08/21/2001 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 21, 2001
A regular meeting of the Eagan City Council was held on Tuesday, August 21,2001 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 announced that Item E of the Consent Agenda will be pulled for discussion per the request
of the applicant; Item J of the Consent Agenda will be continued. Mayor Awada also stated that two items have
been added to Administrative Agenda.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the August 7,2001 regular City Council meeting, the
August 7,2001 Listening Session and the August 14, 2001 Special City Council meeting.
B. Personnel Items.
1. It was recommended to accept the resignation of Lisa Larson, Clerical Tech III in Engineering.
2. It was recommended to accept the resignation of Eagan Police Officer, Nathan Taarud.
3. It was recommended to approve the hiring of Brian Connolly as a temporary intern for the Engineering
Department.
4. It was recommended to approve the hiring of Kali Ruth Martin as a seasonal park attendant for the
Maintenance Facility.
5. It was recommended to approve the hiring of Julie Mattson and Haley Margaret Leonard as part-time seasonal
guest services workers at Cascade Bay.
6. It was recommended to approve the payment of one hour at straight time for each after hours emergency
callout for maintenance supervisors and one hour at straight time for each emergency callout hour worked in
excess of the first two hours, not to exceed total pay for five hours for any callout.
C. Final Subdivision. It was recommended to approve a Final Subdivision (Pine tree Pass 7th Addition) to create 13
single family lots on approximately 5.28 acres located in the NE y.. of Section 33.
D. Final Subdivision. It was recommended to approve the Final Subdivision (Pinetree Pass 8th Addition) to create
16 single family lots on approximately 7.13 acres located in the NE y.. of Section 33.
F. Contract - Sabongi Consulting Group. It was recommended to approve a contract with Sabongi Consulting
Group Inc. to prepare construction documents for remodeling the City owned house in Moonshine Park, and
authorize staff to sign appropriate documents.
G. Contract 99-14. It was recommended to approve the fmal payment for Contract 99-14 (TH 55 South Frontage
Road / Louis Lane - Street and Utility Improvements) in the amount of $87,074.92 to Brown & Cris, Inc., and
accept the improvements for perpetual City maintenance subject to warranty provisions.
H. Contract 01-08. It was recommended to authorize a new bid letting date for 11 :00 a.m. August 31, 2001 for
Contract 01-08 (Well #20).
I. Contract 01-15. It was recommended to authorize a new bid letting date for 10:30 a.m., Tuesday, August 28,
2001, for Contract 01-15 (July 2000 Storm Mitigation Improvements).
1. Contract 01-06. It was recommended to receive the bids for Contract 01-06 (Blue Gentian Road - Street and
Utility Improvements) and one of the following options: Continued to September 4. 2001.
K. Proiect 748. It was recommended to receive the Final Assessment Roll for Project 748 (Johnny Cake Ridge
Road - Utility and Street Installation) and schedule a public hearing to be held on September 17, 2001.
L. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements
an schedule a public hearing to be held on September 17, 2001.
M. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-
01 to 6-30-02.
N. City Hall Securitv Svstem. It was recommended to approve the purchase of a security system for City Hall to be
financed from the City's General Facilities Renewal and Replacement Account.
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Eagan City Council Meeting Minutes
August 21, 2001
Page 2
O. Ordinance Amendment. It was recommended to approve an ordinance amendment - Section 6.39 (off-site
massage therapy permits) and establish a permit application fee of$15.00.
P. Revision to "Triangle Area" AUAR - City of Eagan. It was recommended to authorize a revision to the
Alternative Urban Area-wide Review (AUAR) for the "Triangle Area" bounded by 1494, Hwy. 55 and Hwy.
149.
Q. MVTA TEA-2l Grant. It was recommended to approve a Letter of Support for the MVTA TEA-21 Grant.
R. Wetland Conservation Recommendations. It was recommended to approve 1) certification of exemptions from
replacement of six (6) individual wetland projects associated with flood mitigation; and 2) replace excavation
impact of wetland for Fish Lake alum-dosing operation by withdrawing wetland banking credits.
S. New Tree Contractor License. It was recommended to approve a new Tree Contractor License for Collins Tree,
7377 1 54th Street West, Prior Lake, MN.
T. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements
and schedule a public hearing to be held on September 17, 2001.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the
Consent Agenda. Aye: 5 Nay: 0
E. Findings of Fact - Adams Outdoor. Findings of Fact, Conclusions and Resolution for Denial of a
Conditional Use Permit for Adams Outdoor 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 1-35 E and
Lexington A venue in the northwest Y.. of Section 2.
City Administrator Hedges discussed this item stating that Adams Sign had requested it be pulled from the
Consent Agenda for discussion. John Bedger, Adams Sign, stated that they would like to amend their original
application and requested that the item be tabled. He agreed to waive the 60 day provision to allow modification.
