09/19/2000 - City Council Regular
00259
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan,M~esota
September 19, 2000
A regular meeting of the Eagan City Council was held on Tuesday, September 19, 2000 at 6:30
p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin,
Blomquist, Carlson and Bakken. Also present were City Administrator Torn Hedges, Senior Planner
Mike Ridley, Director of Public Works Torn Colbert, and City Attorney Mike Dougherty.
AGENDA
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Mayor Awada noted that the scheduling of a special City Council meeting for October 2,2000
for the purposes of meeting with community center/central park focus groups for a kick-off event
would be placed under the Administrative Agenda.
Councilmember Bakken moved, Mayor Awada seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
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Councilmember Masin requested the following change in the sixth sentence in the first
paragraph on page seven, "Councilmember Masin stated she was not in favor of rezoning the SE
Eagan/Gun Club area but was open to the rezoning of the other three parcels depending upon specific
development proposals."
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
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Councilmember Masin noted that Deputy Clerk Barb Hand was in attendance at the spedal
meeting and said her name should be listed under those present.
Mayor Awada moved, Councilmember Carlson seconded a motion to approve the minutes as
amended. Aye: 5 Nay: 0
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Meg Tilley, representing the Eagan Foundation, stated that the Foundation has collected
$113,000 to date for flood relief. She acknowledged several individuals for their efforts with regard to
the establishment of the Interfaith Disaster Response of Dakota County organization. Margaret
Schreiner provided additional information regarding the IDRD's function as it relates to helping Eagan
residents with their unmet needs. She noted that an office has been established at Mary Mother of the
Church and a caseworker has been hired full-time to work with residents regarding their unmet needs.
Mike McCormiCk, representing the SBA, provided an update on the finandal impact to the
community and also commented on the number of loans that have been processed to date.
Julie Stackhouse commented on the efforts of a local Girl Scout Troop and the troop leaders who
sold cotton candy at Lone Oak Days and raised $230 for flood relief.
Mayor Awada mentioned that all Girl Scout troops also helped to raise funds for flood relief at
the recent Family Fun Days held at the Civic Arena.
Thomas Eykyn, 1953 Jade Lane, stated that he had sent a letter to the City regarding a claim for
flood damages and has not received a response. Director of Public Works Colbert noted that the City is
conducting a study of the entire storm sewer system. He added that he is aware that the claim was
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EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000
PAGE 2
fonvarded to the League of ?vlinnesota Cities Insurance Trust for their review and response. City
Administrator Hedges noted that he would contact }"'1r. Eykyn regarding his claim.
Kristin Barge, a resident in the Cedar Grove area, commented on the flood damage to her home
and requested the Council take action to include storm sewer repair and/ or the buyout of her home.
She also requested the City update its Emergency Action Plan.
RECOGNI"ttQNS&:PRE5WA.TIONS
CONVENTION & VISITORS BUREAU 2000-2001 MARKETING PLAN AND BUDGET
City Administrator Hedges provided an overview on this item. Ann Carlon, Executive Director
of the Eagan Convention & Visitors Bureau, provided additional information on the marketing plan and
budget.
(Inadvertently, action was not taken on this item. The item will be placed on the October 3, 2000
City Council agenda.)
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Councilmember Masin encouraged residents to seek out available flood assistance. She asked
for an update on whether sealed bids were going to be sought for the City Attorney and the City's
engineering consultants. City Administrator Hedges stated that an update would be provided next
week.
Councilmember Masin stated that typically the Council meets with the Telecommunications
Commission and the Burnsville Cable Access staff. City Administrator Hedges stated the purposes for
the previous meetings. He added that he would be willing to speak to the Burnsville City Manager to
see if there is a desire to meet again. Councilmember Masin suggested that a meeting be scheduled to
review the partnership.
Councilmember Carlson asked if the City Council would be willing to consider discussing the
election sign policy prior to the November 21, 2000 special City Council meeting in order to define some
parameters before the meeting. She asked about the City's process for dealing with complaints
regarding signs that are placed on fences. Mayor A wada stated that staff was directed to send a letter to
all Council candidates informing them that political signs on fences needed to be removed. City
Administrator Hedges added that a copy of the sign ordinance was also sent with the letter. He further
added that non-conforming signs are typically removed with notification generally given to the
candidate prior to their removal. He said that the City can not remove signs on fences located on
private property. He further said that the property owner is notified that the sign is in violation of the
Sign Ordinance.
