07/05/2001 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
July 5, 2001
A regular meeting of the Eagan City Council was held on Tuesday, July 5, 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
Mayor A wada noted the following changes to the agenda:
~ Under Recognitions and Presentations, Margo Danner of the Lioness Club will be making a presentation
regarding the July 4th festivities.
~ Items H & J of the Consent Agenda will be continued to a future date.
~ Item 1 of the Director of Public Works Administrative Agenda will be moved to Item N of the Consent
Agenda
~ An additional item regarding the split of the Operations and Partnerships Committee will be added under
the Administrative Agenda
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Margo Danner of the Eagan Lioness Club discussed the Fourth of July celebration and thanked the
Council, staff and Eagan citizens for their efforts during the planning stages and execution of the festivities.
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the June 19,2001 regular Council meeting and the
June 19,2001 City Council Listening Session.
B. Personnel Items.
I. It was recommended to approve the hiring of Amy Nelson and Jill Mintz as part-time seasonal ice skating
instructors at the Civic Arena.
2. It was recommended to approve the hiring of Mark Marchio as a seasonal forestry technician.
3. It was recommended to approve the hiring of Katie Nelson, Nicholas Johnson, William Denet, Nicholas
Gonzalez and Adekunle Samuel as part-time seasonal recreation assistants.
4. It was recommended to approve the hiring of Robert Sadek as a part-time seasonal camp director.
5. It was recommended to approve the hiring of Eric Hansen as a seasonal street maintenance worker.
6. It was recommended to approve the hiring of Bret Hemmerlen and Ramon Brook as part-time seasonal
puppet wagon workers.
7. It was recommended to approve the hiring of Lindsay Dahl as a seasonal utility intern.
8. It was recommended to approve the hiring of Erik Maland as a part-time seasonal lifeguard at Cascade Bay.
9. It was recommended to approve the hiring of Brent Tervola as a part-time seasonal operations and
maintenance worker at Cascade Bay.
10. It was recommended to approve the hiring of Thorn Rehwaldt as a part-time seasonal concessions worker at
Cascade Bay.
II. It was recommended to approve the hiring of Benjamin Huonder as a part-time seasonal guest services
worker at Cascade Bay.
12. It was recommended to approve the appointment of Craig Novaczyk as a senior building inspector.
13. It was recommended to approve the placement of the regular Information Technology employees on the
same compensation step schedule as all other non-collective bargaining employees.
14. It was recommended to accept the resignation of Combination Building Inspector Greive.
C. New Licenses and License Renewals. It was recommended to approve a new Tobacco License for Sam's Club;
a Massage Establishment License Renewal for Lifetime Fitness and Neuromuscular Connection; and Service
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July 5, 2001
Page 2
Station License Renewal for a Mobil station at 4206 Nicols Road and a Mobil station at 2000 Rahnc1iffRoad;
and to approve an Exempt Permit for the Eagan Foundation for a raffle to be held at 2526 Horizon Drive,
Burnsville, MN and waive the waiting period.
D. On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Faithful
Shepherd Catholic School and waive fees.
E. Purchase Agreement. It was recommended to approve the purchase agreement for purchase of Lot 6, Block 1,
Langhoven Addition.
F. Final Subdivision - Ecolab. Inc. It was recommended to approve a Final Subdivision (Ecolab Addition) to
create two lots on approximately 19.7 acres ofland currently described as Lot I, Block 3, Eagandale Center
Industrial Park No.3 and is located south of Lone Oak Road and west of Lunar Lane in the north Y, of Section
11.
G. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial of
the Preliminary Subdivision (Verdant Hills Third Addition) located south of Woodland Court and east of
W escott Woodlands in the NE Y.. of Section 14.
H. Contract 01-04. It was recommended to receive the bids for Contract 01-04 (Central Parkway / Central Park
Site - Street, Utilities and Grading Improvements), award the contract to c.s. McCrossan, Inc. for the bid (bid
Total No.2) in the amount of $2,136,473 and authorize the Mayor and Deputy Clerk to execute all related
documents. Continued.
I. Contract 01-14. It was recommended to approve the plans for Contract 01-14 (July 2000 Storm Mitigation
Improvements - Areas #1, 4,5 & 10) and authorize the advertisement for a bid opening to be held at 10:30 a.m.
on Thursday, August 2, 2001.
i. Contract 01-12. It was recommended to receive the bids for contract 01-12 (July 2000 Storm Mitigation
Improvements - Areas 2 & 4), award the contract as referenced in the Additional Information Agenda report,
and authorize the mayor and Deputy Clerk to execute all related documents. Continued.
K. Contract 00-07. It was recommended to approve Change Order No.5 to Contract 00-07 (TH 13/Blackhawk
Road - Divided Four-lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related
documents.
L. Contract 00-05. It was recommended to approve Change Order No. I to Contract 00-05 (Citywide Trail /
Sidewalk Improvements) and authorize the Mayor and Deputy Clerk to execute all related documents.
