09/05/2000 - City Council Regular
002~~5
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Mll1nesota
September 5, 2000
A regular meeting of the Eagan City Council was held on Tuesday, September 5, 2000 at 6:30 p.m.
at the Eagan Munidpal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist,
Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley,
Director of Public Works Tom Colbert, and City Attorney Mike Dougherty.
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Police Chief Therkelsen introduced Richard Evans, Thomas Fadden and Nathan Taarud and
highlighted each of their backgrounds. City Administrator Tom Hedges administered the oath of office
to the police officers.
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City Administrator Hedges noted that item A under Old Business regarding the appointments to
the Community Center Task Force and Focus Groups was lacking information on applicants that had
been submitted via e-mail over the holiday weekend. The Council agreed to continue the issue until a
spedal Council meeting to be held September 19, 2000.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue the
appointments to Community Center Task Force and Focus Groups until a workshop to be held on
September 19,2000. Aye: 5 Nay: 0
Councilmember Masin requested that item J of the Consent Agenda regarding Project 779 and
item V of the Consent Agenda regarding a Lease approval for Wescott Commons basketball court be
pulled from the Consent Agenda for discussion.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the
agenda as amended. Aye: 5 Nay: 0
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Councilmember Masin asked Mayor Awada if she owned a sign business. Councilmember Masin
stated she thought it might present a conflict of interest regarding the Mayor's vote on a motion on page
three of the minutes regarding a public hearing dealing with the sign ordinance. Mayor Awada stated
she did own a sign company but that fact had no relevance to the sign ordinance issue.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
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Councilmember Bakken requested the following changes to the minutes of the August 15, 2000
meeting:
The first sentence in the third paragraph on page one should be revised as follows: "Mayor
Awada stated that Personnel- Item 7, Termination of the employment of David Koski, a utility
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000
PAGE 2
002i~6
maintenance worker, would be separated from the Consent Agenda and considered separately at the
rCe7/lcst of Mr. Koski's attorne1J."
The first sentence in the third paragraph on page three should be revised as follows: "This item
was pulled from the Consent Agenda at the request of Mr. Koski's attorney."
After the first sentence in the second paragraph on page six under Minor Subdivision - BrucE'
Konold (Konold Addition), the following sentenced should be added: "All voted in favor."
Councilmember Bakken moved, Mayor Awada seconded a motion to approve the minutes as
amended. Aye: 5 Nay: 0
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Tom King informed the Council that a plat by Royal Oaks Realty on the border of Inver Grove
Heights and Eagan which had been previously reviewed and commented on by the Eagan City Council
had been revived and was being reviewed by the Inver Grove Heights City Council. He stated that
changes had been made regarding a third access by way of a private easement that he felt the Council
should be aware of. Councilmember Carlson expressed concern over the size of the easement and loss of
control by Eagan. City Attorney Dougherty stated he would check into the matter and provide the
Council with further information.
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City Administrator Hedges stated that 1400 letters would be going out to residents to inform
them that FEMA is extending their time in Eagan until the end of the month and that loan applications
for storm damage from the July 7, 8 and 9th storms are still being accepted. He further stated that debris
pickup will also continue every Friday.
CENTRAL PARK UPDATE
City Administrator Hedges updated the Council and audience on the progress of the Central
Park. He stated that the architectural firm TDKA has been selected and will collaborate with a firm in
Columbus, Ohio.
<:ONSENTAGENPA
A. Personnel Items
Item 1. It was recommended to approve the hiring of Thomas Stephes as a part-time building
maintenance worker.
Item 2. It was recommended to approve the hiring of Scott Peterson as a building inspector.
Item 3. It was recommended to approve the hiring of Bryan Duerr, Martha Wilfahrt and Lindsay Stemig
as seasonal park attendants.
Item 4. It was recommended to approve the hiring of Brian Banaszewski as a seasonal park maintenance
worker.
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EAGAN CITY COUNCIL MEETING MINUTF5; SEPTEMBER 5, 2000
PAGE3
Item 5. It was recommended to approve the hiring of Brad Champlin, Jeff Freeman and Ken Freeman as
seasonal football offidals.
