11/20/2001 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 20, 2001
A regular meeting of the Eagan City Council was held on Tuesday, November 20,2001
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, City Attorney Mike Dougherty,
and Administrative Secretary / Deputy Clerk Mira McGarvey,
AGENDA
Mayor Awada recommended that three additional items regarding a Sister City Program;
a warming house / gazebo at the Central Park skating pond site; and an amendment to an
agreement with Wenzel Financial, be added to the Consent Agenda as items X, Y and Z.
Mayor Awada also recommended that item A under Old Business regarding General
Obligation Recreational Facility Bonds be moved to Recognitions and Presentations.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve
the agenda as amended. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
RECEIVE BID AND AWARD SALE OF $13,970,000 GENERAL OBLIGATION
RECREATIONAL FACILITY BONDS, SERIES 2001A
City Administrator Hedges introduced Dave MacGillivary of Springsted, the City's
finance advisors, who made a presentation regarding the sale of General Obligation Recreational
Facility Bonds. City Administrator Hedges made a presentation regarding the City's upgraded
credit rating from Aa2 to Aa1 that Moody's gave the Recreational Facility Bonds.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the
resolution awarding the sale of $13, 970,000 General Obligation Recreational Facility Bonds, 01-76
Series 2001A. Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve
the Consent Agenda as amended. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the November 8, 2001 regular City
Council meeting, the November 8,2001 Listening Session minutes, and the November 13,
2001 Special Goals Workshop minutes.
B. Personnel Items.
1. It was recommended to approve the hiring of Barbara Majchrzak as a Clerical Technician
III in Community Development.
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November 20,2001
Page 2
2. It was recommended to approve the 2002 rates with Stanton Group, Inc" to administer the
City of Eagan's Flexible Spending Plan.
3. It was recommended to increase the deduction limit for additional medical expenses under
the Flexible Spending Plan from $2000 in 2001 to $2500 in 2002.
C. Perrier Wines & Liquors Name Change. It was recommended to approve a name change
from Great Northern Spirits located at 1960 Cliff Road to Perrier Wines and Liquors.
D. Renewals of Existing Liquor Licenses. It was recommended to approve the renewals of
existing liquor licenses for 2002, subject to review of applications, payment of fees and Police
Department reviews.
E. On-Sale Liquor and Sunday License. It was recommended to approve the on-sale liquor and
Sunday license for Minnesota Robins, Inc., dba Eagan Red Robin, 1230 Town Centre Drive.
F. Change in Management - Lost Spur Golf Course, It was recommended to approve a change
in the management of the Lost Spur Golf Course located at 2750 Sibley Memorial Highway,
subject to Police Department review.
G. Change in Management - Chili's Southwest Bar and Grill. It was recommended to approve a
change in management of Chili's Southwest Bar and Grill located at 3625 Pilot Knob Road,
subject to Police Department review.
H, Change in Mana,gement - Holiday StationStores. It was recommended to approve a change in
management of Holiday Stationstores #247 located at 3615 Pilot Knob Road,
1. Proiect 861. It was recommended to receive the Draft Feasibility Report for Project 861 (2002
City-wide Trail Improvements) and schedule a public hearing to be held on December 18,
2001.
J. Project 771. It was recommended to approve an Easement Agreement for Project 771
(Lexington Avenue - Divided Four-lane Upgrade) with owner of Parcels 10-22502-010-06
and 10-22502-020-01 (Teacher's Retirement System of the State of Illinois) and authorize the
Mayor and City Clerk to execute all related documents.
K. Tax Forfeited Property. It was recommended to declare the following parcel as non-
conservation land: 10-83730-011-00 (Outlot A, Wescott Square, Except Part Platted as Eagan
Oaks).
L. Final Subdivision. It was recommended to approve a Final Subdivision (Kennerick Addition)
to create two single-family lots and four outlots on 8.63 acres located west of Pilot Knob Road
and north of Lone Oak Road in the SE Y4 of Section 4.
