08/07/2001 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 7, 2001
A regular meeting of the Eagan City Council was held on Tuesday, August 7,2001 at 6:30 p.rn. at the
Eagan Municipal Center. Present were Mayor Awada and Councilmembers, Carlson and Fields. Also present were
City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City
Attorney Mike Dougherty. City Councilmember Bakken was absent due to an out of state military duty. City
Councilmember Tilley was attending an out of state soccer tournament for her daughter.
AGENDA
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 3 Nay: 0
RECOGNITIONS AND PRESENTATIONS
PRESENTATION BY STEVE KING, DAKOTA COUNTY ECONOMIC DEVELOPMENT
PARTNERSHIP
PROCLAMATION OF EAGAN BUSINESS RECOGNITION DAY
City Administrator Hedges introduced Steve King, Dakota County Economic Development Partnership
who provided an update on the recent activities and accomplishments of the Dakota County Economic Development
Partnership. He also discussed the Job Fair that will be held in the City of Eagan on Thursday, August 23. He
stated the job fair is intended to recognize and congratulate the business community in Eagan for the vital role it
plays in promoting the image of excellence in the community. Mayor Awada read the proclamation naming August
23,2001 as Eagan Business Recognition Day in the City of Eagan.
Councilmember Fields moved, Councilmember Carlson seconded a motion to proclaim August 23,2001 as
Eagan Business Recognition Day. Aye: 3 Nay: 0 01- 5 0
PROCLAMATION OF NATIONAL NIGHT OUT
City Administrator Hedges discussed National Night Out which is being observed this date in an effort to
promote the importance of crime prevention programs. Police Chief Therkelson discussed the background of
National Night Out. He displayed a map showing block groups that are getting together and stated that
representatives of the Police, Fire and Public Works Departments will be visiting each of the block group sites.
01-51
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a proclamation
naming August 7, 2001 as National Night Out. Aye: 5 Nay: 0
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the July 17,2001 Regular City Council meeting.
B. Personnel Items.
1. It was recommended to accept the resignation of Amy Hertel, Administrative Specialist.
2. It was recommended to accept the resignation of Judy Showalter, Clerical Tech III in Engineering.
3. It was recommended to accept the resignation of Tricia Ragner, Clerical Tech III in Parks and Recreation.
4. It was recommended to approve the hiring of Sean Lessard as a Community Service Officer.
5. It was recommended to approve the hiring of Erin Nelson as a part-time seasonal guest services worker at
Cascade Bay.
6. It was recommended to approve the hiring of Elizabeth Porter and Molly Jaye as part-time seasonal concessions
workers.
7. It was recommended to approve the hiring of Andrea Young as a part-time seasonal skating instructor at the civic
arena.
8. It was recommended to approve the hiring of Carrie Gangl as a Seasonal GIS Intern.
Eagan City Council Meeting Minutes
August 7, 2001
Page 2
9. It was recommended to approve the hiring of Jamie Bewley as a Part-time Clerical Technician III in the Police
Department.
10. It was recommended to approve the hiring of Jeffrey Wheeler and Jerold Frevel as building inspectors.
11. It was recommended to approve the establishment of a City Clerk / Administrative Services Coordinator
position.
C. Licenses. It was recommended to approve new tobacco licenses and service station licenses for Food & Fuel,
2000 RahncliffCourt; and Food & Fuel, 4206 Nicols Road.
D. Refuse Hauling Contract. It was recommended to award the City's refuse hauling contract to Browning Ferris
Industries (BFI).
E. Metropolitan Regional Arts Council (MRAC) Grant of $4,000. It was recommended to approve the
Metropolitan Regional Arts Council grant of $4,000.
F. Acquisition Agreement 1930 Silver Bell Road. It was recommended to approve the acquisition agreement for
1930 Silver Bell Road and declare that the City intends the acquisition to be eligible as a reimbursable expense
as part of the Cedar Grove Tax Increment Finance Redevelopment District.
G. Acquisition Agreement - 2230 Clark Street. It was recommended to approve the acquisition agreement or 2230
Clark Street.
H. Acquisition Agreement - 2238 Clark Street. It was recommended to approve the acquisition agreement for
2238 Clark Street.
I. Acquisition Agreement with Twin City Poultrv. It was recommended to approve the acquisition agreement for
Twin City Poultry and declare that the City intends the acquisition to be eligible as a reimbursable expense as
part of the Cedar Grove Tax Increment Finance Redevelopment District.
J. Financing Plan and Final Agreements - Energy Alternatives Generator. It was recommended to approve final
agreements for the Energy Alternatives generator.
