12/15/1998 - City Council RegularMinutes of the Regular City Council Meeting December 15, 1998 page 1 000423
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
December 15,1998
A regular meeting of the Eagan City Council was held on Tuesday, December 15,1998 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 Awada moved, Councilmember Blomquist seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES OF THE NOVEMBER 30,1998 REGULAR MEETING
Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
RECOGNITIONS & PRESENTATIONS
RECOGNITION OF DEDICATED SERVICE AND PRESENTATION OF PLAQUES TO
MAYOR TOM EGAN AND COUNCILMEMBER TED WACHTER
City Administrator Hedges commented on the number of years served by Mayor Egan and
Councilmember Wachter.
Plaques were presented by Councilmember Awada to Mayor Egan and Councilmember Wachter.
DEDICATION BY EAGAN HISTORICAL SOCIETY - TED WACHTER CONFERENCE ROOM
AND PORTRAIT INSTALLATION
City Administrator Hedges provided an overview on this item.
Ray Wade, Chair of the Eagan Historical Society, was present on behalf of the Historical Society
to officially dedicate the conference room and hang Councilmember Wachter's portrait in the Council
Chamber next to the conference room.
REPORT FROM YOUTH REPRESENTATIVES TO THE
NATIONAL LEAGUE OF CITIES CONFERENCE
City Administrator Hedges provided an overview on this item.
Katie Tilley and Maya Babu, youth representatives from Eagan High School who attended the
NLC Conference, reported on the conference workshops they attended. Councilmember Blomquist
commented that youth involvement with city issues will be a key issue for her in the coming year and
invited both young women to participate in any efforts made by the city.
DEPARTMENT HEAD BUSINESS
Councilmember Masin inquired about the city's efforts to begin planning for the celebration of
the millenium. She suggested that a task force be appointed. City Administrator Hedges requested
further direction from the Council. Councilmember Masin commented that the commissions should be
alerted to the planning process to promote collaboration on city celebrations between the commissions.
Councilmember Awada suggested contacting Anne Carlon. Mayor Egan suggested incorporating the
Minutes of the Regular City Council Meeting December 15, 1998 page 2
00424
millenium celebration with Eagan's 25-year birthday celebration. Councilmember Wachter stated that a
millenium celebration is a good idea.
Councilmember Masin inquired about the ARROW program and what efforts have been made in
terms of advertising. Communications Coordinator Foote stated that the pamphlet has been distributed
to 5,000 businesses, the program has been mentioned in the Eagan Business Review and that 25
businesses had responded within only two weeks turn-around time. She further informed the Council
that the recognition window stickers are similar to the stickers issued by the Chamber of Commerce.
Councilmember Wachter inquired about the progress of the Aquatic Facility. Director of Parks
and Recreation Vraa stated that the prospects for opening on June 1, 1999 are more promising given the
favorable construction conditions of the past several weeks.
CONSENT AGENDA
In regard to Item A, Personnel Items, Councilmember Masin commented on the departure of
former police captain Jim Sewald, noting that his presence would be missed.
In regard to Item G, Resolution for the extension of the submittal for updating the
Comprehensive Guide Plan, Councilmember Blomquist stated that the process should move more rapidly
than prescribed. She commented that she will still vote in favor of the item.
In regard to Item I, Authorization to submit application, MnDOT Community Land Partnership
Program, Councilmember Masin asked if the City of Eagan had participated in this program previously.
Director of Parks and Recreation Vraa stated that the Forestry division has been active and commented on
the importance of community volunteers in this partnership program. Councilmember Wachter stated
that he was glad to see that the Kentucky Coffee Tree was included in the program, complimenting the
staff's progress on diversifying tree species in Eagan.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Heidi Rathmann as a temporary Administrative
Intern.
Item 2. It was recommended to approve the hiring of Jayne Chromik and Andrew Ronchak as part-time
seasonal skating instructors.
Item 3. It was recommended to approve the hiring of Sarah Payne as a part-time seasonal skating
instructor assistant.
Item 4. It was recommended to approve the hiring of Jesse Brooks, Michael Byers, Megan Doherty, Nate
Hauenstein, Ryan Hauenstein, Eric Hanson, Christopher Jensen, Catherine Kolde, Katie Konat, Trisha
Larson, Kay Lund, Jennifer Nelson, Nicholas Poppler, Rebecca Stinging and Diana Welter as part-time
seasonal winter recreation leaders.
Item 5. It was recommended to approve the reclassification of the Community Service Officer position in
the Police Department from Compensation Range B to Compensation Range C and of the Associate
Planner position from Compensation Range G Exempt to Compensation Range I Exempt and the change
of the title of that position to Planner.
