and City Clerk to execute all related
documents. Aye: 5 Nay: 0
NEW BUSINESS
1999 FEE SCHEDULE
98-98
City Administrator Hedges provided an overview on this item. Questions were raised about the
increases to the parkland dedication fee and about the cost for bagging of "No Parking" signs. Finance
Director VanOverbeke explained the rationale for the increase and the fee for bagging the signs.
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EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998
PAGE 5
Councilmember Blomquist asked why there was such a big difference between pawn shop and adult use
license fees. She suggested the adult use license fees should be increased. VanOverbeke stated that the
adult use fees were established consistent with the fees for on-sale liquor license fees. He noted that
pawn shop license fees are set higher because of the amount of record keeping that must be done by the
Police Department. He further noted that the $12,000 fee may be high since electronic record keeping is
now a Code requirement. Councilmember Masin inquired about the fee for hair and nail salon
inspection.
Councilmember Masin moved, Councilmember Awada seconded a motion to adopt a resolution
approving the 1999 Fee Schedule establishing fees for various City services, supplies and materials. Aye:
5 Nay: 0
Councilmember Blomquist said she would like to further review certain areas of the fee schedule,
in particular those fees relating to pawn shops and adult uses. Mayor Egan suggested that the Council
review the fees on an item by item basis next year.
INTERIM USE PERMIT - TRANSPORT CORPORATION OF AMERICA, INC.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an
Interim Use Permit to allow the outdoor storage of semi trailers as a principal use on Outlot A, Gopher
Eagan Industrial Park 3rd Addition, located in the SW 1/4 of Section 21, south of Borchert Lane between
Mike Collins Drive and the railroad subject to the following conditions:
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council
approval and proof of recording submitted to the City.
2. The permit shall terminate three years following the date of issuance of the permit, or 30
days following notice to the applicant that the City has acquired ownership of the
property, whichever occurs first.
3. The interim use permit shall be subject to an annual administrative review. The purpose
of such review shall be to determine that the conditions of the permit are within
compliance. The interim use permit may be revoked for failure to comply with any
condition of the permit following notice of the noncompliance and a hearing by the City
Council with all interested parties being given an opportunity to be heard.
4. All storage shall be located on the northern portion of the property and contained within
the existing gravel surfaced area.
5. The property shall be used for storage of semi trailers only. No more than 75 semi trailers
shall be stored on the property at any one time.
The applicant and owner shall secure the site and restrict access by the general public.
Clean up and removal of any unauthorized dumping or deposit of materials on the site
shall be the responsibility of the applicant Transport America, within thirty days of
issuance of the permit.
No vehicle maintenance activity shall be conducted on the property.
Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998
PAGE 6
00420
FINAL PLANNED DEVELOPMENT (REZONING) AND FINAL PLAT 98_99
TRANSPORT CORPORATION OF AMERICA
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Director of Public Works Colbert stated that MnDOT has not completed their review and
staff is still waiting for their comments pertaining to the Highway 13 access and added that it has been
difficult for staff to complete adequate traffic analysis given the short timeframe between the APC and
City Council meetings. Mayor Egan said he was concerned about the lack of time for adequate analysis.
Director of Public Works Colbert said that staff could attempt to complete a review by the December 15
City Council meeting.
John Donnelly, Frauenshuh Companies, concurred with the overriding concerns of traffic and
safety. He said they are supportive of additional review of the traffic issues and agreed to a continuance
of this item to the December 15 City Council meeting.
John Vogel, 3369 Heritage Lane, raised issues concerning rezoning, height and location of the
building and traffic. Senior Planner Ridley responded to Mr. Vogel's concerns.
Mayor Egan referenced a letter from the MPCA that stated the proposed development was the
preferred way to encapsulate the fly ash deposit. He questioned staff regarding the tree removal. Senior
Planner Ridley stated that the proposed tree mitigation plan is consistent with Code requirements.
Councilmember Wachter suggested that the tree mitigation plan be changed to incorporate more hardy
tree varieties.
Several other area residents spoke about the rezoning, fly ash, compatibility of the use and traffic
and parking.
Councilmember Blomquist commented on the chemical composition of the fly ash and requested
information regarding the developer's soil boring analysis.
Deborah DeLuca, representing Braun Intertec, provided background information on how fly ash
was handled by the MPCA in the early 1980's. She added that if the ash is excavated it will become
airborne and the MPCA would prefer to have the ash encapsulated rather than disturbed. She provided a
graphic depiction of the site showing the fly ash fill area and the locations of soil borings performed by
th.developer. Councilmember Masin asked if there would be any contamination to the groundwater if
the fly ash is encapsulated. Ms. DeLuca stated that the MPCA has indicated that leaving the fly ash
uncapped will result in continued infiltration of precipitation through the ash and continued contribution
to ground water contamination.