K. Contract 01-06. It was recommended to receive the bids for Contract 01-06, Blue Gential Road Street and
Utility Improvements.
L. Contract 01-14. It was recommended to receive the bids for Contract 01-14 (July 2000 Storm Mitigation
Improvements - Misc. Areas #1, 4,5 & 10) and continue the award of the contract to the August 21,201 regular
City Council meeting.
M. Contract 00-07. It was recommended to approve Change Order No.6 to Contract 00-07 (TH 13/Blackhawk
Road - Divided our-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related
documents.
N. Joint Powers Agreement with Dakota County. It was recommended to approve a Joint Powers Agreement
between the City of Eagan and Dakota County agreeing that Dakota County will inform property owners of its
three-year pumping maintenance requirements for Individual Sewage Treatment Systems (I.S.T.S.).
O. Transfer of Used Squad Cars for Police Training. It was recommended to authorize the Police Department to
enter into an agreement with the Dakota County Technical College which would entail the city providing two
used squad cars in exchange for police training offered by the college.
P. Olson-Burger Addition. It was recommended to approve a one-year extension of the Preliminary Subdivision
approval for Olson-Burger Addition, consisting of three lots and one outlot on approximately 33 acres located
east and west ofI-35E between Yankee Doodle and Lone Oak Roads, in the west Yz of Section 10.
Q. ISD 196 Family Services Collaborative LCTS Grant. It was recommended to approve the ISD 196 Family
Services Collaborative LCTS Grant in the amount of $25,000.
R. Citv of Eagan 2001 Fee Schedule. It was recommended to amend the 2001 Fee Schedule to add the following
fees:
$ 3.00 Digital color photocopy (fIrst copy)
1.00 Each additional digital color photocopy of same item
1.50 Digital black and white photocopy (fIrst copy)
.25 Each addition digital black and white photocopy of same item
500.00 Escrow deposit for commercial and industrial variance requests
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the Consent Agenda
as presented. Aye: 3 Nay: 0
Eagan City Council Meeting Minutes
August 7, 2001
Page 3
PUBLIC HEARINGS
PROJECT 749, E. HIGHWAY 55 FRONTAGE ROAD
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for Project 749 (East
Highway 55 Frontage Road street and access management improvements). Public Works Director Colbert gave a
staff report.
Mayor A wada opened the public hearing.
A resident questioned where the $250,000 from the state will be allocated. Public Works Director Colbert
explained the allocation of the State funds.
There being no further public comment, Mayor A wada closed the public hearing and turned comment back
to the Council.
Councilmembers discussed the Baumann property at 3245 Highway 55 and agreed that the assessment
could be deferred until time the property is developed.
Mayor A wada moved, Councilmember Fields seconded a motion to approve the fmal assessment roll for
Project 749 and authorize its certification to Dakota County for collection; and a deferred assessment agreement be
executed with the property owner of3245 Highway 55. Aye: 3 Nay: 0
PROJECT 784R, LOUIS LANE - STREET AND UTILITY IMPROVEMENT
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding Project 784, Louis Lane - street and utility
improvement final assessment hearing. Public Works Director Colbert gave a staff report.
Mayor A wada opened the public hearing.
Ed Meisinger representing Frank Huml presented a written objection to the assessment for Louis Lane.
There being no further public comment, Mayor A wada closed the public hearing and turned discussion
back to the Council.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the fmal
assessment roll for Project 784R (Louis Lane - street and utility improvements) and authorize its certification to
Dakota County for collection. Aye: 3 Nay: 0
VARIANCE - DUKE REALTY CORPORATION (3025 LUNAR LANE)
City Administrator Hedges introduced this item regarding a variance for loading dock doors along the front
of a building to be constructed at 3025 Lunar Lane. Senior Planner Ridley gave a staff report.
The applicant made a presentation regarding the proposed variance.
Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing
and turned the discussion back to the Council.
Additional screening for the site was discussed and Council requested that a grading and landscaping plan
be submitted prior to issuance of a building permit.
Eagan City Council Meeting Minutes
August 7, 2001
Page 4
Mayor A wada moved, Councilmember Fields seconded a motion to approve a variance for loading dock
doors along the front of a building to be constructed at 3025 Lunar Lane, legally described as Lot 2, Block 1, Ecolab
Addition subject to the following conditions: Aye: 3 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall become
null and void unless a petition of extension has been granted by the Council. Such extension shall be
requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to
complete or utilize the use permitted in the variance.
