05/01/2001 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
May 1, 2001
A regular meeting of the Eagan City Council was held on Tuesday, May 1,2001 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, 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.
AGENDA
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
CONSENT AGENDA
Item S Gopher Resources - New Well Installation was pulled from the Consent Agenda for discussion.
Item K Final Subdivision and Final Planned Development - Woodstone Townhomes was pulled from the
Consent Agenda and rescheduled for May 15, 2001.
A. Minutes. It was recommended to approve the minutes of the April 17, 2001 Regular City Council meeting;
the April 17, 2001 Listening Session; and the April 3, 2001 Listening Session as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Erin Lunders as a GIS Technician in the Public
Works Division.
2. It was recommended to approve the hiring of Nathan Dunn, Jennifer Kilby, Rebecca Gordon,
Mami Rutman, Laura Hogenson, Katherine Brandt, Alexis Lund and Caren Honigsfeld as part-
time seasonal lifeguards for Cascade Bay.
3. It was recommended to approve the hiring ofKali Bavender as a part-time seasonal concessions
worker for Cascade Bay.
4. It was recommended to approve the hiring of Brent Reykdal as a part-time seasonal quest services
worker for Cascade Bay.
5. It was recommended to approve the hiring of Richard Ruhnde as a seasonal Horticultural
Technician.
6. It was recommended to approve the hiring ofShaun Malady as a seasonal Forestry Technician.
7. It was recommended to approve the hiring of Mike Sowers a seasonal Tree Inspector.
8. It was recommended to approve the hiring of Kathleen Weinzettel as a seasonal recreation leader.
9. It was recommended to approve the hiring of Dale Bishop as a seasonal park laborer.
10. It was recommended to approve the hiring of Aaron Wheeler, Alounsak Sivongsay and Lindsay
Stemig as seasonal Park Attendants.
11. It was recommended to approve the hiring of Kevin Weber as a seasonal Ballfield Attendant.
12. It was recommended to approve the hiring of Dave Streefland, Ryan Smolarck, Maria Struve,
Robert Koenke and Lynn Streefland as seasonal park maintenance workers.
13. It was recommended to approve the hiring of Melissa Buntjer, Kellee Kattleman and Christie
Mason as part-time seasonal concessions workers.
14. It was recommended to accept the letter of resignation from Police Officer Eric Huber.
15. It was recommended to accept the letter of resignation of David Koski, utility maintenance
worker.
C. Proclamation for Pause for Pledge of Allegiance. It was recommended to approve a Proclamation for
Pause for the Pledge of Allegiance on Flag Day, June 14,2001. 01- 3 3- A
D. Proclamation Naming May 3.2001 Space Day. It was recommended to approve a Proclamation naming
May 3, 2001 Space Day. 01- 33- B
E. City Auction. It was recommended to approve the date of May 19,2001 for the City Auction.
F. Easement Agreement - Gopher Resource Corporation. It was recommended to authorize signatures for the
renewable lease agreement between the City of Eagan and Gopher Resource Corporation.
G. Civil Penalties for Liquor License Violations. It was recommended to direct staff to prepare an ordinance
for administering civil penalties for liquor license violations.
Eagan City Council Meeting Minutes
May 1,2001
Page 2
H. Hearing Officer. It was recommended to authorize the City Administrator to appoint a hearing officer to
conduct a liquor license violation hearing mandated by State law and the City Code for Casper's Cherokee
Sirloin Room, and to set a date for the hearing subject to availability of the hearing officer.
I. Minnesota State Arts Board Grant. It was recommended to approve the Minnesota State Arts Board Grant
in the amount of $4,000.
1. Final Subdivision - Oakbrooke 5th Addition). It was recommended to approve a Final Subdivision creating
83 single family detached dwelling units upon property currently platted as Outlot B, D, E and F,
Oakbrooke 2nd Addition and located north of Diffley Road and east ofI-35 E in the SW 1/4 of Section 21.
K. Final Subdivision and Final Planned Development - Woodstone Townhomes. Pulled
L. Contract 01-02. It was recommended to receive the bids for Contract 01-02 (Eagandale Center Industrial
Park - Street Overlay), award the contract to McNamara Contracting for the base bid in the amount of
$806,699, and authorize the Mayor and Deputy Clerk to execute all related documents.
M. Proiect 761 - Duckwood Drive Final Assessment Roll. It was recommended to receive the Final
Assessment Roll for Project 761 (Duckwood Drive - Street Overlay) and schedule a public hearing to be
held on June 5,2001.
N. Proiect 771- Lexington Avenue Traffic Signal Agreement. It was recommended to approve a Traffic
Control Signal Agreement for Project 771 (Lexington A venue, Town Centre Drive to Clubview Drive -
Street, Utility and Trail Improvements) with the Dakota County Highway Department and authorize the
Mayor and Deputy City Clerk to execute all related documents.
O. Contract 00-09D, North Water Treatment Plant. It was recommended to authorize the 2nd and final payment
for Contract 00-09D (Reroofing - North Water Treatment Plant) to Walker Roofing, Inc. in the amount of
$11,726 and accept for perpetual maintenance subject to warranty provisions.