Mr. Donnelly stated that they have worked diligently to site the building appropriately to avoid
destroying the environment. He added that they would be willing to replace some of the tree varieties
with more hardy species. He further added that they are willing to work with staff to address the traffic
concerns.
Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the
Final Planned Development (rezoning from LB, Limited Business to PD, Planned Development) to allow a
three story, 123,000 square foot office building upon an 8.3 acre site located north of Yankee Doodle Road
and east of Highway 13 (within the SE i/4 of Section 8) and the Final Plat (Transport America
Headquarters Addition) legally combining the 5 lots which underlie the subject property into a single 8.3
acre parcel to the December 15, 1998 City Council meeting. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998
PAGE 7
REZONING & PRELIMINARY PLANNED DEVELOPMENT - MINI/USA EQUITIES
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Attorney Linda Fisher, representing Cornerstone Development, described the mini-storage
facility, presented pictures of the building, described the building materials and discussed why this use
was suitable for the site. She added that the building will serve as a buffer between the existing
commercial buildings and the residential area.
Russ Miller, Cornerstone Development, provided background information on the company and
the mini-storage industry. He discussed the physical appearance of the facility, site suitability, rental
rates and security measures. He noted that there will be limited hours of operation and a manager will be
on site 24 hours per day.
Mayor Egan said that initially he was unsure about this development proposal, but Ms. Fisher's
letter analyzing how this use fits into the Central Area District mitigated his concerns. He added that this
development eliminates future piecemeal development of this property by completing the development
between the animal hospital and Kennedy Transmission.
Councilmember Wachter said he did not think a pylon sign was necessary for a high quality
building such as this. Mr. Miller stated it is important to have signage visibility from Duckwood Drive.
He said they would be agreeable to eliminating the pylon sign if they could have limited building signage
on the south side of Building E. Councilmember Blomquist asked how large the sign would be on the
south side. Senior Planner Ridley stated that the sign would be one foot by 25 feet or 25 square feet total.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final
Planned Development, rezoning from Community Shopping Center, to allow construction of a self-
storage facility on 4.42 acres west of Denmark Avenue north of Duckwood Drive, legally described as
Outlot A, Town Centre 70 Twenty-first Addition in the NW 1/4 of Section 15 subject to the following
conditions:
The property shall be replatted.
A Planned Development Agreement shall be executed and recorded against the property.
The following exhibits are required for the Agreement:
Final Site Plan
Final Building Elevations
Final Landscape Plan
Final Signage Plan
Final Site Lighting Plan
There shall be no outside storage.
The trash enclosure shall be constructed consistent with the requirements of the City
Code and include a screening gate of 90% or greater opacity.
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Additional customer parking should be provided near the office to total nine stalls. Two
more stalls should be provided for the resident manager.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998
PAGE 8 00422
6. There shall be no parking allowed on the east side of Building A. The plans shall be
revised to eliminate the doors on that side of the building or to provide a drive aisle with
sufficient width to accommodate two drive lanes and one parking lane.
7. The north side of the office/ apartment building should be treated with the same concrete
block and brick materials as the rest of the building.
8. In lieu of a pylon sign, additional building signage shall be allowed on the south side of
Building E and the size of the sign shall be limited to one foot by 25 feet or 25 square feet
total.
9. The light fixtures shall be shielded such that the light is directed downward and the
source of the light is not directly visible from adjoining properties.
10. This development shall provide storm sewer at the south edge of the service drive in the
southeast corner of the development to capture storm water runoff before it drains onto
the adjacent property to the south (Lot 1, Block 1, Town Centre 70 Twenty-first Addition
- Companion Animal Hospital).
11. A private ingress/ egress easement covering the service drive to Town Centre 70
Nineteenth and Twentieth Additions (Town Centre Car Wash and Kennedy
Transmission) shall be dedicated at the time of final plat approval for this development.
12. Parks and trails dedication in the form of a cash payment are required. Fees are paid at
the rate in effect at the time the building permit is issued.
Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final
Plat (Town Centre 70 Twenty-second Addition) consisting of one lot on 4.42 acres west of Denmark
Avenue north of Duckwood Drive, currently legally described as Outlot A, Town Centre 70 Twenty-first
Addition located in the NW 1/4 of Section 15. Aye: 5 Nay: 0
ADJOURNMENT
The meeting adjourned at 10:05 p.m.
MLK
November 30, 1998
Date City Clerk
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