Item 6. It was recommended to approve the hiring of David Schomburg and Bruce Barry as seasonal
basketball scorekeepers.
B. Confirmation of Findings of Fact, Conclusions and Resolution of Denial- Konold Addition. It was
recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of the Minor 00 - 5 3
Subdivision request of Bruce Konold for a 17,168 square foot lot located north of Lone Oak Road and
west of Pilot Knob Road in the SE 1/4 0 Section 4.
C. Resolution declaring October 8-14,2000 as "Building Ouality Communities Week". It \VdS 00- 5 2
recommended to declare October 8-14, 2000 in the City of Eagan as "Building Quality Communities
Week".
D. Verdant Hills 2nd Addition. It was recommended to approve the Escrow Agreement for the Verdant
Hills 2nd Addition and authorize the Mayor and Deputy City Clerk to execute all related documents.
E. Commerdal Trash Hauler License for Armor Waste System. It was recommended to approve a
commerdal trash hauler license for Armor Waste System.
F. Permit Renewal to Operate Motorized Golf Cart, Michael Krolick. It was recommended to approve a
permit renewal to operate a motorized golf cart on designated streets for Michael Krolick.
G. Comprehensive Guide Plan Amendment and Rezoning - City of Eagan. It was recommended to
approve and implement a Comprehensive Guide Plan Amendment to establish a land use
designation of D-I, Single Family Residential, upon approximately .46 acres of land located south of
Hwy. 55 and northeast of Black Oak Drive, east of the NE 1/4 of Section 12.
H. Extension for Recording Final Subdivision (Pfeifer Addition) - Gene and Brenda Pfeifer. It was
recommended to approve a 60 day extension for recording the final subdivision for Pfeifer Addition.
1. Appointment Data Practices Coordinator. It was recommended to approve appointing
Administrative Secretary/Deputy Clerk Maria Karels as the City's Data Compliance Offidal in
conformance with the requirements of the Data Practices Law.
J. Project 779, Dodd Road - Diffley Road to Wescott Road Street & Utility Improvements. This item
was separated from the Consent Agenda.
K. Project 742, Wescott Woodlands Final Assessment Roll. It was recommended to receive the Final
Assessment Roll for Project 742 (Wescott Woodlands - Street and Utility Improvements) and
schedule a public hearing to be held on October 3, 2000.
L. Project 790, Central Parkwav Street & Utility Improvements. It was recommended to receive the
draft feasibility report for Project 790 (Central Parkway - Street and Utility Improvements) and
schedule a public hearing to be held on October 3, 2000.
M. Approve Right-of-Way Fadlities Use Agreement, Metricom. It was recommended to approve the
Right of Way Fadlities Use Agreement for Metricom, Ine., and authorize the Mayor and Deputy City
Clerk to execute all related documents.
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EAGAN CIn' COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000
PAGE 4
N. ROW Ordinance Amendment - Authorize Publication of Summary. It was recommended to approve
the official summary of the Right of Way Ordinance as provided by the City Attorney's office.
O. Contract 00-12, MVT A - Eagan Transit Station Sanitary Sewer Improvements. It was recommended
to receive the bids for Contract 00-12 (MVT A Eagan Transit Station - Sanitary Sewer Improvements),
award the contract to Design Excavating lne., for the Base Bid in the amount of $88,555.00, and
authorize the Mayor and Deputy City Clerk to execute all related documents.
P. Contract 00-08, Utility Improvements - Chapel Hill Baptist Church. It was recommended to approve
the final payment for Contract 00-08 (Chapel Hill Baptist Church - Utility Improvements) in the
amount of $3,264.30 to Burschville Construction, lne., and accept the improvements for perpetual
City maintenance subject to warranty provisions.
Q. Project 96-X, Eagandale Corporate Center. It was recommended to acknowledge the completion of
Contract 96-X (Eagandale Corporate Center - Grading Improvements) and authorize perpetual City
maintenance subject to warranty provisions.
R. Project 709R TH 13/Blackhawk Road - Traffic Signal Agreement. It was recommended to approve a
Traffic Control Signal Agreement for Project 709R (TH 13/Blackhawk Road - Divided Four-Lane
Upgrade) with the Minnesota Department of Transportation and authorize the Mayor and Deputy
City Clerk to execute all related documents.
