12/18/2001 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
December 18, 2001
A regular meeting of the Eagan City Council was held on Tuesday, December 18,2001 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Fields and Tilley. Also
present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert,
and City Attorney Mike Dougherty. Mayor Awada noted that Councilmember Carlson would be arriving later in
the meeting.
AGENDA
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye: 4 Nay: 0
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the December 11, 2001 regular City Council meeting
as presented.
B. Personnel Items.
1. It was recommended to approve the following:
a) For regular non-collective bargaining employees, a compensation rate increase of 3.5% across the
board effective January 1,2002.
b) With the exception of election judge rates and seasonal and temporary Parks and Recreation
employees, compensation rates for temporary, non-collective bargaining employees also will be
increased by up to 3.5%.
c) Car expense allowances for the City Administrator and Department Heads will be increased by
3.5%.
d) Mileage will be set at the IRS amount (the 2001 amount is 36.5). If the IRS increases or decreases
this amount, the City's amount will automatically adjust to the new IRS rate.
e) The City's contribution for family health insurance premiums will increase by $41.56 per month
2. It was recommended to approve the hiring of Colleen Callahan as Youth Development Coordinator.
3. It was recommended to approve the hiring of Mike Lence as Senior Building Inspector.
4. It was recommended to approve the hiring of Mark Adrain, Rebecca Bates, Chris Bates, Lucas Behnke,
Sara Bergherr, Dan Bjerke, Andy Bjorge, Wayne Bruestle, Nick Callahan, Anthony David, Laruen
Deiman, Alex Doneshefsky, Corry Freeman, Kyle Fritze, Michael Grieger, Paul Hirte, Kevin Hannon,
Brad Harberts, Derek Harmon, John Hayden, Mike Kabakov, Ben Kelley, Diane Kiline, Ben Koenke,
Melissa Kuckler, Alexander Lano, Doug Lindow, Sara Linnenkamp, Peter Loosbrock, Mike Mason,
Lynn Matty, Kyle Manikowski, Ryan Moy, David Nelson, Jonathan Phillips, Lindsay Pickerll, Chris
Pittelkow, Dan Robillard, Jenny Rummel, Maya Schwartz, Erin Severson, Linsay Severson, Jon
Steining, Brennan Squires, Jeanne Stafford, Mara Taney, Ross Tervola, Peter Vanderlinden, Christina
Walerak, Nick Williams, Inel Woo, Alice Wood and Brandon Zingle as part-time seasonal winter
recreation leaders.
5. It was recommended to approve the hiring of Richard Berg as a part-time seasonal winter recreation
program assistant.
C. License Renewals. It was recommended to approve 2002 Trash Hauler License renewals; 2002 Tree Contractor
License renewals; and 2002 Tobacco License Renewals.
D. Letendre Addition No.3. It was recommended to approve a Corrective Plat (Letendre Addition No.3) and grant 01-83
an extension for recording until May 15,2002; located near Letendre Street and Highway 13, in the west Yz of
Section 9.
E. Comprehensive Guide Plan Amendment, Rezoning and Preliminary Subdivision. It was recommended to
approve and implement a Comprehensive Guide Plan Amendment changing the land use from RC (Retail
Commercial) to MD (Medium Density Residential) upon 17.1 acres of land located west of Nicols Road and
north of Erin Drive in the SW V. of Section 30; to approve and implement a Rezoning/Preliminary Planned
Development for the construction of 138 townhome units on 17.1 acres located west of Nicols Road and north
of Erin Drive in the SW V. of Section 30, subject to the conditions in the APC minutes; and to approve a
Preliminary Subdivision (Cedar Villas) to create two lots on 17.1 acres located west of Nicols Road and north
of Erin Drive in the SW V. of Section 30, subject to the conditions listed in the November 8, 2001 City Council
minutes.
Eagan City Council Meeting Minutes
December 18, 2001
Page 2
F. 2002 General Fund Budget. It was recommended to approve the proposed 2002 General Fund budget.
G. 2002 Property Tax Levy. It was recommended to approve the proposed payable 2002 property tax levy. 01-84
H. 2002 Enterprise Fund Budgets. It was recommended to approve the proposed 2002 Enterprise Fund Budgets,
including water, sanitary sewer, streetlighting, storm drainage, water quality, Civic Arena and Aquatic Facility.
I. 2002 Special Revenue Funds Budgets. It was recommended to approve the 2002 budgets for the following
Special Revenue Funds: Housing Fund, Police Forfeiture Fund, Recycling Fund, Economic Recovery Grant
Fund, Cedarvale Special Services District Fund, Cable TV Franchise Fees Fund; and it was recommended to
approve the 2002 budget for the Burnsville / Eagan Telecommunications Commission and Burnsville / Eagan
Community Television.