M. Footing and Foundation Permit - YMCA. It was recommended to approve a Footing and Foundation Permit
prior to recording a Final Subdivision (YMCA 2nd Addition) located at 550 Opperman Drive in the NE I,4 of
Section 13.
N. YMCA Addition / Request for Extension of Construction Working Hours. It was recommended to approve an
early start time for construction activities (5:30 a.m.) for Witcher Construction Co., under a sewer and water
permit, on Friday, July 6, 2001.
Councilrnember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as amended. Aye: 5 Nay: 0
NEW BUSINESS
REZONING, PRELIMINRYIFINAL SUBDIVISION (FOX FOREST SECOND ADDITION) - RAMSTAD
City Administrator Hedges introduced this item regarding a rezoning of 2.9 acres of land located north of
Diffley Road and west of Lexington Way from A, Agriculture to R-l, Residential Single Family; and a two-lot
Preliminary and [mal Subdivision (Fox Forest Second Addition) on property located north of Diffley Road and west
of Lexington Way. Senior Planner Ridley gave a staff report.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Rezoning of 2.9
acres of land located north of Diffley Road and west of Lexington Way from A, Agriculture to R -1, Residential
Single Family. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a two-lot
Preliminary and Final Subdivision (Fox Forest Second Addition) on property located north of Diffley Road and
west of Lexington Way in the SE Y.. of Section 22, subject to the following conditions:
01-45
01-46
01'-47
01-48
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July 5, 2001
Page 3
1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on
February 3, 1993: Al and Bl
2. The property owners shall enter into a Final Subdivision Development Contract with the City.
Aye: 5 Nay: 0
INTERIM USE PERMIT - SMC COMPOST SERVICES
City Administrator Hedges introduced this item regarding an Interim Use Permit to allow the continued
operation of the existing yard waste and compost facility on Outlots G, H, and I, Gopher Eagan Industrial Park 2nd
Addition, and Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. Senior Planner Ridley gave a staff report.
Mayor A wada opened the floor for public comment.
Jan Mitchel 847 Westcott Square expressed her opposition to the proposed expansion of SMC Compost
Services, due to odors and noise created at the site.
Robert Friend, SMC Compost Services, discussed the proposal which would relocate windrows off Outlot
H and the southern portion of Outlot G to Lot 1, which would be a greater distance from residential areas.
Mayor A wada, Councilmembers and Senior Planner Ridley discussed plans for the establishment of a
buffer/screen along the west and north boundaries of Lot 1.
Senior Planner Ridley discussed the odor and noise problems stating the operation will be farther from the
residential neighborhood.
Councilmember Bakken discussed having different termination dates for the Interim Use Permit for
different sections of the site.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use
Permit to allow the continued operation of the existing yard waste and compost facility on Outlots G, H and I,
Gopher Eagan Industrial Park 2nd Addition, and Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition, located
in the S Yz of Section 12, north of Yankee Doodle Road at Elrene Road, subject to the following conditions:
Aye: 5 Nay: 0
1. The Interim Use Permit shall terminate on July 5, 2004 for Outlots G and H and Lot 1 and on
November 30, 2001 for Outlot I.
2. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review
shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit
may be revoked for failure to comply with any condition of the permit following notice of the
noncompliance and a hearing by the City Council with all interested parties being given an opportunity
to be heard.
3. SMC shall vacate Outlot I (City property) not later than November 30,2001. Vacation of the property
shall be in compliance with the lease agreement for the property, including the removal of all stored
product from the property.
4. SMC is responsible for obtaining and maintaining the appropriate license from Dakota County to
operate the facility.
5. The facility is subject to Section 3008 of the Uniform Fire Code with regard to "storage and processing
of materials in association with yard waste and recycling facilities", and operations shall be in
compliance with these provisions at all times.
6. A grading permit is required for the extension of the service drive and preparation of the expansion area
on LotI. The grading permit must be obtained prior to commencement of any grading activities.
7. SMC shall coordinate any grading of its site with the City and obtain the appropriate approvals prior to
commencing work. Any grading onto the adjacent City property shall require prior approval of the City
and restoration as determined by the City.
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July 5, 2001
Page 4
8. At the City's request and in cooperation with the City, SMC shall develop and implement a plan for the
establishment of a buffer/screen along the west and north boundaries of Lot 1 that may include a fence
as well as plant materials.
9. Only fmished product will be stored on Outlot H.
10. No active compo sting shall occur within 500 feet from Yankee Doodle (south of windrow #5 as shown
on the site plan).
11. The applicant must present a long-term concept plan for the disposal of the yard waste in the City of
Eagan prior to application for renewal.
12. Replace dead or dying landscape trees.
13. Submit an Operations Plan that will address odor control.
BLACKHAWK ROAD TRAFFIC STUDY
STOP SIGN PETITION
City Administrator Hedges introduced this item regarding a petition for stop signs and the traffic
engineering analysis for Blackhawk Road, between Diffley Road and Blue Cross Road. Public Works Director
Colbert gave a staff report.