2. The applicant shall obtain a building permit prior to beginning construction.
3. Landscaping shall be provided per the Landscape Plan dated 7/6/01.
4. Screening along the east side of the site shall be provided per the Grading Plan dated 6/28/01.
5. Extend the north wall of the building to the east and west for screening wall purposes unless the Planning
Department determines that the grading and landscaping plans depict adequate screening from Lone Oak
Road.
VARIANCE - SPECTRUM DEVELOPMENT (LOT 2, BLOCK 1, SPECTRUM BUSINESS PARK)
City Administrator Hedges introduced this item regarding a variance to the minimum ten-foot parking stall
width to allow nine-foot wide parking stalls at Spectrum Business Park located at 1000 Gentian Road. Senior
Planner Ridley gave a staff report and suggested that the issue be continued 60 days to allow time for review of the
AUAR.
The applicant briefly discussed the plans for the proposed project and agreed that the issue be continued.
Councilmember Carlson moved, Councilmember Fields seconded a motion to continue for sixty days the
consideration of a variance to the minimum ten-foot parking stall width to allow nine-foot wide parking stalls on
Lot 2, Block 1, Spectrum Business Park located at 1000 Blue Gentian Road. Aye: 3 Nay: 0
OLD BUSINESS
APPOINT MEMBERS TO THE GOLF COURSE EXPLORATORY COMMITTEE
City Administrator Hedges introduced the item regarding the appointment of members to a Golf Course
Exploratory Committee. Mayor A wada stated that 64 applications had been received. She explained that after
discussion with Council and staff, it was agreed that everyone who applied would be appointed along with
representatives of the Advisory Planning Commission, Advisory Parks and Recreation Committee, and the
Economic Development Commission. She further stated that the larger group would then be divided into
subcommittees and an executive committee would be selected.
Councilmember Carlson described the three proposed subcommittees which would be Finance, Programmatic, and
Land Use.
Mayor Awada moved, Councilmember Fields seconded a motion to appoint 64 applicants to the Golf
Course Exploratory Committee, along with representatives from the Advisory Planning Commission, Parks and
Recreation Committee, and the Economic Development Commission. Aye: 3 Nay: 0
Lauren Florine expressed her disagreement with the way the application for the Golf Course Exploratory
Committee had been written. She also questioned where the initial excitement for the golf course had originated.
Bill Henning stated he felt that newly appointed members of the Committee should accept appointment in
an unbiased way.
A brief break was taken at 8:00 p.m.
Eagan City Council Meeting Minutes
August 7, 2001
Page 5
RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF
REVENUE BONDS TO FINANCE A COMMERCIAL FACILITIES DEVELOPMENT PROJECT
(CATHOLIC FINANCE CORPORATION PROJECT)
City Administrator Hedges introduced and discussed this item regarding a public hearing on the issuance of
revenue bonds to fmance a commercial facilities development project.
Mayor Awada stated she will be abstaining from voting on this issue due to her child attending Faithful
Shepherd School. Councilmember Fields stated she is opposed to the issue. Councilmember Carlson stated she felt
the issue would be highly controversial.
Michael Schaefer, Executive Director of Catholic Finance Corporation, discussed the proposal and stated it
had not been an issue with other cities.
Councilmember Fields moved, Councilmember Carlson seconded a motion to deny a resolution calling for
a public hearing on the issuance of revenue bonds to finance a commercial facilities development project (Catholic
Finance Corporation Project). Aye: 2 Nay: 0 (Mayor Awada abstained)
CONTRACT 01-04 - CENTRAL P ARKW A Y
City Administrator Hedges introduced this item regarding Contract 01-04, Central Parkway. Public Works
Director Colbert gave a staff report.
Councilmember Carlson moved, Councilmember Fields seconded a motion to receive bids and approve the
Principles of Agreement between the City and Lockheed Martin and award Alternate #2 for Contract 01-04 (Central
Park and Parkway - Grading, Streets and Utilities) to C.S. McCrossan Construction, Inc.; and authorize the Mayor
and City Clerk to execute all related documents. Aye: 3 Nay: 0
CONTRACT 01-11, DODD ROAD - CLIFF ROAD TO BUTWIN ROAD
STREET AND UTILITY IMPROVEMENTS
City Administrator Hedges introduced this item regarding Contract 01-11, Dodd Road - Cliff Road to
Butwin Road, street and utility improvements. Public Works Director Colbert gave a staff report. He stated that
MnDOT will not issue a permit for the addition of a fourth leg to the intersection of Red Pine Lane and Trunk
Highway 3. He suggested that Council cancel the bids and authorize the revision of the plans and specifications and
the issue be brought back to the Council as appropriate after staff has pursued resolution of MnDOT's concerns.
