02/04/2003 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
February 4, 2003
A regular meeting of the Eagan City Council was held on Tuesday, February 4,2003 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire.
Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom
Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey.
AGENDA
Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
OATHS OF OFFICE - POLICE OFFICERS
Mayor Geagan administered the Oaths of Office to Police Officers David Letoruneau, James Proshek,
Desiree Carlson, Darrin Schultz.
CONSENT AGENDA
Items D and P were pulled from the Consent Agenda.
A. Minutes. It was recommended to approve the minutes of the January 21, 2003 regular City Council
meeting, the January 21,2003 Listening Session, the January 21,2003 special City Council meeting and
the January 14,2003 special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the 2003-2004 collective bargaining agreement with the clerical
bargaining unit (Teamsters Local 320).
C. Check Registers. It was recommended to ratify the check registers dated January 23,2003 and January 30,
2003 as presented.
D. Minute Modification. It was recommended to approve a modification to page three of the November 7,
2002 City Council Minutes, adding item GG approving a proposal by I-Net and Sub-net for wiring at the
Eagan Community Center.
E. Liquor License. It was recommended to approve changes in management on the off-sale beer licenses for
SuperAmerica Store #4335 located at 1379 Town Centre Drive and Store #4464 located at 2250 Cliff
Road.
F. Operations Committee Recommendation. It was recommended to approve the Operations Committee
recommendations regarding "The Blast" (indoor playground).
G. Cooperative Agreement with DNR. It was recommended to approve a cooperative agreement with the
State of Minnesota DNR for a fishing pier awarded to the City for installation at Thomas Lake Park.
H. Waiver of Subdivision. It was recommended to approve a Waiver of Subdivision for a duplex lot split to 03-02
allow or individual ownership of the two units for property platted as Lot 8, Block 5, Wilderness Run Fiftl
Addition, located 1327 and 1329 Easter Lane in the NW 'I. of Section 27.
1. Contract 03-02. It was recommended to approve the plans and specifications for Contract 03-02
(Lexington Place / Drexel Heights Additions - Street Overlay) and authorize the advertisement for a bid
opening to be held at 10:30 a.m. on Thursday, February 27, 2003.
1. Contract 01-12. It was recommended to approve Change Order No.4 to Contract 01-12 (July 2000 Storm
Mitigation Improvements - Misc. Areas 2 and 4) and authorize the Mayor and City Clerk to execute all
related documents.
K. Contract 01-13. It was recommended to approve Change Order No.4 to Contract 01-13 (July 2000 Storm
Mitigation Improvements - Areas 1,3,49 and 10) and authorize the Mayor and City Clerk to execute all
related documents.
L. Contract 01-15. It was recommended to approve Change Order No.2 to Contract 01-15 (July 2000 Storm
Mitigation Improvements - Miscellaneous Areas 6, 7, and 8) and authorize the Mayor and City Clerk to
execute all related documents.
Eagan City Council Meeting Minutes
February 4, 2003
Page 2
M. Contract 03-06. It was recommended to receive the bids for Contract 03-06 (2003 City-wide Sanitary
Sewer Lining and Reconstruction), award the contract to Insituform Technologies USA, Inc. for the base
bid in the amount of $127,732.50 and authorize the Mayor and City Clerk to execute all related documents.
N. Proiect OO-C. It was recommended to acknowledge the completion of Contract OO-C (Murphy Farm 3rd
Addition - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty
provisions.
O. D.A.R.E. Agreement. It was recommended to approve annual D.A.R.E. and Police Liaison Services
Agreement for the 2002-2003 school year with ISD 196.
P. DNR Metro Greenwav Grant A ward. It was recommended to accept DNR Metro Greenway grant award in
the amount of $8,000; concurrently award contract to Dakota County Soil and Water District to conduct
study of Metro Greenway in parts of Eagan.
Q. 2003 Commercial Fertilizer License Renewal. It was recommended to approve 2003 Commercial
Fertilizer License Renewals for Green Masters and Tru Green Chern Lawn.
Councilmember moved, Councilmember seconded a motion to approve the balance of the Consent Agenda.
Aye: 5 Nay: 0
D. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a modification to
November 7,2002 City Council Minutes. Aye: 3 Nay: 0 Abstain: Geagan, Maguire
P. Councilmember Carlson moved, Councilmember Tilley seconded a motion to accept DNR Metro
Greenway Grant award in the amount up to $10,000 with the City matching up to $8,000 for a total cost
not to exceed $18,000; concurrently award contract to Dakota County Soil and Water District to conduct
study of Metro Greenway in parts of Eagan. Aye: 5 Nay: 0
PUBLIC HEARINGS
LOT 2, BLOCK 5, WILDERNESS RUN 4TH ADDITION - EASEMENT VACATION
City Administrator Hedges recommended this item be continued to the February 18,2003 City Council
meeting to allow time for review by the Advisory Park and Recreation Commission.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue the public hearing
to consider the vacation of public trail easement on Lot 2, Block 5, Wilderness Run 4th Addition to February 18,
2003. Aye: 5 Nay: 0
PROJECT 882, CRESTRlDGE LANE - STREET OVERLAY
City Administrator Hedges introduced this item regarding the preparation of detailed plans and
specifications for Credstridge Lane street overlay. Assistant City Engineer Gorder gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing
and turned discussion back to the Council.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve Project 882
(Crestridge Lane - Street Overlay) and authorize the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
PROJECT 680, CLIFF ROAD
STREET & UTILITY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for Cliff Road street and
utility improvements. Public Works Director Colbert gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing.
Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
February 4,2003
Page 3
Duane Olson, 1250 Cliff Road, expressed his opposition to the proposed assessment. There was no further
public comment.