P. Proiect 790R, Central Parkway No Parking. It was recommended to approve a resolution to prohibit
parking on Central Parkway between Yankee Doodle Road (County Road 28) and Pilot Knob Road
(County Road 31) and authorize the Mayor and Deputy City Clerk to execute all related documents.
Q. Municipal State Aid Route Revisions/Designations. It was recommended to approve resolutions requesting
the Commissioner of Transportation 's approval of the deletion of Yankee Doodle Road (Trunk Highway
13 to Inver Grove Heights border) and Lexington Avenue (Cliff Road to Trunk Highway 55) from the
Municipal State Aid (MSA) system and the addition ofMSA street designation for a variety oflocal
collector streets.
R. Proiect 768, Northwood Parkwav Right of Way. It was recommended to approve the Right of Way
acquisition agreement with Wenzel Financial, inc., and authorize the mayor and Deputy Clerk to execute
all related documents.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the balance of the
consent agenda. Aye: 5 Nay: 0
S. Gopher Resources - New Well Installation. An amended staff memorandum was distributed and a brief
discussion was held.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the installation of a 10"
well at 3385 Highway 149 (Gopher Resources) with related conditions. Aye: 5 Nay: 0
PUBLIC HEARINGS
ASSESSMENT ROLL OF DELINQUENT FALSE ALARM BILLINGS
01-34
01-35
01-36
City Administrator Hedges introduced this item regarding the certification of six delinquent false alarms 0 1- 3 6 - A
billings totaling $727.50.
Mayor A wada opened the public hearing. There being no public comment, she turned discussion back to
the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve certification of
delinquent false alarm billings to Dakota County for collection with property taxes. Aye: 5 Nay: 0
ASSESSMENT ROLL OF DELINQUENT UTILITY BILLINGS
Eagan City Council Meeting Minutes
May 1,2001
Page 3
City Administrator Hedges introduced this item regarding certification of approximately 278 delinquent
utility bill accounts totaling $50,897.01.
Mayor Awada 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 Carlson seconded a motion to approve certification of 01- 3 6 - B
delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0
ASSESSMENT ROLL OF DELINQUENT WEED CUTTING BILLS
City Administrator Hedges introduced this item regarding certification of delinquent weed cutting billings
that total $465.70.
Mayor Awada 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 Tilley seconded a motion to approve certification of
delinquent weed cutting billings to Dakota County for collection with property taxes. Aye: 5 Nay: 0
PROJECT 764R, SELMARKIHARVEYIBURRVIEW ACRES ADDITIONS (STREET IMPROVEMENTS)
City Administrator Hedges introduced this item regarding Project 764R (Selmark Addition, Harvey
Addition, Burrview Acres - Street Improvements).
Public Works Director Colbert introduced Mark Hanson of Bonestroo Rosene Anderlik and Associates
who provided an overview of the feasibility study for the project.
Councilmember Carlson stated she had received calls from concerned residents in the area regarding
construction traffic. She suggested Project 764R be delayed for one year to allow time for construction in the area
to be completed. Public Works Director Colbert suggested the project be denied rather than delayed and then return
in the Fall of 2002 for reconsideration of construction in 2003. Mayor A wada agreed.
The residents present at the meeting concurred with the recommendation to deny the project. Mayor
A wada closed the public hearing.
Councilmember Carlson was temporarily called away from the meeting.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to deny Project 764R (Selmark
Addition, Harvey Addition, Burrview Acres - Street Improvements) and directed staff to bring the project back
before Council in the Fall of 2002. Aye: 4 Nay: 0
PROJECT 806, KENNRICK ADDITION, POND HDP-l (TRUNK STORM SEWER OUTLET)
City Administrator Hedges introduced this item regarding Project 806, (Kennerick Addition, Pond HDP-l-
Trunk Storm Sewer Outlet). Public Works Director Colbert introduced Mark Hanson of Boonstroo Rosene
Anderlik and Associates who provided an overview of the feasibility report.
Several residents spoke expressing their opposition to the project. Their concerns included alternatives
which have been reviewed by the consultant, cost estimates for landscaping, wetland restoration, assessments to
neighboring property owners, alignment of the storm sewer, removal of trees, change to the existing holding pond,
decrease in property values, and easements. A petition for an alternative feasibility study was submitted.
There being no further public comment, Mayor A wada closed the public hearing and turned discussion
back to the Council.
Eagan City Council Meeting Minutes
May 1,2001
Page 4
Mr. Hanson gave an overview of alternative plans that had been discussed at the neighborhood meeting.
He stated that the alternate plans do not comply with Eagan's storm water plan and more costs would be incurred
than with the proposed plan.
Mr. Swenson, developer of the proposed Kennerick Addition, discussed drainage from Lone Oak Road
which is contributing to the destruction of the wetland.
Councilmember Tilley asked what the timeframe would be for the consultants to review alternative plans.
Mr. Hanson stated he could have the review completed in a couple of weeks.
Mayor Awada stated she is in favor of further review of alternatives for this project.