Councilmember Blomquist said that the public should provide input regarding election signs
absent defined parameters. She stated that she thought Mayor Awada had a conflict of interest in
selling political signs to at least three Council candidates.
Mayor Awada responded that her company sells a variety of items and one division sells signs.
She added that the main part of her business is phone verification services. She further added that the
company also does telecommunications work, prepares corporate direct mail pieces and some political
mailings. She also noted that her company sells several products. She said that every expert who has
been consulted with regard to this matter has indicated that she does not have a conflict of interest.
Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a spedal City
Council meeting for the purposes of discussing the election sign policy prior to the November 21,2000
special City Council meeting.
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EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000
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Councilmember Masin asked if the research and information that had been compiled previously
could be provided to the Council for their review. City Administrator Hedges stated that the
information is still useful and would be provided to the Council. Councilmember Masin said that she
recalled that staff was supposed to make an adjustment to the sign policy based on Bumsville's model.
City Administrator Hedges stated that this was discussed; however, no action was taken.
Councilmember Blomquist said she was concerned that this was not an official agenda item.
She said she expected to take the input from the citizens and build from there. Councilmember Bakken
stated that he did not feel that there was necessarily a restriction problem but rather there is an
enforcement problem.
Councilmember Masin said that she did not think it would be appropriate to schedule this
meeting since the Council's rules require it be added to an agenda prior to the meeting. Councilrnember
Carlson stated that the item could be placed on the special City Council agenda for discussion next
week. Mayor Awada added that the motion to direct the scheduling of a special City Council meeting is
not the same as a motion directing a particular action. Councilmember Bakken said that technically it
would be suffident to provide direction to staff by Council consensus.
Councilmembers agreed to direct this item be placed on an upcoming special City Council
agenda.
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City Administrator Hedges mentioned that the architect and park planner have been retained.
He added that a kick-off celebration is planned for October 2 at City Hall. He said that it is antidpated
that a web site will be developed to provide the public with an opportunity to follow the progress and
will also provide an opportunity for the public to provide their input. He stated that some of the focus
groups were appointed at the spedal City Council meeting preceding the regular meeting. He noted
that the special meeting would be reconvened following the regular meeting to complete the
appointment process.
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A. Personnel Items
Item 1. It was recommended to approve the hiring of Thomas Murry as a seasonal park maintenance
worker.
Item 2. It was recommended to approve the hiring of Guy Dawson as a seasonal touch football offidal.
Item 3. It was recommended to approve the hiring of Noel Voss as a seasonal recreation leader.
Item 4. It was recommended to approve the hiring of Melissa Franson as a seasonal preschool
instructor/recreation leader.
B. 2000/2001 D.A.R.E. and Police Liaison Agreement between School District #196 and the City of
Eagan. It was recommended to approve the 2000/2001 D.A.R.E. and police liaison agreement between
School District #196 and the City of Eagan.
C. Final Subdivision, Slumberland. It was recommended to approve a Final Subdivision to create two 00- 5 5
lots on 6.7 acres located on Northwood Parkway north of Byerly's and south of The Horne Depot in the
SE 1f4 of Section 10.
D. Findings of Fact, Conclusions & Resolution of Denial- Crane Creek Addition. This item was
continued to the October 17,2000 City Council meeting.
EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000
PAGE4
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E. Final Plat and Final Planned Development - Life Time Fitness Addition, FCA Real Estate Holdings,
LLC. It was recommended to approve a Final Planned Development to allow a 159 stall parking lot 00 - 5 4
upon 2.4 acres of land located north of Cliff Road and west of Thomas Center Drive (comprising the
northern one third of Outlot A, Safari at Eagan 2nd Addition) within the southwest 1,4 of Section 28 and a
Final Plat (Life Time Fitness Addition) combining the northern one third of Outlot A, Safari at Eagan 2nd
Addition with adjacent Lot 1, Block 1, Safari at Eagan 2nd Addition.
F. Submission of the 2001 Funding Application to Dakota County for the Community Landfill
Abatement Funds. It was recommended to approve the submission of the Cities of Bumsville/Eagan
2001 funding application for $83,560 from Dakota County to operate a recycling program for the Cities
of Burnsville and Eagan.