S. Project 50, Hwy 55/Blue Water - So. Frontage Road. It was recommended to cancel Project 750
(Hwy. 55/Blue Water - South Frontage Road) and the public hearing scheduled for September 19,
2000 and authorize the preparation of a revised Feasibility Report for Project 750"R" (Hwy.55/Blue
Water - Signal and Access Modifications).
T. Cinnamon Ridge 2nd Addition (Lot 13, Block 1) Easement Vacation. It was recommended to approve
the corrected legal description of the vacation of a portion of a public drainage and utility easement
for Lot 13, Block 1, Cinnamon Ridge 2nd Addition.
U. Park Planner Consultant Community Center / Central Park Project. It was recommended to
recommend the hiring of Damon Farber Associates, lne. for the master parks planning for the Central
Park site.
V. Consent to sign for a 2-year lease of basketball court space at 916 Wescott Square from lohn Sowards,
Theresa Sowards and LA. Management. This item was separated from the Consent Agenda.
W. 2000 LOCAL Water Resources Management Plan Grant Application, Metropolitan Council. It was
recommended to submit a grant application to the Metropolitan Council to support development and
incorporation into city code ordinances.
Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the
consent agenda as amended. Aye: 5 Nay: 0
In regard to Item ], Project 779, Dodd Road - Diffley Road to Wescott Road Street & Utility
Improvements, City Administrator Hedges provided an overview and stated that an informational
meeting is scheduled for September 18, 2000 and notices would be sent out. He further stated that the
public hearing for this item would be held on October 3, 2000.
Jim Yarosh, an attorney representing the citizens group "Neighbors First" requested an extension
of one month before the neighborhood meeting to allow the group to gather more information in an effort
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EAGAN CI1Y COUNCIL MEETING MINUTF5; SEPTEMBER 5, 2000
PAGES
to offer informed ideas and suggestions in response to the draft feasibility report. The Council agreed to
a request for an extension of time. Public Works Director Colbert suggested that Council attend the
information meetings to help give direction to staff throughout the process in response to dtizen
suggested alternatives.
Mayor Awada moved, Councilmember Carlson seconded a motion to receive the draft feasibility
report on Project 779, (Dodd Road - Diffley to Wescott) and set a workshop date for October 26, 2000, a
public hearing on November 21,2000 and direct staff to hold an informational meeting before each
Coundl meeting. Aye: 5 Nay: 0
In regard to Item V, Consent to Sign for 2-Year Lease of Basketball Court Space at 916 Wescott Square
From Tohn Sowards, Theresa Sowards and LA. Management City Administrator Hedges discussed the
liability for the basketball court space. City Attorney Dougherty stated that the City's general liability
coverage would include the leased basketball court space.
Councilmember Bakken moved, Councilmember Masin seconded a motion to authorize Mayor Pat
Awada to sign a lease agreement for basketball court space at 916 Wescott Square. Aye: 5 Nay: 0
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VARIANCE - DONOVAN & BEVERLEY WOLFE, OF 2% TO THE 20% MAXIMUM LOT
COVERAGE ALLOWED IN AN R-l RESIDENTIAL ZONING DISTRICT
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she
closed the public hearing and turned the discussion back to the Council.
Councilmember Masin moved, Mayor Awada seconded a motion to approve a variance for
Donovan & Beverley Wolfe, of 2% to the 20% maximum lot coverage allowed in an R-l (Single Family
Residential zoning district for Lot 7, Block 10, Cedar Grove No.7), located at 4093 Halite Lane in the SE 1/4
of Section 20. Aye: 5 Nay: 0
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APPOINTMENTS TO COMMUNITY CENTER TASK FORCE & FOCUS GROUPS
Under the Adoption of the Agenda, City Administrator Hedges noted that this item was lacking
information on applicants that had been submitted via e-mail over the holiday weekend. The Coundl
agreed to continue the issue until a spedal Council meeting to be held September 19, 2000. The
subsequent motion was made:
Counci1member Carlson moved, Counci1member Bakken seconded a motion to continue the
appointments to Community Center Task Force and Focus Groups until a workshop to be held on
September 19,2000. Aye: 5 Nay: 0
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EAGAN CI1Y COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000
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AMENDMENTS TO THE DRAFT COMPREHENSIVE GUIDE PLAN - CITY OF EAGAN
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report and referenced the voluminous letters received and included in the Council packet.