Item 6. It was recommended to accept the resignation of Police Captain James Sewald.
Item 7. It was recommended to approve the following:
1) Compensation rates for regular, non-collective bargaining employees be increased 2.75% across the
board, effective January 1, 1999.
2) With the exception of election judge rates and seasonal and temporary Parks & Recreation employees,
compensation rates for temporary, non-collective bargaining employees also be increased by' p to 2.75%.
00425
Minutes of the Regular City Council Meeting December 15, 1998 page 3
3) Car expense allowances for City Administrator and Department Heads be increased by 2.75%.
4) Mileage rates be set at the IRS amount (which is currently 32.5 cents a mile). If the IRS increases this
amount, the City's amount will automatically increase to the new IRS rate.
5) The City's contribution for family health insurance would increase by $22.80 a month (half the total
increase for 1999).
Item 8. It was recommended to approve the following:
1) To adjust the compensation step level from Step 6 to Step 7 for the following positions: Animal
Control Officer, the two Building Inspectors who are currently at Step 6, Chief of Police, Director of
Finance, Director of Parks & Recreation, Director of Public Works and City Administrator.
2) To effectively compete with the high demand of the external market, the compensation for the IT
Director will be established at $65,000 per year for 1999 and for the IT Assistant at $50,000 for 1999 to
more accurately reflect the market rates.
3) To authorize the hiring of an external compensation consultant in 1999 to conduct a public market
comparison for all non-bargaining positions.
Item 9. It was recommended to approve the proposed rates of compensation for seasonal and temporary
employees in the Parks & Recreation Department. The same rates will be effective for a two-year period,
1999 and 2000.
98-100
B. Premise permit renewals, Mendota Heights Athletic Association to conduct pull tab sales at LaFonda's,
3665 Sibley Memorial Highway and Valley Lounge, 3385 Sibley Memorial Highway. It was
recommended to approve resolutions renewing the charitable gambling premise permits for Mendota
Heights Athletic Association for pull-tab operations at LaFonda's at 3665 Sibley Memorial Highway and
the Valley Lounge at 3385 Sibley Memorial Highway.
C. Approve off-sale liquor license for lasbir S. Brar (Blackhawk Liquor Store). It was recommended to
approve an off-sale liquor license for Jasbir S. Brar (Blackhawk Liquor Store) 4130 Blackhawk Road.
D. Approve change in ownership of FHF, Inc., dba Hunan Garden to Jeanne Nicole Lee (on-sale liquor
license). It was recommended to approve change in ownership of FHF, Inc., dba Hunan Garden to Jeanne
Nicole Lee (on-sale liquor license).
E. Extension for recording the final subdivision of Deer Rest Pond Addition. It was recommended to
approve a 60-day extension for recording the final plat for 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.
F. Final Subdivision, Ted Wachter Addition - City of Eagan. It was recommended to approve the Final 98-101
Subdivision for Ted Wachter Addition consisting of three lots on 35.3 acres located at the SE intersection
of Pilot Knob Road and Wescott Road in the NW Quarter of Section 22.
G. Resolution for the extension of the submittal for updating the Comprehensive Guide Plan. It was 98-102
recommended to approve a resolution requesting a six-month extension to the December 31, 1998
submittal date for the City's revised Comprehensive Guide Plan to the Metropolitan Council.
H. Final Subdivision, Semper Development, LTD. for Lexington Pointe Thirteen Addition. It was 98-103
recommended to approve a Final Subdivision (Lexington Pointe 13th Addition) consisting of one 2.5 acre
lot and a 10.8 acre outlot currently platted as Outlot A, Lexington Pointe 8th Addition located in the
northwest 1/4 of Section 26.
I. Authorization to submit application, MnDOT Community Land Partnership Program. It was 98-104
recommended to approve the Resolution authorizing application and primary contact person for the
Community Roadside Landscaping Partnership Program.
00426
Minutes of the Regular City Council Meeting December 15, 1998 page 4
J. Final Plat, Brookstone/Amcon LLC for Brookstone-Amcon First Addition. It was recommended to 98-105
approve a Final Plat (Brookstone-Amcon 1st Addition) combining three unplatted parcels and one platted
parcel into a single lot, subject to the vacation of drainage and utility easements in Tranby 151 Addition.
K. Approve the consolidation of the Housing Revenue Bond Fund and the Housing and Redevelopment
Fund into the Housing Fund. It was recommended to approve the consolidation of the Housing Revenue
Bond Fund and the Housing and Redevelopment Fund into the Housing Fund.