M. Final Plat. It was recommended to approve a Final Plat to replat Outlot A, Bachel's
Backyard into a lot (Lindstrom Acres) located south of Skyline Road in the SE Y4 of Section 4.
N. Final Subdivision. It was recommended to approve a Final Subdivision (Perron Acres) on
10.7 acres located east of Dodd Road and south ofConventry Parkway in the SE Y40fSection
24.
O. Truth in Taxation. It was recommended to schedule a Truth in Taxation public hearing for
December 11, 2001.
P. Project 796, Cedar Cliff and Mari Acres Street Overlay. It was recommended to receive the
draft feasibility report for Project 796 (Cedar Cliff and Mari Acres - Street Overlay and
Drainage Improvements) and schedule a public hearing to be held on December 18, 2001,
Q. Project 852. It was recommended to receive the draft feasibility report for Project 852 (Post
Addition, Rustic Hills Addition and Oster Addition - Street Overlay I Reclamation) and
schedule a public hearing to be held on December 18, 2001.
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November 20,2001
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R. Proiect 00-1. It was recommended to approve the extension of the development contract for
Pinetree Pass 6th Addition and authorize the Mayor and Deputy City Clerk to execute all
related documents,
S. 2002 License Renewals. It was recommended to approve 2002 Commercial - Resident -
Construction / Demo Trash Hauler License Renewals; 2002 Commercial Fertilizer License
Renewals; 2002 Tree Contractor License Renewal; 2002 Tobacco License Renewals; 2002
Stable License Renewals.
T. MVTA Joint Powers Agreement. It was recommended to request a continuance from the
MVT A for their consideration of a proposed amendment ofthe By-laws and Joint Powers
Agreement of the Minnesota Valley Transit Authority.
U. Findings of Fact. It was recommended to adopt Findings of Fact, Conclusions and Resolution
for Denial of a Variance of3.8% to the maximum lot coverage of20% in a residential zoning
district for Lot 3, Block 1, Majestic Oaks 2nd Addition.
V. Easement Agreement. It was recommended to approve an Easement Agreement for Project
824 (Beacon Hill / Ridge Cliff Drive / Penkwe Way - Storm Sewer Mitigation) with the
owner of Parcel 10-39800-070-01 (4760 Penkwe Circle) and authorize the Mayor and City
Clerk to execute all related documents.
W. Consumption and Display Permit. It was recommended to approve a Consumption and
Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre
Drive.
X. Resolution / Dakota County Sister City Program. It was recommended to approve a
Resolution that the City of Eagan recognizes and supports the sister city relationship between
Dakota County, Minnesota and Chengde, China.
y. Consider Warming House / Gazebo at Central park Skating Pond Site, It was recommended
to direct the Advisory Parks Commission to allocate $50,000 in their 2002 CIP for a warming
house / gazebo structure to be built during the initial Central Park site development.
Z. Agreement - Wenzel Financial. It was recommended to authorize an amendment of the
agreement to allow conveyance of excess MnDOT property from the City to Wenzel
Financial.
PUBLIC HEARINGS
PROJECT 795, COVINGTON LANE / BEACONS HILL / BRITTANY I_6TH /
JOHNNY CAKE RIDGE ADDITIONS STREET OVERLAY
City Administrator Hedges introduced this item regarding the preparation of detailed
plans and specifications for Project 795, Covington Lane / Beacon Hill! Brittany I-6th and Johnny
Cake Ridge Additions - Street Overlay, along with three public hearings to follow regarding
Project 853 - Woodgate 151 Addition, Project 854 - Parkcliff 1_3rd Additions and Project 856-
Ches Mark I-5th Additions Street Overlay. Public Works Director Colbert gave an overview of
Projects 795,853,854 and 856. Assistant City Engineer John Gorder gave a staffreport on
Project 795.
Mayor Awada opened the public hearing for Project 795. There being no public
comment, she closed the public hearing and turned discussion back to the Council.