Council agreed to table consideration of the Findings of Fact.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to table adoption of the Findings
of Fact, Conclusions and Resolution for Denial of a Conditional Use Permit for Adams Outdoor to erect a 756
square foot off-premise sign upon Canadian pacific Railway property located south ofTH 55 between 1-35 E and
Lexington A venue in the northwest Y.. of Section 2. Aye: 5 Nay: 0
PUBLIC HEARINGS
YMCA 1 ST ADDITION (OUTLOT A) EASEMENT VACATION
City Administrator Hedges introduced this item regarding an easement vacation of the existing drainage
and utility easements on Outlot A, YMCA 1st Addition. He suggested that it would be more appropriate to include
action on this item as part of consideration of the YMCA 2nd Addition plat that is scheduled for Council
consideration later on this agenda. Public Works Director Colbert gave a staff report.
Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing.
CONSIDER ADOPTION OF THE REDEVELOPMENT PLAN FOR THE CEDAR GROVE
REDEVELOPMENT AREA, AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO.1
WITHIN THE CEDAR GROVE REDEVELOPMENT AREA; AND ADOPTING THE TAX INCREMENT
FINANCING PLAN THEREFOR
City Administrator Hedges introduced this item regarding the Redevelopment Plan for the Cedar Grove
Redevelopment Area. He stated that the research material from SEH is not complete and action should not be taken
at this time. Jim Prosser, Elhers and Associates, suggested that if Council wishes to defer the public hearing, it
should be scheduled no earlier than four weeks.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue the public hearing
to consider adoption of the redevelopment plan for the Cedar Grove Redevelopment area to the October 2, 2001
meeting. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
August 21, 2001
Page 3
Council agreed to allow residents to present any questions they would like answered at the next public
hearing.
Four residents requested that the following information be provided at the next public hearing.
Bea Blomquist:
1. What are the reasons for boundary changes since the task force last met and when was the decision made to
make the changes?
2. Would like to see official action that was taken to change the title of the TIF District to "Cedar Grove". (a
number should be assigned).
3. What is intent regarding removal of existing homes.
Councilmember Carlson discussed the renaming of the nF District to "Cedar Grove".
Betty Bassett:
1. Would a public hearing be held if Council decides to alter the plan or include additional special areas.
Council confIrmed to Ms. Bassett that a public hearing would be held in the event of changes or additions.
Margaret Schriener:
1. Requested that information be provided to area residents, as the Task Force is no longer involved and she
continues to get phone calls requesting information.
Steve Wallick:
1. Why does the nF Plan include wetlands?
2. What are qualifIcations for houses to be included for nF funding?
3. Suggested that a brief history of the area be provided.
4. Why are some intersection parcels being left out?
OLD BUSINESS
CONTRACT 01-14, JULY 2000 STORM SEWER IMPROVEMENTS
City Administrator Hedges introduced this item regarding Contract 01-14, (July 2000 Storm Mitigation
Improvements for Miscellaneous areas #1, 4, 5 and 10. Public Works Director Colbert gave a staffreport,
explaining that all necessary easements have not be obtained. He recommended that consideration of this item be
continued.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue the award of
Contract 01-14 (July 2000 Storm Mitigation Improvements - Misc. Areas #1, 4, 5 & 10) until the September 4,
2001 City Council meeting. Aye: 5 Nay: 0
ORDINANCE AMENDMENT - CHAPTER FOUR - CONSTRUCTION LICENSING,
PERMITS AND REGULATION
City Administrator Hedges introduced this item regarding an ordinance amendment that would restrict
signs on all City owned property including right-of-way, parks and public facilities.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance
amendment to Chapter Four - Construction Licensing, Permits and Regulation. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
August 21, 2001
Page 4
NEW BUSINESS
PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (SUMMIT HILL)-
DELTA DEVELOPMENT, INC.
City Administrator Hedges introduced this item regarding a Preliminary Planned Development and
Preliminary Subdivision to create 31 lots for the construction of 30 detached townhomes on 6.65 acres located south
of Diffley Road and east of Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report.
Mark Parranto, Delta Development, made a presentation regarding the proposed townhome development.
There was considerable discussion and questions by the Council regarding the viability of the reduced private street
widths to accommodate additional guest and/or resident parking and the mechanism to enforce no parking in front
of the garages or in the private driveways. The developer responded that the parking rules would be incorporated
into the covenants and the homeowner's association would be responsible for their enforcement through towing as
necessary. He preferred not to install signs to maintain the aesthetics of this new concept and would look at the
possibility of adding another on-street parking bay. In response to a question from the audience, the developer stated
that, if there was insufficient room for snow storage within the private driveways then, the association would truck it
out.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development and Preliminary Subdivision (Summit Hill) to create 31 lots for the construction of 30
detached townhomes on 6.65 acres located south of Diffley Road and east of Johnny Cake Ridge Road, in the NW
Y-t of Section 28 subject to the following conditions. Aye: 5 Nay: 0
1. The property shall receive fmal subdivision/plat approval prior to building permit issuance.
2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the
City, to be recorded with the County Recorder's office. The following exhibits are required for the
Final Planned Development Agreement: Final Site Plan, Final Building Elevations Plan, Final
Landscape Plan, Final Site Lighting Plan.