Leslie Vermillion and Bruce Kastner, Representatives of MnDOT discussed their concerns regarding the
connection of a fourth leg to the Red Pine Lane / TH 3 signalized intersection as well as the proposal to cul-de-sac
Dodd Road. Staff indicated that a neighborhood meeting would be held with the representatives of MnDOT
present to address concerns of the residents.
Several residents were present and their concerns included traffic and safety on Dodd Road and the request
for a temporary stop sign at the intersection of Dodd Road and 1 20th Street.
Mayor A wada moved, Councilmember Fields seconded a motion to cancel the bids and authorize the
revision of the plans and specifications for Contract 01-11 and the advertisement for a bid opening to be held at
10:30 a.m. on Thursday, January 31,2002. Aye: 3 Nay: 0
Mayor A wada moved, Councilmember Carlson seconded a motion to authorize that a temporary stop sign
be installed at the intersection of Dodd Road and l20th Street (if the intersection is located in the City of Eagan) (if
not, staff to work with the City of Rosemount) and to be removed when the project is completed. Aye: 3 Nay: 0
Eagan City Council Meeting Minutes
August 7, 2001
Page 6
CONTRACT 01-13, JULY 2000 STORM MITIGATION IMPROVEMENTS
City Administrator Hedges introduced this item regarding Contract 01-13 - July 2000 storm mitigation
improvements. Public Works Director Colbert gave a staff report. He stated that staff had met with residents of the
White Oak Court neighborhood Monday, August 6 to try to resolve outstanding issues. He went on to state that at
the meeting residents did not consent to the plan improvements, but requested the City Council consider directional
drilling or jacking as the installation method for a portion of the storm sewer rather than open cutting a trench. He
stated they also requested alternative considerations for the alignment of an EOF. Director Colbert stated that staff
would best be able to provide the residents and Council with more detailed information to consider any proposed
improvements through a feasibility report.
Five residents spoke expressing their concerns regarding the loss of trees.
Discussion was held by Council regarding the issue of alternative methods for locating the storm sewer.
The Council concession was that it was not in the City's interest to set a precedent after alternatives were rejected,
due to cost, previously.
Mayor A wada moved, Councilmember Fields seconded a motion to receive the bids, award Contract 01-13
(areas 1,3,4,9 and 10) to Barbarossa and Sons, Inc. excluding the White Oak Court project and authorize the
Mayor and City Clerk to execute all related documents. Aye: 3 Nay: 0
NEW BUSINESS
CONDITIONAL USE PRMIT - VALLEY BLACKTOPPING
City Administrator Hedges introduced this item regarding a conditional use permit to allow for the outdoor
storage of items currently being stored on property located in the SE ~ of Section 24. Senior Planner Ridley gave a
staff report.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a conditional use
permit to allow for the outdoor storage of items currently being stored on property located in the SE ~ of Section
24, legally described as Lot 1, Block 1, Clarkson Place, subject to the following conditions. Aye: 3 Nay: 0
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council action.
2. The applicant shall submit a dimensional site plan that depicts the areas of storage and the items to be
stored for review at the City Council meeting.
3. Storage of items along the west side of the property shall be limited to items that are the height of the
wood screen fence or shorter.
4. The portable toilets must be at least 30 feet away from the existing fence and placed within a 10 foot
fence enclosure as shown on the site plan submitted August 7, 2001.
5. Any damaged areas of the existing fence shall be repaired or replaced.
Council took a brief break at 9:45 p.m.
CONDITIONAL USE PERMIT - ADAMS OUTDOOR
City Administrator Hedges introduced this item regarding a conditional use permit to erect a 756 square
foot off-premise sign upon Canadian Pacific Railway property located south ofTH 55 between 1-35E and Lexington
A venue. Senior Planner Ridley gave a staff report.
The applicant reviewed the proposed signage.
Roger Lurvik, owner of the property, expressed concern over the requirement that caused Adams to
remove the sign from the property and the loss of that revenue source.
Mayor A wada discussed the original development and intent of the sign ordinance.
Eagan City Council Meeting Minutes
August 7, 2001
Page 7
Bob Graiziger and John Bodger of Adams, spoke about the sign ordinance and intent of the sign ordinance
review in 1990. They disagreed with the assertions made by Council members.
Sandy Masin, former Councilmember discussed the intent of the sign ordinance and stated that the intent
was to ultimately eliminate the signs.
Bea Blomquist, former Councilmember, also stated that she recalled the intent of the sign ordinance as
being to ultimately eliminate the signs.