Councilmember Fields moved, Councilmember Carlson seconded a motion to close the public hearing.
Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final
Assessment Roll for Project 680 (Cliff Road - Street and Utility Improvements) and authorize its certification to
Dakota County for collection. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Maguire seconded a motion to give PID #011-
02 (Olson property) an option to have all but 85 feet of frontage assessment deferred with interest until development
or sale of the property. Aye: 5 Nay: 0
OLD BUSINESS
REQUEST FOR RECONSIDERATION OF VARIANCE - DUANE OLSON
City Administrator Hedges introduced this item regarding a request by Duane Olson for reconsideration of
a variance request to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. This issue
was originally considered at the January 21,2003 Council meeting. City Attorney Dougherty recommended that
consideration of the Findings of Fact for Denial be acted on prior to reconsideration of the variance.
Councilmember Carlson moved, Councilmember Fields seconded a motion to confirm the Findings of 03-03
Fact, Conclusions and Resolution of Denial of the Variance request of Duane Olson for a 6.5 foot fence in a front
yard on property located at 1250 Cliff Road in the NE II. of Section 34. Aye: 5 Nay: 0
Paulette Olson, Scott Johnson, Sherry Norton, and James Shu, neighbors ofMr. Olson, were present and
spoke in favor of the variance to allow Mr. Olson to construct a fence in his front yard.
Mr. Olson addressed the Council, discussing the need for a fence in his front yard. He stated the noise
level has increased due to increased traffic on Cliff Road and with the removal of vegetation, car lights shine into
house.
Council, staff, Mr. Olson and neighboring property owners discussed Mr. Olson's proposed fencing and
the fencing that is planned for the neighboring properties that would not require a variance. Council recommended
that after installation of the neighboring fences, Mr. Olson consider a shorter fence that would be more compatible
and request, at that time, reconsideration of the variance.
NEW BUSINESS
DEVELOPMENT AGREEMENT - KEYSTONE COMMUNITIES OF EAGAN LLC
City Administrator Hedges discussed this item regarding a development agreement, including the sale of
public land, with Keystone Communities of Eagan LLC for 126 units of senior housing.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the development
agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior
housing in the Cedar Grove Tax Increment Finance Redevelopment District No.1. Aye: 5 Nay: 0
Doris Dahline read a list of concerns and questions, which included the following:
. Height of the proposed building
. Vehicular ingress and egress
. Emergency vehicle access
Eagan City Council Meeting Minutes
February 4,2003
Page 4
. Parking for staff, residents and visitors
Councilmembers explained that these issues will be addressed at the time of development and compliance
with the City Code will be ensured. The proposed action currently before the Council is in regard to a
development agreement only.
INTERIM USE PERMIT - PETER LUND
City Administrator Hedges explained that Mr. Lund had requested consideration of an Interim Use Permit
to allow outdoor storage of semi-trailers and prefabricated modular storage units to be located southeast of Mike
Collins Drive and Borchert Lane be continued to the February 18,2003 City Council meeting.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of an
Interim Use Permit to allow outdoor storage of semi-trailer and prefabricated modular storage units to be located
southeast of Mike Collins Drive and Borchert to the February 18 City Council meeting. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Carlson seconded a motion to direct staff to notify
applicant of the City's 60 day extension to the agency action deadline and to direct the item to the February 13,
2003 Advisory Parks and Recreation Commission for review and comment. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT - CITY OF EAGAN
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment for
Special Area #5 (Cedarvale Area) to the Metropolitan Council for review and approval.
Four residents expressed concern regarding rezoning of their property and environmental impacts.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct staff to submit the
Comprehensive Guide Plan Amendment for Special Area #5 (Cedar vale Area) to the Metropolitan Council for
review and approval. Aye: 5 Nay: 0
Mayor Geagan moved, Councilmember Fields seconded a motion to direct the zoning ordinance
pertaining to the 300 ft. creek buffer setback to a future workshop for discussion. Aye: 5 Nay: 0
CBDG FUNDING FOR FISCAL YEAR 2003
City Administrator Hedges introduced this item regarding distribution ofFY 2003 Community
Development Block Grant (CDBG) funding. Senior Planner Ridley gave a staff report.
Discussion was held regarding how much funding was necessary for Eagan Youth Services.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to allocate $224,500 to the
Blight Clearance Program Fund and $10,500 to Eagan Youth Services. Aye: 5 Nay: 0
COMMUNITY CENTER UPDATE
City Administrator Hedges gave a brief update on the recommendations of the Operations Committee.
Councilmember Carlson moved, Councilmember Tilley seconded a motion that the color of the aerobics
room remain as is (green) and not be changed to a more neutral color as originally directed by the Operations
Committee on December 13,2002, and as stated to the City Council at their December 23 Special City Council
meeting. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
February 4,2003
Page 5
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed a meeting to be held by Dakota County at Camp Sacagawea Lodge
located in Lebanon Hills Park regarding the Dakota County drainage plan for Lebanon Hills Regional Park. He
suggested that a special meeting be called due to more than two City Councilmembers planning to attend the
meeting.
Councilmember Fields moved, Councilmember Carlson seconded a motion to set a special City Council
meeting date for February 6, 2003 at 6:30 p.m. at Sacagawea Lodge. Aye: 5 Nay: 0
ECONOMIC DEVELOPMENT AUTHORITY
Mayor Geagan called a recess at 9:35 p.m. and immediately convened a meeting of the Economic
Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:37 p.m.
and introduced "Visitors to Be Heard".
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
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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, (651) 675-5000, (TDD phone: (651) 454-8535).
Councilmember Tilley moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:40
and went into Executive Session to discuss pending litigation.
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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.