L. Approve the 1999 Special Revenue Fund Budgets, including the Housing Fund, the Police Forfeiture
Fund, the Recycling Fund, the Economic Recovery Grant Fund, the Cedarvale Special Services Fund and
the Cable TV Franchise Fees Fund. It was recommended to approve the 1999 Special Revenue Fund
Budgets, including the Housing Fund, the Police Forfeiture Fund, the Recycling Fund, the Economic
Recovery Grant Fund, the Cedarvale Special Services Fund, and the Cable TV Franchise Fees Fund.
M. Approve the 1999 Enterprise Fund Budgets, including Water, Sanitary Sewer, Streeffighting, Storm
Drainage/Water Quality, Civic Arena and Aquatic Facility. It was recommended to approve the 1999
Enterprise Fund Budgets, including Water, Sanitary Sewer, Streetlighting, Storm Drainage/ Water
Quality, Civic Arena and Aquatic Facility.
N. Approve the 1999 Burnsville/Eagan Telecommunications Commission Budget. It was recommended
to approve the 1999 Burnsville/Eagan Telecommunications Budget.
0. Project 96-A, acknowledge completion/ authorize City maintenance (Eagan Heights Townhomes 2nd
Addition). It was recommended to acknowledge the completion of Project 96-A (Eagan Heights
Townhomes 2nd Addition) and authorize perpetual City maintenance subject to warranty provisions.
P. Project 753, receive feasibility report/order public hearing (Thomas Lake Road, Cliff Rd. to Diffley Rd.
- Street Overlay). It was recommended to receive the feasibility report for Project 753 (Thomas Lake
Road, Cliff Rd. to Diffley Rd. - Street Overlay) and schedule a public hearing to be held on February 2,
1999.
Q. Project 756, receive feasibility report/ order public hearing (Woodgate Lane - Street Overlay). It was
recommended to receive the feasibility report for Project 756 (Woodgate Lane - Street Overlay) and
schedule a public hearing to be held on February 2,1999.
R. Approve 1999 consulting engineering rates. It was recommended to approve the general engineering
rates submitted by the designated consulting engineering companies for services to be provided in 1999.
S. 1999 License renewals for trash haulers, tobacco and pet shops. It was recommended to approve the
1999 license renewals for trash haulers, tobacco and pet shops.
T. Consider amendment to Cable Franchise Ordinance No. 101, Article II, Section 4, extending the
franchise term to July 1, 1999. It was recommended to adopt an amendment to Cable Franchise
Ordinance No. 101, Article II, Section 4, extending franchise term to July 1, 1999.
U. Contract 96-10, approve final payment/authorize City maintenance (Yankee Doodle Road Bridge
Widening Over I-35E). It was recommended to approve the final payment for Contract 96-10 (Yankee
Doodle Road/ Bridge Widening) in the amount of $24,363.46 to Edward Kraemer and Sons, Inc. and
accept the improvements for perpetual maintenance subject to warranty provisions.
V. Contact 98-06, approve final payment/ authorize City maintenance (Town Centre 100 Sidewalk
Improvements). It was recommended to approve the final payment for Contract 98-06 (Town Centre 100
- Sidewalk Improvements) in the amount of $16,828.96 to Ron Kasa Construction and accept the
improvements for perpetual City maintenance subject to warranty provisions.
Minutes of the Regular City Council Meeting December 15, 1998 page 5
W. Project 97-RR, acknowledge completion/ authorize City maintenance (Verdant Hills). It was
recommended to acknowledge the completion of Project 97-RR (Verdant Hills - Street and Utilities) and
authorize perpetual City maintenance subject to warranty provisions.
X. Project 96-FF, acknowledge completion/ authorize City maintenance (Whispering Woods 11th
Addition)' It was recommended to acknowledge the completion of Project 96-FF (Whispering Woods 11th
Addition) and authorize perpetual maintenance subject to warranty provisions.
Y. Project 95-LL, acknowledge completion/ authorize City maintenance (Eagan Heights Townhomes 151
Addition). It was recommended to acknowledge the completion of Project 95-LL (Eagan Height
Townhomes 1st Addition) and authorize perpetual City maintenance subject to warranty provisions.
Z. Project 97-AA, acknowledge completion/ authorize City maintenance (Murphy Farm). It was
recommended to acknowledge the completion of Project 97-AA (Murphy Farm) and authorize perpetual
City maintenance subject to warranty provisions.
AA. Project 98-A, acknowledge completion/authorize City maintenance (Murphy Farm 2nd Addition). It
was recommended to acknowledge the completion of Project 98-A (Murphy Farm 2nd Addition) and
authorize perpetual City maintenance subject to warranty provisions.