Mayor A wada opened the floor for public comment.
There were eleven residents of the area who spoke regarding the need for stop signs on Blackhawk Road.
Their concerns included inability to back out of their driveways onto Blackhawk Road safely, the excessive speed
and volume of traffic, the safety of pedestrians attempting to cross the street, the safety of a handicapped resident of
Blackhawk attempting to cross the street to access his mailbox, damage to property due to speeding, out of control
vehicles and the issue of school children crossing the street.
Mayor A wada, Councilmembers and staff discussed placement of a stop sign at Blackhawk Road and
Deerwood Drive and lor Blackhawk Road and Silverbell Road. The Council agreed that the appropriate intersection
would be Blackhawk Road and Deerwood Drive. They also discussed the possibility of the United States Postal
Service moving mailboxes along Blackhawk Road to the same side of the street as the homes. Staff was directed to
write a letter to the Postal Service with this request. A discussion was also held regarding review in one year of the
impact on the traffic by the installation of a stop sign at Blackhawk Road and Deerwood Drive, and to also consider
if a stop sign is needed at Blackhawk Road and Silverbell Road.
Mayor Awada moved, Councilmember Fields seconded a motion to receive the petition for stop signs and
the traffic engineering analysis prepared by the City Engineer for Blackhawk Road, between Diffley Road and Blue
Cross Road, and authorize the installation of multiway stop signs at the intersection of Deerwood Drive and
Blackhawk Road and reevaluate the need for a stop sign at Silver Bell Road and Blackhawk Road in one year.
Aye: 5 Nay: 0
STUDY AREA FOR GOLF COURSE DEVELOPMENT - CITY OF EAGAN
City Administrator Hedges introduced this item regarding a study for the purposes of determining the
feasibility for a golf course development in central Eagan.
Brent Florine stated his objections to the possibility of a golf course. He stated that he does not feel a
natural area should be taken to construct a golf course that may not always be utilized.
Mayor A wada and Councilmembers discussed Item 3 under the Administrative Agenda regarding the
formation of a Golf Course Exploratory Committee.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to schedule consideration of an
interim use ordinance to conduct a study for the purposes of determining the feasibility for a golf course
development in central Eagan at the July 17,2001 meeting. Aye: 5 Nay: 0
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July 5, 2001
Page 5
Councilmember Tilley moved, Councilmember Bakken seconded a motion to direct the Advisory Planning
Commission and the Advisory Parks Commission to select two representatives from their current membership to
serve as representatives to the Eagan Golf Course Exploratory Committee and direct staff to take applications from
the public for the Committee by the August 7, 2001 City Council meeting. Aye: 5 Nay: 0
Mayor A wada moved, Councilmember Bakken seconded a motion to remove the Central Park Update as a
regular City Council item. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
CONSIDER BERGEN PROPERTY ACQUISITION
City Administrator Hedges introduced this item regarding a purchase agreement for approximately two
acres of the Bergin property, located at 1240 Deerwood Drive, at a cost of$58,000.
Mayor A wada, Councilmembers and staff discussed the proposed purchase agreement and the possibility
of the purchase of the Lanstraat property.
Mayor A wada moved, Councilmember Bakken seconded a motion to authorize a purchase agreement for
approximately two acres of the Bergin property, located at 1240 Deerwood Drive, at a cost of$58,000 and
authorize investigation by staff into the purchase of the Lonstraat property. Aye: 5 Nay: 0
LEGAL SERVICES SOQ PROCESS TIMELINE EXTENSION
City Administrator Hedges introduced this item regarding the solicitation of Statements of Qualification
from legal services providers.
Mayor Awada moved, Councilmember Fields seconded a motion to adopt a revised timeline for the
Solicitation of Qualifications for Legal Services. Aye: 5 Nay: 0
OPERATIONS AND PARTNERSHIP COMMITTEE
Mayor A wada moved, Councilmember Tilley seconded a motion to split the Operations and Partnerships
Committee into two separate committees. Aye: 5 Nay: 0
PROJECT 811, WELL #20
Public Works Director Colbert introduced this item regarding engineering services for Project 811, Well
#20 drilling, structure and transmission line.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the firm of SEH,
Inc. to perform the engineering services for Project 811 (Well #20 - Drilling, Structure and Transmission Main) for
an amount not to exceed $92,655. Aye: 5 Nay: 0
OAKBROOKE POND BP-35, AREA #4
Mayor A wada moved Councilmember Tilley seconded a motion to bring back the discussion of Oakbrook
Pond BP-35, Area #4 - Oakbrooke Addition, at the July 17,2001 Council meeting. Aye: 5 Nay: 0
ADJOURNMENT
The meeting was adjourned 10:45 p.m. after the Council rehearsed for the upcoming Six Month Review to
be held July 10, 2001.
Eagan City Council Meeting Minutes
July 5, 2001
Page 6
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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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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.