J. Council Liaison. It was recommended to designate Councilmember Carlson to be the Council's Liaison to
Dakota County and the resident neighborhood for the programmed improvement of Lone Oak Road from
Highway 13 to Pilot Knob Road.
K. Proiect 862. It was recommended to receive the draft feasibility report for Project 862 (Dodd Road, Camberwell
Drive to Wescott Road - Street, Utility and Trail Improvements) and schedule a public hearing to be held on
January 22, 2002.
L. Contract 01-06. It was recommended to approve Change Order No.1 to Contract 01-06 (Blue Gentian Road-
Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents.
M. 2002 Consulting Engineering Rates. It was recommended to approve an amendment to the Fee Schedule for the
General Consulting Engineering Services Contracts submitted by the designated consulting engineering
companies for services to be provided in 2002.
N. Contract 02-06. It was recommended to approve the plans and specifications for Contract 02-06 (Well House
#20 - Building Construction and Water Main Improvements) and authorize the advertisement for a bid opening
to be held at 2:00 p.rn. on Thursday, January 31, 2002.
O. Contract 01-15. It was recommended to approve Amendment No. 2 to Award of Contract 01-15 (July 2002
Storm Mitigation Improvements - Misc. Areas #6, 7, & 8) and Change Order No.1 and authorize the Mayor
and City Clerk to execute all related documents.
P. Contract Awards - Communitv Center. It was recommended to approve the proposed contract awards for the
Community Center, 1501 Central Parkway as listed in a Contract Award Summary from Stahl Construction
Company dated December 18,2001.
Q. Subordination Agreement for Eagan Business Commons, II, LLC. It was recommended to approve the
subordination agreement for Eagan Business Commons, II, LLC.
R. Ordinance Regarding Development Fees. It was recommended to direct the City Attorney to prepare an
ordinance amendment regarding development fees.
S. Massage Therapv Establishment Business Licenses. It was recommended to approve a new Massage Therapy
Establishment Business License for Midwest Facial Plastic Surgery & Aesthetic Skincare, 3440 O'Leary Lane;
and Cole's Salon, 3450 Pilot Knob Road.
T. Cable Access Facility Lease. It was recommended to approve the Burnsville/Eagan Community Television
facility lease and AT&T Broadband sublease.
U. Eagandale Office Park 5th Addition. It was recommended to approve a three-month extension for recording the
final subdivision for Eagandale Office Park 5th Addition.
V. Snow Grooming Contract with Dakota County. It was recommended to approve a renewal of a snow grooming
contract with Dakota County for City cross-country trails and the Trapp Farm tubing hill through May 1,2002,
authorizing the Mayor to sign the contract renewal.
W. On-Sale Beer License. It was recommended to approve an On-Sale Beer License for Parkview Golf Associates,
LLC.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as
presented. Aye: 4 Nay: 0
PUBLIC HEARINGS
VARIANCES - RJR ENTERPRISES, INC.
City Administrator Hedges introduced this item regarding a request by RJR Enterprises for a 16.25 foot
setback Variance from a state highway, a 15 foot setback Variance to a public right of way, a Variance to locate the
loading docks facing a public right-of-way (in a front yard), and a Variance to landscape standards for a loading
area. Senior Planner Ridley gave a staff report.
Eagan City Council Meeting Minutes
December 18, 2001
Page 3
Mayor A wada opened the public hearing. The applicant made a brief presentation regarding the proposed
16,623 square foot multi-tenant office and warehouse building. Neil Hayden, 3130 Nichols Road asked ifthere
would be a berm adjacent to Nicols Road. Senior Planner Ridley discussed the plans for a berm along Nicols Road.
Mr. Hayden was also concerned over the appearance of the proposed building. Senior Planner Ridley explained that
the building will have the appearance of individual office spaces. Robert Koffman, designer for the building,
further addressed the concerns of Mr. Hayden. He explained there are no plans for expansion of the building.
A property owner who lives across the street from the proposed building asked the Council if they would
want a building such as the proposed one across from their homes. Mayor A wada explained that the property is
zoned for the proposed use. She also stated that she felt the use is a good one, considering what other uses could be
placed on the property as it is currently zoned. The resident stated he would like to see the property remain as it is
currently.
There being no further public comment, Mayor A wada closed the public hearing and turned discussion
back to the Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a 16.25 foot setback
Variance to the required 50 foot building setback from a state highway subject to the following conditions.
Aye: 5 Nay:
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 for 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 landscape plan shall be revised to show deciduous overstory trees located within the five-foot
setback along the west side of the property.