BB. Project 96-K, acknowledge completion/ authorize City maintenance (Seneca Hills). It was
recommended to acknowledge the completion of Project 96-K (Seneca Hills) and authorize perpetual City
maintenance subject to warranty provisions.
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
PUBLIC HEARINGS
00427
PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1999 98-106
City Administrator Hedges provided an overview on this item. Mayor Egan opened the public
hearing to anyone wishing to speak.
Mr. Joe Barry of 3133 Inglewood Trail was present and addressed the council. He asked for more
specific information on the quantity, type and general character of Eagan's investments. Director of
Firnnce VanOverbeke stated that the City invests between $75-$80 million annually in securities and
other state-approved investment venues. He stated that the city's investments yield interest rates
between 5 and 6 percent. He noted that the amounts in the 1999 budget vary from the 1998 budget
because some funds have been redirected or spent by the council. He indicated that some funds had been
used to defease the general obligation bonds and some had been transferred to the Equipment Revolving
Fund.
Mayor Egan closed the public hearing and returned the discussion to the council.
Councilmember Blomquist commented that she would like to see the budget tightened even further next
year.
Councilmember Masin moved, Councilmember Awada seconded a motion to close the public
hearing and approve the 1999 General Fund Budget. Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
resolution certifying the 1999 ad valorem tax levy. Aye: 5 Nay: 0
0042E
Minutes of the Regular City Council Meeting December 15, 1998 page 6
PROJECT 709R, ENVIRONMENTAL ASSESSMENT REVIEW, STATE HIGHWAY 13 UPGRADE
(SILVER BELL ROAD TO YANKEE DOODLE ROAD)
City Administrator Hedges provided an overview on this item.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to reschedule the
public hearing for the Environmental Assessment Review for Project 709R (Hwy. 13 Upgrade - Silver Bell
Rd. to Yankee Doodle Rd.) to January 19, 1999. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY EASEMENTS, TRANBY FIRST ADDITION
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report and stated that the city had received no objections from the public on this project.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council. Mayor Egan asked how the property is currently zoned.
Senior Planner Ridley responded that the property is zoned and guided for industrial use.
Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public
hearing and approve the vacation of said drainage and utility easements within Tranby First Addition
and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
VACATE DRAINAGE AND UTILITY EASEMENTS, LEXINGTON POINTE 8TH ADDITION
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report and stated that the city had received no objections from the public regarding this
vacation.
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 Masin seconded a motion to close the public
hearing and approve the vacation of said drainage and utility easements within Outlot A, Lexington
Pointe Eighth Addition and authorize the Mayor and City Clerk to execute all related documents. Aye
Nay: 0
VACATE DRAINAGE & UTILITY EASEMENTS, EAGAN WOODS OFFICE PARK
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. He stated that the necessary easements had been acquired, including road access
easements and both the requisite temporary and permanent easements. He noted that the easements had
been approved in the consent agenda. He further stated that the city had received no public objection to
this project.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council. Mayor Egan asked if construction had been set back. Director
of Public Works Colbert stated that the construction had not been set back.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to close the public
hearing and approve the vacation of said public easements within Eagan Woods Office Park and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
00429
Minutes of the Regular City Council Meeting December 15, 1998 page 7
PROJECT 748, JOHNNY CAKE RIDGE RD. (DIFFLEY RD. TO DEERWOOD DR.),
NEW STREET & UTILITIES
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
Mr. Mark Hanson of Bonestroo, Rosene, Anderlik and Associates was present and addressed the
council. He gave an overview of the development, identifying the sanitary sewer extension, water main
improvements, the pressure-reducing station, storm sewer improvements and commented and identified
impacted ponding areas.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council. Mayor Egan asked if the council has the normal waiver of
objections to the assessment costs from the developer, commenting that the city is already facing a
substantial public deficit on this development. Director of Public Works Colbert stated that the waiver
would be part of the development agreement which would have to be executed and approved prior to
awarding a contract. Mayor Egan inquired about the potential signalization of the intersection of Johnny
Cake Ridge Road and Diffley Road and inquired about how the city will collect revenues for the city's
portion of the 55-45 cost split with the county. Director of Public Works Colbert stated that the signal
would be funded from the Major Street Fund. He discussed the traffic study conducted in the area which
determined that the signal is not development-driven, but is a community-based need and cannot
therefore be assessed to the developer but would be an appropriate allocation of resources from the Major
Street Fund. Councilmember Blomquist asked if the council would approve changes to impacted roads.
Director of Public Works Colbert stated that the roads would be privately constructed as part of the
development.