G. Project 784, approve Easement Acquisition Agreement (Louis Lane - Street & Utility Improvements).
It was recommended to approve an Easement Acquisition Agreement for Parcel 10-03800-011-01 (660
Lone Oak Road) regarding said easements for Project 784R (Louis Lane - Street and Utility
Improvements) and authorize the Mayor and Deputy City Oerk to execute all related documents.
H. Purchase data network equipment for the Institutional Network (INET) along with Independent
School District 191 and the City of Burnsville. It was recommended to approve the purchase of data
network equipment for the Institutional Network (INET) along with Independent School District 191
and the City of Bumsville.
1. Project 99-L acknowledge completion/authorize City maintenance (Southern Lakes West - Street &
Utilities). It was recommended to acknowledge the completion of Contract 99-J (Southern Lakes West-
Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty
provisions.
J. HIring of Stahl Construction Company as the Construction Manager of the Central Park Community
Center Complex. It was recommended to approve Stahl Construction Company as the Construction
Manager of the Community Center/Central Park.
K. Metropolitan 9-1-1 Board Non-Disclosure Agreement. It was recommended to approve the
Metropolitan 9-1-1 Board Non-Disclosure Agreement and authorize the Mayor and Deputy Oerk to
execute all related documents.
L. Contract 00-01, approve Change Order #2 (Water Treatment Facilities - Masonry Restoration). It
was recommended to approve Change Order #2 to Contract 00-01 (Water Treatment Facility - Masonry
Restoration) and authorize the Mayor and Deputy City Clerk to execute all related documents.
M. Telecommunications Antenna Lease Agreements - Metricom. It was recommended to approve the
telecommunication lease agreements with Metricom for antenna installations on the Safari and Yankee
Doodle Reservoirs and authorize the Mayor and City Clerk to execute all related documents.
N. Extension for recording the Final Plat. Northwood Business Park 2nd Addition (Rock Cliff
Development). It was recommended to approve a 30-day extension for the recording of the Final Plat
for Northwood Business Park 2nd Addition.
O. Receive petition/ order public hearing - right-of-way vacation (Robert O'Neill Homestead). It was
recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be
held on October 17,2000.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
Consent Agenda. Aye: 5 Nay: 0
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EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000
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CLARIFICATION OF CONDITIONS OF APPROVAL FOR MEGA EXCAVATING
CONDITIONAL USE PERMIT
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mark Pieper, applicant, explained why the fence was not installed as required in the conditions
of the CUP. He stated that there was no gate or entry to the adjacent lot. He added that the removal of
the berm would be necessary if the fence were installed in the middle of the property. He said that the
intent of the berms was to provide screening from Red Pine Lane.
Mayor Awada asked what authority the City has to revoke a Conditional Use Permit. City
Attorney Dougherty said that the City Council has the ability to revoke a CUP based on suffident
findings.
}...1r. Peiper said it was his understanding that he had one year to meet the conditions of the CUP
approved in May of 2000. Senior Planner Ridley stated that the minutes reflect that the conditions of the
most recent CUP needed to be met by the end of August. He added that there were also zoning
violations related to items being stored that were not permitted with either of}...1r. Peiper's CUPs.
Councilmember Carlson suggested that this item be continued for one month to allow staff time
to compile all of the relevant information to be forwarded to the City Council and to }...1r. Peiper with
regard to the status of the property and the outstanding zoning violations.
Discussion occurred regarding the status of CUPs and that the Council has the right to revoke
the CUP for noncompliance of the conditions.
Councilmember Carlson stated that the purpose of the fence is to ensure that certain uses are
restricted to particular parts of the property.
Mayor Awada stated that it was expected that the asphalt surface be installed prior to October
17,2000.
Councilmember Blomquist moved, Councilmember Carlson seconded a motion to continue the
request for clarification of the conditions of approval for a Conditional Use Permit allowing the outside
storage of various construction, landscape and refuse (hauling) related equipment on property located
at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE % of Section 36
to the October 17, 2000 City Council meeting with the understanding that the asphalt surface be installed
prior to that time. Aye: 5 Nay: 0
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REZONING & PRELIMINARY SUBDIVISION - MENDOT A HOMES, INC.
(CLIFF WOODS OF EAGAN)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report noting that the City Forester recommended the addition of the following condition:
To ensure the survival of many large oak trees intended to be preserved within this site, the
applicant shall have a Tree Preservation Management Plan, prepared by a certified consulting forester or
arborist with experience in tree preservation as it relates to construction activities. This tree
management plan shall be submitted and approved by the City Forestry Department prior to
commencing any grading or construction activity and prior to final plat approval.