Mayor Awada opened the meeting for public comment.
Two residents spoke in favor of the suggested changes in land use of the four areas dting the
need for affordable housing in Eagan for the first-time homebuyer, the elderly and employees who work
in Eagan.
A resident spoke in opposition to the change in land use of the site located in the SE Eagan /Gun
club area citing the following reasons which were also discussed at the Advisory Planning Commission
meeting:
. Ample multi-family housing already exists in Eagan
. Incompatibility with the existing area
. Increase in traffic and safety concerns
. Lack of capadty at Red Pine Elementary
. Decrease in property values
. No access to other resources, i.e. bus lines, retail
. Safety regarding the proximity of gun club
Several residents spoke against changing the land use designation in the SW Thomas Lake area
because multi-family is too dense and because of the potential impact on the water quality of Thomas
Lake. Other reasons for opposition included traffic concerns, potential drainage problems, and the
density impact on schools.
Two residents spoke in favor of the change in land use designation in the SW Thomas Lake area
because of topography and proximity to adjacent commerdal uses.
Mayor A wada noted that a petition had been received from area residents opposing the change
in land use designation in the SW Thomas Lake area.
Councilmember Bakken stated he did not support changing the land use designations in any of
the areas.
Councilmember Bakken moved, Mayor Awada seconded a motion to reaffirm the current
proposed guide plan land use designations.
Councilmember Blomquist stated there is a need for affordable housing in Eagan. She further
stated that there are infrastructure problems that should be addressed prior to the land use designation
issues. Councilmember Bakken stated that the infrastructure issues were addressed in the concerns that
were previously discussed. He stated there is a waiting list for housing in Eagan and would not want the
City to repeat mistakes made by other areas in increasing density, but would rather focus on current
housing. Councilmember Masin stated that infrastructure needs to be addressed before any more
development in Eagan occurs. She asked about other sites that could possibly be used for multiple
housing developments. City Administrator Hedges stated that staff is evaluating the Cedarvale area for
possible life cycle housing.
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EAGAN Cln' COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000
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Mayor Awada discussed the Metropolitan Council standards for livable communities. She stated
that the Metropolitan Council had asked the City of Eagan to consider more multiple housing. She asked
the City Attorney about the legal authority of the Metropolitan Council in regard to denying the City's
Comprehensive Guide Plan. City Attorney Dougherty stated that the Metropolitan Council cannot
legally deny the City's plan. Mayor Awada stated she supported the motion to make no changes to the
current proposed land use designations. Counci1member Masin stated she was not in favor of rezoning
the SE Eagan/Gun Clun area but was open to the rezoning of the other three parcels depending upon
specific development proposals. Councilmember Blomquist stated she felt the issue is premature, that
there are other issues that need to be dealt with.
A vote was taken on the motion. Aye: 3 Nay: 2. Councilmembers Masin and Blomquist
opposed.
Mayor Awada stated that this action does not preclude multi-family housing in the future, but
would prefer the Council see specific development proposals.
FINAL PLANNED DEVELOPMENT AND PRELIMNARY SUBDIVISION (CRANE CREEK),
WENSMANN REAL IT, TO ALLOW THE CONSTRUCTION OF 64 TOWNHOMES (WITHIN 17
BUILDINGS) UPON A SITE LOCATED SOUTH OF TRUNK HIGHWAY 55 AND EAST OF RITA
COURT IN THE NE V4 OF SECTION 12
City Administrator Hedges presented an overview of the proposed subdivision. Senior Planner
Mike Ridley provided background on the proposal and discussed the recommendations of the Advisory
Planning Commission made at their August 22, 2000 meeting.
Mayor Awada opened the meeting for public comment.
A property owner, adjacent to the subject property, spoke referendng a petition that 80 - 90% of
the neighborhood had signed in opposition to the proposed development. Several other residents spoke
in opposition to the proposal dting traffic, safety for children, access, substandard road width,
assessments, emergency vehicle access, buffering, density, the possibility of the townhomes becoming
rental units, and lack of a trail.