Mayor A wada moved, Councilmember Tilley seconded a motion to continue Project 806 (Kennerick
Addition, Pond HDP-l- Trunk Storm Sewer Outlet) until the May 15, 2001City Council meeting. Aye: 5 Nay: 0
VACATION - PUBLIC DRAINAGE AND UTILITY EASEMENT
(LOT 3, BLOCK 1, UNISYS PARK ADDITION (NORTHWEST AIRLINES)
City Administrator Hedges introduced this item regarding continuing indefmitely the vacation of public
drainage and utility easements within Unisys Park Addition. Public Works Director Colbert gave a staff report,
stating that the vacation is premature due to the lack of the replacement easements, and the required relocation of
existing utilities. The building permit process proposed to fulfill these requirements has not yet been applied for.
Mayor A wada opened the public hearing. There being no public comment, Mayor A wada closed the
public hearing and turned the discussion back to the Council.
Mayor A wada moved, CounciImember Carlson seconded a motion to continue indefinitely the vacation of
public drainage and utility easements within Unisys Park Addition and authorize the Mayor and Deputy City Clerk
to execute all related documents; and to direct staff to secure a fireworks easement in addition to a replacement
easement. Aye: 5 Nay: 0
VARIANCE - DUKE WEEKS
City Administrator Hedges introduced this item regarding a variance to the required 25% green space area
and a Variance to the required 5 foot pavement setback to allow a shared driveway for Lots 2, 3, and 4, Block 1,
Eagan Point, located on the west side of Highway 149 across from Rolling Hills Drive. Senior Planner Ridley gave
a staff report.
Mayor Awada opened the public hearing. There being no public comment, Mayor Awada closed the
public hearing and turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Variance to the
minimum five-foot side yard pavement setback to allow a shared driveway for Lots 3 and 4, Block 1, Eagan Pointe
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. A cross easement for ingress and egress shall be provided for the shared driveway. the easement
documents shall be submitted to the City Attorney for review and approval prior to building permit
issuance.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to the
minimum 25% green space on Lots 3 and 4, Block 1, Eagan Point subject to the following condition:
Aye: 5 Nay: 0
'Eagan City Council Meeting Minutes
May 1,2001
Page 5
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 developer shall record a document against Lot 2 stipulations that a minimum green space of
31 % shall be provided on Lot 2.
NEW BUSINESS
APPOINTMENT TO WASTE MANAGEMENT COMMISSION
City Administrator Hedges introduced this item regarding an appointment of a waste hauler representative
to fulfill the remainder of a three-year term on the Waste Reduction Commission.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Ron Moening of
Waste Management, Inc. to fulfill the remainder ofa tree-year Waste Reduction Commission term ending January
2002. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT - KATHLEEN COOLEY
City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a total of
1,624 square feet of accessory storage space on property located at 4395 Diffley Road. Mike Ridley gave a staff
report.
Ms. Cooley requested that the Council consider the proposed structure be moved west 100 feet from the
location originally requested due to requests of her neighbors. Councilmembers agreed to the proposed location
and requested that Ms. Cooley submit a revised site plan to Planning staff.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow a total of 1,624 square feet of accessory storage space on property located at 4395 Diffley Road in
the NW V4 of Section 25 subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the
City Council.
2. The accessory building shall match the principal building in color.
3. The existing shed shall be removed from the property.
4. No commercial or home occupation activities shall take place within the accessory building.
5. There shall be no outside storage of recreational vehicles, yard or recreational equipment and other such
items on the property.
6. The applicant shall submit a landscape plan for screening along the north side of the building. The
landscape plan will be subject to City staff review and approval, and must be completed prior to release
of the Conditional Use Permit for recording. The proposed five-foot side yard setback may need to be
increased to provide sufficient space for effective landscape screening.
COMPREHENSIVE GUIDE PLAN AMENDMENT
Senior Planner Ridley provided an overview of the proposed Comprehensive Guide Plan Amendment.
Councilmember Carlson stated she felt the area should be studied prior to a Comprehensive Guide Plan
Amendment being made.
Three area property owners spoke expressing their desire to have the property remain as it is currently
zoned.
'Eagan City Council Meeting Minutes
May 1,2001
Page 6
Mayor A wada moved, Councilmember Bakken seconded a motion to deny a Comprehensive Guide Plan
Amendment to designate an area in SE Eagan as Special Area. Aye: 5 Nay: 0
Mayor A wada moved, Councilmember Tilley seconded a motion to direct staff to study the existing uses of
the property that is subject to the moratorium. Aye: 5 Nay: 0
CODE AMENDMENT - ADAMS OUTDOOR ADVERTISING
Assistant City Administrator Verbrugge introduced this item regarding a requested amendment to Table A
of the Sign Code to allow an additional billboard upon Canadian Pacific Railway property located south ofTH 55
and east of35E. Senior Planner Ridley gave a staff report.
No action was taken.
ADJOURNMENT
The meeting adjourned at 9:20 p.m. into an Economic Development Authority meeting and then an
Executive Session to consider pending litigation.
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535).
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orientation, marital status or status with regard to public assistance.