3. Tree mitigation is required in the amount of four Category B trees (or an equivalent of category A and
category C trees). The mitigation trees shall be identified on the landscape plan.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a 15 foot setback
Variance to the required 20 foot parking and pavement setback from a public right-of-way subject to the following
conditions. Aye: 5 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 for 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 landscape plan shall be revised to show deciduous overstory trees located within the five-foot
setback along the west side of the property.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to locate
the loading docks facing a public right-of-way (in a front yard) subject to the following conditions. Aye: 5 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 for 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. On-site screening shall be provided in the event that the adjacent berm is removed. Screening may be
provided in the form of landscaping, berming or a fence.
Counci1member Fields moved, Councilmember Tilley seconded a motion approve a Variance to the
landscape standards for the loading area which require a 40 foot landscaped yard along public rights-of-way subject
to the following conditions. Aye: 5 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 for extension has been granted by the council. Such extension shall be
Eagan City Council Meeting Minutes
December 18,2001
Page 4
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. On-site screening shall be provided in the event that the adjacent berm is removed. Screening may be
provided in the form of landscaping or a fence.
PROJECT 852, POST / RUSTIC HILLS / OSTER ADDITIONS
STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding street improvements for Post / Rustic Hills and
Oster Additions. David Hutton, WSB gave a staff report.
(Councilrnernber Carlson arrived at 7: 15 p.rn.)
Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing
and turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 852 (Post /
Rustice Hills / Oster Additions - Street Improvements) and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
PROJECT 796, CEDAR CLIFF / MARl ACRES ADDITIONS
STREET OVERLAY AND DRAINAGE IMPROVEMENTS
City Administrator Hedges introduced this item regarding street overlay and drainage improvements for
Cedar Cliff and Mari Acres Additions. David Hutton, WSB, gave a staff report.
Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing
and turned discussion back to the Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve Project 796 (Cedar
Cliff / Mari Acres Additions - Street Overlay and Drainage Improvements) and authorize the preparation of detailed
plans and specifications. Aye: 5 Nay: 0
PROJECT 843, BEECHER DRIVE STORM MITIGATION IMPROVEMENTS
City Administrator Hedges introduced this item regarding storm mitigation improvements for Beecher
Drive which was continued from the November 8, 2001 City Council meeting. Rick Brasch, Bonestroo Rosene
Anderlik and Associates gave a staff report.
Councilmember Bakken discussed the decision of MnDOT to refuse to participate or give the City
permission to construct the emergency over flow (EOF) for the intersection of Blackhawk Road and Beecher Drive.
Mayor A wada suggested the item be continued once again to allow time for further discussion with MnDOT.
Mr. Judge expressed his appreciation for the City's efforts in not only his project area, but in its overall
response to the July 2000 storm event.
Mayor Awada moved, Councilmember Bakken seconded a motion to continue Project 843 (Beecher Drive
- Storm Mitigation Improvements) until a time City staff has further discussed the possibility of an EOF with
MnDOT. Aye: 5 Nay: 0
The maintenance, dredging and restoration of the pond outlet was discussed.
Mayor A wada moved, Councilmember Tilley seconded a motion to authorize proceeding with the pond
outlet maintenance portion ofImprovement Project 843 under an existing contract. Aye:5 Nay: 0
Eagan City Council Meeting Minutes
December 18, 2001
Page 5
PROJECT 861, 2002 CITY-WIDE TRAIL IMPROVEMENTS
City Administrator Hedges introduced this item regarding city wide trail improvements. City Engineer
Matthys gave a staff report.
Mayor A wada opened the public hearing.
The President of Thomas Lake Homeowners Association stated the association had not been notified of the
proposed trail improvements along Thomas Lake Road. He expressed concern over an adjacent retaining wall and
landscaping that might be affected by the proposed trail improvements and stated the Homeowners Association is
not in favor of the proposed improvements.
Councilmember Carlson questioned the need for the proposed trail improvements now that ISD 196 will be
busing children on the west side of Thomas Lake Road to school. Councilmember Bakken agreed that the project
should be reconsidered.
Steve Buck, 1555 Mallard Drive, expressed his opposition to the improvements. He stated he felt that a
trailway is not needed.
Mike Schonover, 4205 Thomas Lake Road, stated he did not see a need for the proposed sidewalk.
There being no further public comment, Mayor A wada closed the public hearing and turned discussion
back to the Council.
Mayor Awada moved, Councilmember Bakken seconded a motion to approve Project 861 (2002 City-side
Trail Improvements) minus the Thomas Lake Road section and authorize plans and specifications.. Aye: 5 Nay: 0
OLD BUSINESS
CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATION
REGARDING NOISE ATTORNEY
City Administrator Hedges introduced this item regarding the retention of the firm of Shute, Mihaly &
Wienberger for airport related issues.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Airports
Relations Commission recommendation to retain the firm of Shute, Mihaly & Weinberger for airport related issues.