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November 20,2001
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Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve
Project 795 (Covington Lane / Beacon Hill / Brittany I_6th / Johnny Cake Ridge Additions-
Street Overlay) and authorize the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
PROJECT 853, WOODGATE 1ST ADDITION STREET OVERLAY
City Administrator Hedges introduced this item regarding the preparation of detailed
plans and specifications for Project 853 (W oodgate 1 st Addition - Street Overlay). Assistant City
Engineer John Gorder gave a staff report.
Mayor Awada opened the public hearing. There being no public comment, she closed the
public hearing and turned the discussion back to the Council.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve
Project 853 (W oodgate 1 st Addition - Street Overlay and authorize the preparation of detailed
plans and specifications. Aye: 5 Nay: 0
PROJECT 854, P ARKCLIFF 1 ST - 3RD ADDITIONS STREET OVERLAY
City Administrator Hedges introduced this item regarding preparation of detailed plans
and specifications for Parkcliff 1 st - 3rd Additions - Street Overlay. Assistant City Engineer
gave a staff report.
Mayor Awada opened the public hearing.
Art Link, 4665 Park Cliff Drive, questioned the timing of the project since some of the
streets have only been in existence since 1984. He suggested that another seal coat be done at
this time rather than an overlay. Public Works Director Colbert explained that an entire
neighborhood is looked at collectively rather than as separate street segments in an effort to bring
the entire neighborhood up to one level. He stated that more reconstruction work could be
necessary at a greater assessment percentage as compared to the overlay program ifthe project is
delayed.
There being no further public comment, Mayor Awada closed the public hearing and
turned discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve
Project 854 (Parkcliff 1 st - 3rd Additions - Street Overlay) and authorize the preparation of
detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 856, CHES MAR 1 ST - 5TH ADDITIONS STREET OVERLAY
City Administrator Hedges introduced this item regarding the preparation of detailed
plans and specifications for Project 856 (Ches Mar 1 st - 5th Additions - Street Overlay).
Assistant City Engineer Gorder gave a staff report.
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November 20, 2001
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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 Fields seconded a motion to approve
Project 856 (Ches Mar 1 st - 5th Additions - Street Overlay) and authorize the preparation of
detailed plans and specifications. Aye: 5 Nay: 0
OLD BUSINESS
CLIFF LAKE ROAD & KYLE WAY TRAFFIC ANALYSIS
City Administrator Hedges introduced this item regarding an engineering traffic analysis
for the intersection of Cliff Lake Road and Kyle Way. Public Works Director Colbert gave a
staff report. He indicated that upon engineering review of the intersection and an evaluation of
the existing traffic control and site conditions, it appears that the intersection does not currently
meet the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) requirements for
additional traffic control measures.
Jack Puterbaugh expressed his disagreement with the evaluation and discussed his
concerns regarding pedestrian safety.
Councilmember Tilley and Carlson discussed the possibility of a flashing pedestrian
light.
Mayor Awada stated that an overall policy should be reviewed to ensure consistency for
all crosswalks throughout the City. Councilmember Bakken agreed.
Mayor Awada moved, Councilmember Carlson seconded a motion to receive the
engineering traffic analysis for the intersection of Cliff Lake Road and Kyle Way / Cub Foods
entrance and deny any further consideration of additional traffic control improvements at said
intersection. Aye: 5 Nay: 0
Councilmember Tilley moved, Mayor A wada seconded a motion to direct staff to
conduct a study of flashing warning lights at pedestrian crossings throughout the City to be
presented at a Council work session in January. Aye: 5 Nay: 0
CHARTER COMMISSION - REQUEST TO USE COUNCIL CHAMBERS
City Administrator Hedges provided information regarding a request by the Charter
Commission to use the City Council Chambers as their meeting location.
Betty Fedde, member of the Eagan Charter Commission, stated that the Charter
Commission is a judicially appointed commission comprised of Eagan residents. She read a
letter from First Judicial District Chief Judge Richard Spicer recommending that the City provide
the Eagan Charter Commission meeting space at City Hall at no charge.
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November 20,2001
Page 6
Councilmember Bakken asked in what capacity Betty Fedde was speaking, as a Charter
Commission member or a private resident and did the Charter Commission ask her to appear on
their behalf? She stated she had been elected Chair of Charter Commission.