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve Project 748 (Johnny Cake Ridge Road Extension - New Street and Utility
Improvements) and authorize the preparation of detailed final plans and specifications. Aye: 5 Nay: 0
PROJECT 752, JOHNNY CAKE RIDGE RD. (CLIFF RD. TO TEAL COVE),
STREET REHABILITATION
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. Development/ Design Engineer Gorder provided an overview 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 asked if there was a miscalculation of
the assessment amount of $19,000. Development/ Design Engineer Gorder stated that only 27% of the
properties in the neighborhood have direct driveway access to Johnny Cake Ridge Road.
Mayor Egan moved, Councilmember Wachter seconded a motion to close the public hearing and
approve Project 752 (Johnny Cake Ridge Road - Street Overlay) and authorize the preparation of detailed
plans and specifications. Aye: 4 Nay: 1 (Blomquist opposed)
OLD BUSINESS
FINAL PLANNED DEVELOPMENT - TRANSPORT CORPORATION OF AMERICA 98-107
FINAL PLAT (TRANSPORT AMERICA HEADQUARTERS ADDITION)
City Administrator Hedges provided an overview on this item. He stated that the item had been
continued to so a traffic study could be completed. He thanked the members of the audience for their
patience. Senior Planner Ridley gave a staff report.
Mr. John Donnelly, representing the property owner, was present and addressed the building
location and visibility.
0 0430
Minutes of the Regular City Council Meeting December 15, 1998 page 8
Director of Public Works Colbert reviewed the conclusions of the traffic study. He stated that the
residents had been concerned that employees of Transportation Corporation of America (TCA) would
take Heritage Lane to Letendre and subsequently access Highway 13. He reported that the traffic counts
at the north end of Heritage Lane were 181 cars per day and the south end of the road experienced 258
cars per day. He noted that Letendre supports 1,261 cars daily. He stated that improvements to the
segment of the Heritage that jaunts from the main section of Heritage should be constructed with the
development. He stated that TCA's presence will account for an additional 1,000 trips on the roads in the
area on a daily basis. He informed the council and audience that the State of Minnesota had approved
direct access for TCA onto Highway 13, thereby deferring traffic from Heritage Lane. He explained that
the construction of an island would ease the flow of traffic entering and exiting the TCA property from
Highway 13. He stated that the State was not opposed to signage restricting left-turns from Highway 13
to Letendre.
Mayor Egan asked the impacted property-owners if, in light of the results of the traffic study,
they still preferred the option of installing a cul-de-sac on one end of Heritage Lane. The audience
response indicated that they still preferred the cul-de-sac option. Mayor Egan invited public comment.
Several members of the audience stated concerns regarding building size, location, tree loss,
screening and traffic.
Mayor Egan inquired about the parking. Senior Planner Ridley stated that the developer needed
to show proof of parking. He stated that the development must account for required parking, but may
not need to construct the proposed parking deck in the southwest portion of the property. Mayor Egan
asked if the encapsulation of the fly ash under the surface of the parking lot would retain the stability of
the fly ash. Senior Planner Ridley confirmed that, according to the Minnesota Pollution Control Agency,
the fly ash would be stable if handled according to the submitted proposal.
In response to a question regarding liability, City Attorney Sheldon stated that TCA has been
fully and fairly informed of the property's hazards and is consequently liable for any negative impacts.
Councilmember Masin stated that she believes the neighborhood has been shortchanged and
doesn't understand how a building that requires over 600 parking spaces fits within the definition of
limited business use. Senior Planner Ridley stated that limited business permits office use and that the
juxtaposition of office and residential developments is an appropriate transition. He stated that the site
has been designed to limit disturbance on the neighbors by excluding activity between the physical
building and the residential neighborhood. Councilmember Wachter expressed concern about installing a
cul-de-sac because police, fire and ambulance services will be delayed by the lack of direct access.
Councilmember Awada clarified that the neighborhood was not opposed to the development if
they could be assured that traffic issues would be resolved. The general response from the audience
supported her statement. She suggested that staff implement a trigger to ensure that this area be assessed
and evaluated after the TCA building has been occupied and the city can collect reliable data on actual
traffic patterns. Councilmember Blomquist stated that the city knows they will have to install a cul-de-sac
and that there should be a cul-de-sac at the south end of Heritage and more landscaping in the buffer.