Aye: 5 Nay: 0
CONSIDER SE STUDY AREA INTERIM ORDINANCE
City Administrator Hedges introduced this item regarding extension of an Interim Ordinance affecting the
SE Eagan Study Area. Senior Planner Ridley gave a brief staff report and displayed a map showing the affected
area.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve extending the
Interim Ordinance affecting the SE Eagan Study Area Moratorium, except the area east of Biscayne, through
February 22, 2002. Aye: 5 Nay: 0
Two property owners in the affected area expressed their opposition to the extension of the moratorium.
Mark Piper stated he felt the adjacent property owners are anxious to see plans move forward for the
subject property.
Jim Oberg explained a conceptual plan on the east side of Hwy. 3.
Eagan City Council Meeting Minutes
December 18,2001
Page 6
Councilmember Carlson explained the need to extend the moratorium to allow the Advisory Planning
Commission the opportunity to hold a public hearing to consider the appropriate land use designations for the study
area.
NEW BUSINESS
PRELIMINARY SUBDIVISION (SUNSET THIRTEENTH ADDITION- MILLERVILLE, INC.)
City Administrator Hedges introduced this item regarding a preliminary subdivision to create four single
family lots on 2.18 acres located at 785 Golden Meadow Road and a request for a variance to allow relocation of an
existing garage. Senior Planner Ridley gave a staff report.
Mayor A wada suggested attaching the house and the garage by using a breezeway which would prevent
the need for a variance. She stated that she does not see a hardship for a variance.
A resident questioned the cash water quality dedication requirement. She wanted to know if a water
purification system would be put in place. Senior Planner Ridley explained a cash water dedication would be
required.
Mayor A wada moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to
create four single-family lots on 2.18 acres located at 785 Golden Meadow Road in the southwest NW 1.t of Section
25, legally described as Lot 7, Block 1, Sunset Third Addition subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council
on February 3, 1993: AI, Bl, B4, C1, Dl, El
2. The property shall be platted.
3. This development is subject to a cash water quality dedication equal to the cost of the land and pond
volume needed to reduce phosphorus export to undeveloped conditions.
4. The existing house on Lot 4 shall connect to the City sanitary sewer system within 90 days from
fmal subdivision approval..
5. The septic system on Lot 4 shall be abandoned in accordance with City and County standards.
6. The new driveway serving Lot 4 shall be constructed with a concrete or bituminous surface.
7. A revised Tree Preservation Plan shall be submitted which correctly indicates the placement of tree
protection fencing around the trees to be preserved.
8. This development shall be subject to a cash park and trail dedication for three new lots. The
dedication must be paid prior to release of the fmal plat for recording at the rates then in effect. The
2001 park and trail dedication rates are $1,499.00 and $168.00 per lot, respectively.
Mayor A wada moved, Councilmember Tilley seconded a motion to deny a Variance to allow relocation of
the existing garage into the front yard of the existing house on proposed Lot 4, Block 1. Aye: 5 Nay: 0
SCHOLARSHIP PROGRAM AND CONCEPT RELATED TO 2002 PERMIT FEES
FOR ATHLETIC SITE NON-RESIDENT USERS
City Administrator Hedges introduced this item regarding the possibility of implementation of a
scholarship program fund from revenue generated by a portion of non-resident permit fees for athletic sites.
Councilmember Carlson questioned if revenue would be lost due to the rental costs being too expensive.
Jeff Asfahl, Superintendent of Recreation, discussed the proposed increase in rental fees and stated he felt the
increase would not impact the demand for use of the athletic sites.
Mayor A wada moved, Councilmember Fields seconded a motion to approve the Advisory Parks and
Recreation Commission recommendation to implement a scholarship program fund from revenue generated by a
portion of non-resident permit fees for athletic sites. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
December 18,2001
Page 7
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed an award that was given to the Eagan Foundation recognizing the
Foundation for its unique large tree planting project that preserved a 150-year old Bur Oak tree. He noted that Kay
Gustafson has been named Eagan Convention & Visitor's Bureau Person of the Year. City Administrator Hedges
also discussed the expertise and support that Dave Rugg has continuously demonstrated to the City.
Mayor Awada and Councilmembers agreed to recognize Ms. Gustafson and Mr. Rugg at the January 8,
2002 City Council meeting.
ADJOURNMENT
The meeting adjourned at 8:55 p.m. into an Executive Session to review labor contract proposals for
sworn Police Officers and Police sergeants.
I\ ' r/
',I~, t.tlv,-lU)cl ,) , ,:)C'f!J I
. , Date '
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) 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.