Michael Dean stated that the City Council has the authority to allow use of the Council
Chambers which is what the Charter Commission is requesting.
Mayor A wada asked City Attorney Dougherty to explain the role of the Charter
Commission and the legislative branch of government that regulates the City.
Councilmember Carlson stated she felt if the Charter Commission were allowed to utilize
the Council Chambers, a precedent would be set and other community groups would have to be
treated the same.
Councilmember Bakken stated that the Council is trying to be consistent with all
community groups.
Councilmember Tilley asked how many City appointed Commissions meet in the
Chambers and why the Charter Commission wants the Chambers rather than the Community
Room. Staff indicated there are six City appointed Advisory Commissions that use the Council
Chambers. Bette Fedde explained that the Charter Commission prefers to use the Council
Chambers rather than the Community Room due to scheduled reconstruction of the Community
Room and the fact that the Chambers would be more conducive to their meeting needs and would
be more convenient for residents and guests who will be attending the Charter Commission
meetings .
Michael Dean spoke at length about why the Charter Commission feels they are as much
a part of the City as other commissions.
Councilmember Tilley stated she does not have a problem with letting the Charter
Commission use the Council Chambers.
Councilmember Fields stated she felt that residents viewing the various commission
meetings would be confused by the Charter Commission members who also serve on City -
appointed commissions given that residents are only allowed to serve on one commission at a
time. She felt it would not be clear that the Charter Commission is not appointed by the City.
Councilmember Carlson moved, Councilmember Fields seconded a motion to deny the
Charter Commission's request to use the City Council Chambers as the Charter Commission's
meeting location. Aye: 4 Nay: 1 Tilley opposed
HISTORICAL SOCIETY - COMMISSION STATUS
Mayor A wada moved, Councilmember Bakken seconded a motion to continue
consideration of the creation of an Advisory Historical Commission to a future Council work
seSSIOn.
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November 20, 2001
Page 7
NEW BUSINESS
REZONING, PRELIMINARY SUBDIVISION, AND VARIANCE (BERGIN ADDITION)
TOM BERGIN, SR.
City Administrator Hedges introduced this item regarding a rezoning of a five acre parcel
from A(Agriculture) to R-1 (Residential Single Family) located on Deerwood Drive and a
preliminary subdivision to create two lots for single family dwellings and one outlot for park
purposes and a variance from the improved public street access requirement to allow unimproved
access on a five acre parcel located on Deerwood Drive. Senior Planner Ridley gave a staff
report.
Tom Bergin questioned the storm sewer charges. Mayor Awada explained that all
residents pay the storm sewer fees when their property is developed.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a
Rezoning ofa five (5) acre parcel from A (Agriculture) to R-1 (Residential Single Family)
located on Deerwood Drive in the SW ~ of Section 22. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a
Preliminary Subdivision to create two lots for single family dwellings and one outlot for park
purposes (Bergin Addition) and a Variance from the improved public street access requirement to
allow unimproved access on a five acre parcel located on Deerwood Drive in the SW ~ of
Section 22 subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with the following standard conditions of plat approval as
adopted by Council on February 3, 1993: B1, 3, 4; Gl.
2. The property shall be final platted.
3. An individual lot tree preservation plan will be required at the time of building permit
application for Lot 2.
4. A cash dedication of approximately $5,135 in lieu of on-site water quality ponding shall
be required for this development.
5. The transfer of Outlot A to the City shall occur prior to issuance of a building permit for
Lot 2, Block 1, Bergin Addition.
6. If the development is allowed to utilize a private driveway for access to both lots, the
developer shall provide a private driveway for access to both lots, the developer shall
provide a private access easement agreement for review and approval by the City
Attorney prior to final subdivision approval.
VISITORS TO BE HEARD
There were no visitors who wished to speak.
ADJOURNMENT
The meeting adjourned at 8:35 p.m.
Eagan City Council Meeting Minutes
November 20, 2001
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Date
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