3. The term of this Planned Development shall be five years.
4. The developer shall be responsible for preparing and recording, with the subdivision, appropriate
documents establishing a townhome association. The documents shall be submitted and approved
by the City Attorney's office prior to fma1 subdivision approval. Transfers of common areas to the
townhome association shall be recorded with the subdivision.
5. Building setbacks on the perimeter of the site shall not be less than 50 feet from Johnny Cake Ridge
Road and 30 feet from adjacent properties. Setbacks within the development shall not be less than
shown on the approved site plan.
6. The final development plans shall include architectural plans prepared by a registered architect. The
elevation plans shall show the proposed building designs, elevations of all sides of the buildings,
dimensions, and exterior materials and colors.
7. Maintenance of the landscaping shall be the responsibility of the development's townhome
association.
8. Site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting
shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be
hooded and directed to deflect light away from adjacent properties.
PRELIMINARY AND FINAL SUBDIVISION - YMCA
City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision to
provide for property acquisition to allow for an expansion of the YMCA daycare operation located at 550
Opperman Drive. Senior Planner Ridley gave a staff report.
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Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary
and Final Subdivision (YMCA 2nd Addition) to provide for property acquisition to allow for expansion of the
YNCA daycare operation located at 550 Opperman Drive in the NE Y-t of Section 13, subject to the following
conditions: Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
August 21, 2001
Page 5
1. The developer shall comply with these standard conditions of plat approval as adopted by Council
on February 3, 1993: Bl, El, and HI.
2. The property shall be platted.
3. The approval of the proposed subdivision shall not waive or any way affect the City's right to retain
any existing public easement that the applicant may desire to have vacated in accordance with
applicable procedures.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to vacate public drainage
and utility easements (Lot A, YMCA 1st Addition). Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
CITY PROJECT 802, PILOT KNOB ROAD / DUCKWOOD DRIVE
City Administrator Hedges introduced this item regarding intersection improvements at Pilot Knob Road /
Duckwood Drive. Public Works Director Colbert gave a staff report, explaining that the approved funding for this
project under the regional Hazard Elimination & Safety (HES) program funding for the Duckwood Drive overpass
portion of the Ring Road had a September 30 deadline for the acquisition of all easements and rights of ways. He
stated that due the resistance of most of the property owners, it appeared very unlikely that the City would be able to
meet this deadline. If the project were to be cancelled, the MnDOT could reallocate these funds to some other
project and the City would then be able to reapply for the 2005 program year.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to cancel Project 802, Pilot
Knob Road / Duckwood Drive (Intersection Improvements), decline the use ofFY 2001 HES federal program
funding and authorize the submittal of a new application for FY 2005 HES Funding. Aye: 5 Nay: 0
REVSISION TO CENTRAL PARK PLAN
City Administrator Hedges introduced this item regarding a proposal by Duke Weeks regarding a four acre
outlot of which a portion will be used for storm water ponding and wetland replacement. Parks and Recreation
Director Vraa gave a staff report.
Mayor A wada moved, Councilmember Bakken seconded a motion to approve the proposed revision to the
Central Park Plan. Aye: 5 Nay: 0
AMEND 5 YEAR CAPITAL IMPROVEMENT PLAN (HWY. 149 UPGRADE)
City Administrator Hedges introduced this item regarding the upgrading of Highway 149 from a 2-lane to
a 4-lane highway. Public Works Director Colbert gave a staff report explaining that the current CIP provides for a
two lane divided highway. Traffic projections indicate the need for a 4-lane divided highway with signals at the
Wescott Road intersection similar to the Hwy 13 improvement. This upgrade would probably score better in the
competition for regional and federal funding. MnDOT had already committed $500,000 towards the local share of
$1,000,000 obligation. Therefore, it is necessary to amend the official CIP to reflect this increased scope of
improvement.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to amend the 5 Year Capital
Improvement Plan to program the upgrading of Highway 149. Aye: 5 Nay: 0
VISITORS TO BE HEARD
Neil Black made a comment regarding the ordinance amendment regulating election signage. He stated he
felt the Council would be setting a bad precedent by approving the amendment.
Eagan City Council Meeting Minutes
August 21, 2001
Page 6
Doris Dahline stated that the brochure regarding meeting procedures should be updated. She also
presented a recap of her concerns and past correspondences that she has brought before the Council since April,
2000.
Robert Salik, presented a proposed street plan for the Blue Cross Blue Shield expansion.
ADJOURNMENT
The meeting adjourned at 8:40 p.m. into an Executive Session to consider the EHW lawsuit.
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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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