Mayor Egan asked how this project would be funded. Director of Public Works Colbert stated that it
could be financed by the Major Street Fund or handled like any public improvement request petitioned
where the costs would be recovered through property-owner assessments.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a 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 1/4 of Section 8) upon completion of an improved landscaping
buffer plan between the development and the residential neighborhood and subject to further discussion
at a City Council meeting approximately three months after occupation by Transport Corporation of
America subject to the following conditions:
Minutes of the Regular City Council Meeting December 15, 1998 page 9 00431
The property shall be platted in accordance with the attached Final Plat drawing dated
11/3/98 prior to building permit issuance.
2. The property shall be legally combined into a single tax parcel prior to building permit
issuance.
3. The applicant and/or developer shall enter into a Final Planned Development Agreement
with the City.
4. The following exhibits are required for the Final Planned Development Agreement:
Final Site Plan
Final Landscape Plan
Final Building Elevations and Signage Plan
Lighting Plan
5. The City shall reserve the right to require the construction of additional off-street parking
stalls should the need arise.
6. All applicable handicap parking requirements of the Minnesota State Council on
Disability shall be satisfactorily met.
7. All trash handling and recycling receptacles shall be located within the principal
structure.
8. The following tree preservation related conditions shall be fulfilled:
A. The applicant shall install forty-four (44) Category A trees or eighty-eight (88)
Category B trees or one hundred seventy-six (176) Category C trees, or an
equivalent combination of these trees as mitigation for tree removal in excess of
allowable limits.
B. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever
is greater, of significant trees/woodlands to be preserved.
C. The applicant shall contact the City Forestry Division at least five days prior to
issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
All exterior lighting shall be hooded and directed to deflect light away from adjacent
properties and rights-of-way and not exceed the foot-candle levels indicated on the
submitted Lighting Plan dated 10/21/98.
10. The outside storage of materials (including tractor trucks and semi-trailers) shall be
prohibited.
11. All site signage shall comply with applicable provisions of the City Sign Code.
12. The developer shall extend sanitary sewer and water main laterals through the site for
future connection by potential development of properties directly to the north.
13. The developer shall be responsible for obtaining a MnDOT access permit for the
proposed driveway entrance onto Hwy. 13. The developer shall also be responsible for
all conditions required by MnDOT with the access permit.
Minutes of the Regular City Council Meeting December 15, 1998 page 10 00432
14. The developer shall provide evidence of an existing ingress/egress easement over Parcel
031-75 for the portion of the proposed service drive that crosses that property.
15. The developer shall install physical channelization features and signage at the site's
eastern access that would only allow right turn movements onto Heritage Lane.
16. Drainage & utility easements shall be dedicated on the final plat to cover the sanitary
sewer, water main and storm sewer extensions to service future development of property
to the north of this site.
17. The developer shall dedicate adequate drainage and ponding easements to incorporate
the required high water elevation plus 3 feet over the "dry" basin located in the
southwest corner of the site (Pond CP-10 as designated in the City's Storm Water
Management Plan - 1990).
18. A cash dedication for water quality shall be required.
19. The developer shall be responsible for a cash parks dedication and a cash trails
dedication.
20. The use of trucks other than for deliveries, shall be prohibited from entering the subject
property.
21. At the developer's expense, the following traffic related improvements shall be
implemented prior to building occupancy:
A. Access to the site from Heritage Lane shall be modified by constructing a center
triangular median to direct exiting traffic onto southbound Heritage Lane.
B. Restricted left-turn signage shall be installed at the egress from the site onto
Heritage Lane and on Highway 13 at Letendre Street.
C. The Heritage Lane approach to Yankee Doodle Road shall be re-striped into two
southbound lanes and one northbound lane. The southbound lanes shall be an
exclusive left-turn only and a combined through/right-turn lane. Such re-
striping shall require the relocation of the traffic sensors implanted in the
roadbed. The south leg (Blue Cross Road) shall also be re-striped to provide a
matching mirror image lane configuration of the Heritage Lane approach to
Yankee Doodle Road.
22. Additional coniferous tree plantings shall be provided along the site's eastern boundary
to visually screen the proposed office building from adjacent residential properties.
Further discussion occurred regarding the cost participation of the possible future installation of a
cul-de-sac. Councilmember Awada stated that the costs could not be imposed on TCA because there is no
benefit. Mayor Egan suggested the council adopt the recommendations of the staff, subject to
Councilmember Awada's stipulations. Mayor Egan also stated that this development would be a positive
addition to the City of Eagan and described the development as a first-class professional building.