Mayor Awada asked about the turn around radius for emergency vehicles. Senior Planner Ridley
stated it had been evaluated and was suffident. Mayor Awada asked the residents to voice their opinion
regarding the current zoning of the subject property. Several residents stated they felt the zoning was
improper for the area.
Terry Wensmann, applicant, stated that the number of units for the proposed development had
been decreased from the original plan. He discussed the potential number of children in the complex
versus the potential number if the development were single family. He stated there would be less
children in the townhome development. He further stated he would be willing to install fendng adjacent
to the single-family neighbors.
The Council, staff and Mr. Wennsman held a discussion regarding the number of projected daily
trips to and from the proposed development, street size, and proper access into the development.
Mayor Awada stated that the City has a duty to provide safe access to the site and suggested that
access could possibly be made via Chapel Lane or Louis Lane. Councilmember Blomquist stated she felt
that the maximum number of units that would maintain safety on the streets would be 40 units.
Councilmember Masin stated she felt the property is improperly zoned and her main concern is safety.
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EAGAN CI1Y COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000
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Councilmember Carlson stated she felt the property should be down zoned. City Attorney Dougherty
stated that the City could rezone the property to a lower density designation.
Councilmember Blomquist made a motion to approve the final planned development and
preliminary subdivision to allow only 40 units. City Attorney Dougherty stated that the Council cannot
reduce the number of units requested for approval unless the applicant is in agreement.
Councilmember Blomquist moved, Councilmember Carlson seconded a motion to direct the
preparation of Findings of Fact, Conclusions & Resolution of Denial for the final planned development
and Preliminary Subdivision (Crane Creek), Wensmann Realty, to allow the construction of 64
townhomes (within 17 buildings) upon a site located south of Trunk Highway 55 and east of Rita Court
in the NE V4 of Section 12. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct staff to
refund application fees to the applicant. Aye: 5 Nay: 0
Councilmember Carlson mov~d, Mayor Awada seconded a motion to direct staff to review a
potential change to the guide plan desfgnation. Aye: 5 Nay: 0
CERTIFICATION OF THE PRELIIMINARY 2001 PROPERTY TAX LEVY
APPROV AL OF THE 2001 PRELIMINARY 2001 GENERAL FUND OPERATING BUDGET,
APPROV AL OF THE TRUTH-IN-TAXATION HEARING DATES
AND CHANGE DECEMBER 2000 CITY COUNOL MEETING DATE(S)
City Administrator Hedges presented an overview of the items.
Councilmember Bakken moved, Councilmember Masin seconded a motion to approve
certification of the Preliminary 2001 Property Tax Levy. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the
preliminary 2001 General Fund Operating Budget. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the
Truth-in-Taxation hearing dates of December 4,2000 and December 11,2000. Aye: 5 Nay: 0
Council Bakken moved, Councilmember Carlson seconded a motion to reschedule the December
5,2000 City Council meeting date to December 4,2000. Aye: 5 Nay: 0
ADMlNISTRX1:1'\fEAGENDA
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City Administrator Hedges stated that dates need to be set for Council workshops.
Mayor Awada moved, Councilmember Bakken seconded a motion to set two Council workshop
dates, for September 19,2000 at 5:00 p.m. and September 26,2000 at 7:00 p.m. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Masin seconded a motion to hold a workshop
regarding Cedarvale on September 26,2000 at 5:30 p.m. Aye: 5 Nay: 0
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Councilmember Bakken moved, Councilmember Carlson seconded a motion to adjourn the
meeting at 10:35 p.m. to an Executive Session to discuss the Blomquist vs. City of Eagan assessment
I
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EAGAN CI1Y COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000
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appeal. Present were Mayor Awada and Councilmembers Masin, Carlson and Bakken, City
Administrator Tom Hedges, Director of Public Works Colbert, Acting Finance Director Tom Pepper, City
Attorney Mike Dougherty and Jack Clinton, attorney for the City of Eagan.
SEPTEMBER 5, 2000
Date
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Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535).
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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.