Councilmember Fields moved, Mayor Awada seconded a motion to deny the application and direct staff to
prepare findings of fact for denial of a conditional use permit to erect a 756 square foot (378 square feet per sign
face) off-premise sign upon Canadian Pacific Railway property located south ofTH 55 between 1-35E and
Lexington Avenue in the northwest Y-i of Section 2, subject to the following conditions: Aye: 2 Nay: 1 Carlson
opposed.
PRELIMINARY SUBDIVISION - TRANSPORT CORPORATION OF AMERICA
City Administrator Hedges introduced this item regarding a preliminary subdivision consisting of two lots
on approximately ten acres currently platted as Lots 9, 10 and part of 11, Block 1, Sibley Terminal Industrial Park
located at 1769 Yankee Doodle Road at 3290 Terminal Drive. Senior Planner Ridley gave a staff report.
John Donnelly, applicant, requested that condition number three regarding restoration of the street and
concrete curb be reconsidered. Public Works Director Colbert recommended that the condition remain as part of
the preliminary subdivision.
Council agreed that the street and concrete curb be restored or an agreement be executed for the private use
of public right-of-way.
Councilmember Carlson moved, Mayor A wada seconded a motion to approve a preliminary subdivision
consisting of two lots on approximately ten acres currently platted as Lots 9, 10 and part of 11, Block 1, Sibley
Terminal Industrial Park located at 1769 Yankee Doodle Road at 3290 Terminal Drive in the SE Y-i of Section 8,
subject to the following conditions. Aye: 3 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 3, 1993: AI, Bl, El, Fl, Gl, and HI
2. The property shall be platted.
3. The developer shall remove the traffic island and diagonal parking pavement markings, and restore the
street and concrete curb in the area of the traffic island to current City engineering standards or execute an
agreement for the use and maintenance of public right of way for private use.
PLANNED DEVELOPMENT AMENDMENT - (DDRA COMMUNITY CENTERS FIVE, L.P.)
City Administrator Hedges introduced this item regarding a planned development amendment to allow
changes to the building facade and loading area on Lot 8, Block 2 and Lot 9, Block 2, Eagan Promenade, located at
1295 Promenade Place. Senior Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a planned
development amendment to allow changes to the building facade and loading area on Lot 8, Block 2 and Lot 9,
Block 2, Eagan Promenade, located at 1295 Promenade Place in the SE Y-i of Section 10, subject to the following
conditions: Aye: 3 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against the
property .
2. The new storefront shall be constructed consistent with the existing building design and the approved
building elevation plans.
Eagan City Council Meeting Minutes
August 7, 2001
Page 8
3. The additional loading dock shall be constructed in accordance with Loading Plan 1 prior to occupancy of
that tenant space.
4. Additional landscaping shall be installed to enhance screening of the proposed loading area. A detailed
landscape plan shall be submitted to be included in the Planned Development Amendment Agreement,
subject to staff review and approval. The landscaping shall be installed in conjunction with construction of
the new loading dock. The landscaping plan must include a minimum of 20 additional evergreen trees.
5. This Amendment is intended to supplement and amend the Final Planned Development Agreement for Lot
8, Block 2, Eagan Promenade. All other terms and conditions of that Agreement shall remain in full force
and effect.
ADMINISTRATIVE AGENDA
Assistant City Administrator Verbrugge provided an update to the Council regarding a recommendation
by the Airport Planning and Environment Committee to provide full insulation to homes beyond the 65 DNL up to
a $150 M cap. The recommendation will go to the full Airports Commission for consideration August 20, 2001.
WETLAND CONSERVATION ACT - LOCAL GOVERNMENT UNIT DECISIONS
City Administrator Hedges introduced this item regarding wetland mitigation measures for Captain Dodd
Park, Central Park and the Central ParkwayINorthwood Parkway.
Councilmember Carlson moved, Councilmember Fields seconded a motion to direct sediment mitigation
(bentonite clay cover) of wetland at Captain Dodd Park.; replace wetland areas to be impacted by development of
Central Park by withdrawing wetland banking credits; and replace wetland area to be impacted by development of
Central Parkway / Northwood Parkway by creating new wetland. Aye: 3 Nay: 0
VISITORS TO BE HEARD
Sandy Masin invited the Council and residents to attend the Dakota County Fair and Dakota City. She
introduced representatives of Dakota City who gave a brief performance.
Doris Dahline, 3830 Alder Lane read a letter to the City Council that raised a number of issues about the
proposed Cedar Grove Redevelopment. Mayor A wada and staff addressed many of the concerns raised by Ms.
Dahline. The issue will be further discussed at the August 14, 2001 Special City Council meeting.
ADJOURNMENT
The meeting adjourned at 11 :30 p.m. into an Economic Development Authority meeting and then to an
Executive Session to consider an employee matter.
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.