Councilmember Wachter cautioned the residents again about the potential safety hazards of closing off an
end of the street. Aye: 5 Nay: 0
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Final
Plat (Transport America Headquarters Addition) combining the 5 lots which underlie the subject
property into a single 8.3 acre parcel. Aye: 5 Nay: 0
Minutes of the Regular City Council Meeting December 15, 1998 page 11 00433
MUNICIPAL CAMPUS GENERATOR
City Administrator Hedges provided an overview on this item. Director of Parks and Recreation
Vraa gave a staff report and indicated that the residents neighboring the proposed site for the generator
(site A), at the meeting on December 8, suggested considering the locations south and west of the police
station on the municipal campus as alternative locations. Director of Parks and Recreation Vraa reviewed
the information included in the packet, pointing out the costs involved.
Mayor Egan stated that he had discussed this matter with City Administrator Hedges and
Councilmember Awada and mentioned the cost-savings to the city of installing a generator, citing the
success of the generator at West Group. He stated that the selection of the alternative location near the
police station would not conflict with the expansion needs of the police force, according to projections to
the year 2010. Councilmember Blomquist stated that this generator has become a larger structure than
originally suggested and stated that this should not be placed near residents' homes.
Mr. Tom Vagts from Dakota Energy Alternatives was present and addressed the council.
Councilmember Blomquist asked if it would be possible to break up the generator into two smaller
generators to distribute the noise more favorably. Mr. Vagts responded that the payback period for such
an investment is too long. He further stated that both generators would still have to be located either near
one another on the municipal campus or near one another in the residential area.
Mr. Larry Christenson of 3896 Denmark Avenue was present and addressed the council. He
stated that an alternative solution would be to encourage use of energy in non-peak times and reduce
overall energy consumption but disagreed with the public policy choice to engage in "peak-shaving" by
adding the capacity to create more energy.
Councilmember Awada moved, Mayor Egan seconded a motion to select Site C (to the south of
the police station on the municipal campus) and direct staff to prepare plans consistent with the design of
the other buildings on the campus for consideration by the council.
Councilmember Masin expressed concern about limiting the expansion opportunities for the
police station. Councilmember Wachter stated that it is unlikely that the police department will use all
the space at their disposal in the near future. Councilmember Awada suggested locating the generator
close to the road to allow the largest possible area for future expansion of the police station. Mayor Egan
stated that the plans should be designed with the expansion of the police department in mind. Aye: 4
Nay:1 (Blomquist opposes)
NEW BUSINESS
ORDINANCE AMENDMENT TO CHAPTER 10, REGULATION OF FERRETS
City Administrator Hedges provided an overview on this item. Mayor Egan inquired about the
feasibility of enforcing this ordinance. City Administrator Hedges confirmed that this ordinance would
be challenging to enforce. Councilmember Wachter stated that this measure is for the benefit of the
owners of ferrets and that the council's adoption of this ordinance will heighten awareness of the health
risks to ferret-owners.
Councilmember Masin moved, Councilmember Awada seconded a motion to approve an
ordinance amendment to allow the lawful ownership of ferrets in the City. Aye: 5 Nay: 0
ORDINANCE AMENDMENT TO CHAPTER 10 (PUBLIC PROTECTION, CRIMES AND OFFENSES)
BY AMENDING SECTION 10.40, SUBD. 1, REGARDING ADOPTION OF THE
1997 MINNESOTA UNIFORM FIRE CODE
City Administrator Hedges provided an overview on this item.
Minutes of the Regular City Council Meeting December 15, 1998 page 12 00434
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
ordinance amendment adopting the 1997 Minnesota Uniform Fire Code. Aye: 5 Nay: 0
ORDINANCE AMENDMENT TO CHAPTER 4 (CONSTRUCTION LICENSING,
PERMITS AND REGULATIONS) REGARDING ADOPTION OF THE
1997 MINNESOTA UNIFORM BUILDING CODE
City Administrator Hedges provided an overview on this item.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the
ordinance amendment adopting the 1997 Minnesota Uniform Building Code. Aye: 5 Nay: 0
ORDINANCE AMENDMENT TO CHAPTER 4 (CONSTRUCTION LICENSING,
PERMITS AND REGULATION) BY AMENDING SECTION 4.01 AND 4.04,
REGARDING INDIVIDUAL SEWAGE TREATMENT SYSTEMS
City Administrator Hedges provided an overview on this item.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
ordinance amendment regarding individual sewage treatment systems. Aye: 5 Nay: 0
ORDINANCE AMENDMENT TO CHAPTER 4 (CONSTRUCTION LICENSING,
PERMITS AND REGULATION) BY ADDING A SECTION REGARDING PLUMBING
PERMIT PLAN REVIEWS
City Administrator Hedges provided an overview on this item.