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EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19,2000
PAGE 6
John Mathern, applicant, was available for questions.
Pam Larkin, 1747 Galaxie Court, said that her main concern with the development was the
access off Galaxie Avenue. She requested that signage be installed stating that no passing is allowed on
the shoulder.
Mayor Awada suggested that a hidden driveway sign be installed. Councilmembers agreed to
the installation of the sign.
Mayor Awada moved, Councilrnember Bakken seconded a motion to approve a Rezoning from
A, Agriculture, to R-l Single-family Residential, for approximately 1.25 acres located at the southeast
comer of Galaxie Avenue and Cliff Road in the NE 1;4 of Section 32. Aye: 5 Nay: 0
Mayor Awada moved, Councilmember Bakken seconded a motion to approve a Preliminary
Subdivision (Cliff Woods of Eagan) to create 3 single-family lots on approximately 1.25 acres located at
the southeast corner of Galaxie Avenue and Cliff Road in the NE 1/4 of Section 32, with a Variance La
create two lots with access provided only by private easement, subject to the following conditions:
1. The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3, 1993:
Al, Bl, B2, B3, Cl, C2, Dl, El, and Hl
2. The property shall be platted.
3. Grading for the proposed house pads shall maintain slopes of a minimum of 2%.
4. A cash water quality dedication will be required in lieu of on-site ponding. In
accordance with City policies, the amount of the cash dedication is based on the cost of
the land and pond volume needed to reduce phosphorous export to undeveloped
conditions.
5. The final plat shall dedicate an additional ten feet of right-of-way to the County for Cliff
Road. Restricted access along the entire length of the development adjacent to Cliff
Road shall be dedicated on the final plat.
6. Cross easements for use and maintenance of the private drive shall be executed prior to
final subdivision approval and recorded with the final plat.
7. The applicant shall install 12 Category B trees (Sugar Maple and Greenspire Linden)
throughout the site as shown on the planting plan dated 8/8/00, which shall be revised
to show no trees planting within the public right-of-way.
8. To maximize survival chances of the large oak trees that the applicant is attempting to
preserve on this site, tree protection fencing shall be installed at the greatest distance
possible from the trees and also shall be inspected by the City Forestry Division before
any grading or construction on the site begins.
9. A cash park and trail dedication will be required and is payable prior to recording of the
final plat at the rate in effect at that time.
10. To ensure the survival of many large oak trees intended to be preserved within this site,
the applicant shall have a Tree Preservation Management Plan, prepared by a certified
consulting forester or arborist with experience in tree preservation as it relates to
construction activities. This tree management plan shall be submitted and approved by
the City Forestry Department prior to commencing any grading or construction activity
and prior to final plat approval.
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000
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00265
Aye: 5 Nay: 0
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SCHEDULE SPECIAL CITY COUNCIL MEETING TO CANVASS BALLOTS FOR
ELECTION RECOUNT
. Mayor Awada moved, Councilmember Bakken seconded a motion to schedule a special City
Council meeting for September 21, 2000 at 4:00 p.m. or for September 22 at 12:00 p.m., if necessary, in
the Council Chambers for the purposes of re-canvassing the ballots from the September 12, 2000 Primary
Election. Aye: 5 Nay: 0
SCHEDULE SPECIAL CITY COUNCIL MEETING TO MEET WITH COMMUNITY
CENTEWCENTRALPARKFOCUSGROUPS
Mayor Awada moved, Councilmember Bakken seconded a motion to schedule a special City
Council meeting for October 2 at 6:30 p.m. to meet with the Community Center/Central Park focus
groups for a kick-off event. Aye: 5 Nay: 0
PROJECT 768, NORTHWOOD P ARKWA Y
(STREET AND UTILITY IMPROVEMENTS)
Director of Public Works Colbert provided an overview on this item.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to schedule a
public hearing for Project 768 (Northwood Parkway - Street and Utility Improvements) to be held on
October 3,2000. Aye: 5 Nay: 0
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The meeting adjourned at 8:30 p.m. to an Executive Session to discuss labor negotiations with
the dispatcher unit. Present were Mayor Awada and Councilrnembers Masin, Carlson and Bakken, City
Administrator Torn Hedges, and City Attorney Mike Dougherty.
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SEPTEMBER 19, 2000
Date
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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.