Councilmember Wachter moved, Councilmember Awada seconded a motion to motion to
approve the ordinance amendment adding a section regarding plumbing permit plan. Aye: 5 Nay:
LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS
City Administrator Hedges commented that the report on the National League of Cities
Conference had been addressed well earlier in the meeting. He informed the council that he will serve as
the spokesperson for the Municipal Legislative Commission at a conference later this week with
Governor-elect Ventura's transition team.
Mayor Egan commented that the NOISE organization has terminated its contract with Betty Ann
Kane and has entered a new contract with Lockridge Grindle. He stated that Mr. Dennis McGrand is
enthusiastic about his new position with NOISE. Ms. Betty Ankanin continued in her capacity as a
lobbyist of the federal government for a time, but the responsibilities have now been assigned entirely to
Mr. McGrand and Mayor Egan expects superior management of the operations of the NOISE as a result
of this change in leadership.
ADMINISTRATIVE AGENDA
SPECIAL CITY COUNCIL MEETING/JANUARY 12,1999
Councilmember Awada moved, Councilmember Masin seconded a motion to schedule a Special
City Council meeting for Tuesday, January 12, 1999 at 5:00 p.m. for the purpose of interviewing
applicants seeking an appointment to the City's advisory commissions. Aye: 5 Nay: 0
APPOINT REPRESENTATIVE TO INTERVIEW CONSULTANTS FOR
CEDARVALE REDEVELOPMENT PROJECT
City Administrator Hedges provided an overview on this item.
00435
Minutes of the Regular City Council Meeting December 15, 1998 page 13
Councilmember Masin moved, Councilmember Wachter seconded a motion to appoint
Councilmembers Awada and Blomquist to serve on the interview panel to recommend a consultant
perform the Greater Cedarvale Area Study. Aye: 5 Nay: 0
YMCA FUNDING MECHANISM
City Administrator Hedges gave an overview on this item. He stated that the funding for the
YMCA teen center proposal does not fit the requirements of the Community Development Block Grant
administered by the Dakota County Housing and Redevelopment Authority. City Administrator Hedges
suggested a transfer of funds from the General Fund balance to cover the costs of this allocation.
Councilmember Awada moved, Councilmember Masin seconded a motion to transfer the
appropriated funds for the YMCA teen center proposal from the General Fund balance. Aye: 5 Nay:
ROUND TABLE
Senior Planner Ridley stated that it has been a pleasure to work with Mayor Egan and
Councilmember Wachter.
Director of Public Works Colbert expressed his gratitude for the work of Mayor Egan and
Councilmember Wachter.
City Attorney Sheldon stated that it had been a pleasure and an honor to work with Mayor Egan
and Councilmember Wachter.
City Administrator Hedges expressed gratitude and respect for the work of Mayor Egan and
Councilmember Wachter in their capacities as life-long public servants.
Councilmember Wachter stated that his tenure in public service in Eagan has been a learning
experience of unparalleled value. He humbly expressed his hope that his service had improved the lives
of Eagan residents.
Councilmember Awada stated that she had received a letter regarding the intersection of Wescott
and Lexington and would respond to the letter, indicating that this issue would be brought for council
consideration after the 13' of the year. She further stated that she would pursue funding for light-rail
transit in Eagan, but would first be asking a lot of questions about the means for accomplishing this
economic development goal for Eagan. Councilmember Masin suggested she contact Lynn Moratzka
with Dakota County.
Mayor Egan stated that he had his last meeting with Curt Johnson of the Metropolitan Council
and had stressed the importance of a light-rail hub in Eagan. He stated that his 21 years of service to
Eagan have gone too quickly but that it has been a privilege beyond his wildest dreams. He expressed
gratitude to the citizens of Eagan for electing him to this position.
Councilmember Masin stated that she attended the DARTS volunteer celebration and that both
recipients of the Volunteer of the Year Award were Eagan residents.
Councilmember Blomquist stated that the discussion on the Lexington-Wescott intersection had
reminded her to inquire about the pending consideration of the Rahn-Diffley intersection. Director of
Public Works Colbert stated that the matter would be addressed after the new year due to an acutely
heavy workload of late. Councilmember Blomquist contested Councilmember Awada's position on the
intersection at Lexington and Wescott, stating that in previous discussions the council had determined
that a signal at the intersection is dangerous. She further stated that the intersection does not require a
signal because the wait is not burdensome and advised Councilmember Awada to consult with the new
council before establishing what may be interpreted as a council position.
Minutes of the Regular City Council Meeting December 15, 1998 page 14 00436
ADJOURNMENT
The meeting adjourned at 10:03 p.m.
AH
(I to Doi December 15, 1998 101
Date City Clerk
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