05/16/2000 - City Council Regular
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001.52
MINUTES OF A REGULAR MEETING Of THE
EAGAN CITY COUNOL
Eagan, Minnesota
May 16, 2000
A regular meeting of the Eagan City Council was held on Tuesday, May 16, 2000 at 8:00 p.m. at
the Eagan Munidpal Center. Present were Mayor Awada and Counci1members 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 Jim Sheldon.
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Chief of Police Kent Therkelsen introduced Officer Hugh Curry. Deputy City Clerk Karels
administered the Oath of Office to Officer Curry.
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Counci1member Bakken moved, Councilmember Carlson seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
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Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
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Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0 .
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Coundlmember Bakken moved, Councilmember Carlson seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
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Resident Margo Danner commented on the new runway at MSP International Airport and
encouraged anyone who lives within a mile of Cedar Avenue to attend two informational meetings
being conducted by MAC on May 23 from 5:00 p.m. to 8:00 p.m. at the Community Room in City Hall
and on May 25 from 5;00 p.m. to 8:00 p.m. at the Royal Cliff Banquet Fadllty. She also encouraged the
City to send letters to residents who live along the flight paths informing them of the upcoming
meetings. She further encouraged residents to vote "Yes" on June 6 for the community center bond
referendum. She mentioned that the Friends of the Central Park will be conducting a rally and
informational open house at the Central Park site on June 3 from 12:00 p.m. to 3:00 p.m. and extended an
invitation to the public to attend.
Jim Blair stated that for the past five years he has been cablecasting for the City. He said that
June 1 would be his last day working for the City and thanked the City Council for the experience.
Cindy Fields, 4725 Weston Hills Drive, said that she ran for the School Board last fall and there
were 14 candidates. She spoke in support of a primary election and added that it will help eliminate the
people who are not serious in running for an elected office.
Paul Carlyon, 3906 Canter Glen Drive, also spoke in support of a primary election and stated
that it will provide an opportunity for the public to get to know the candidates better.
001.53
EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16,2000
PAGE 2
Michael Vincent, 3786 Windtree Drive, commented on possible misrepresentations that have
been made when the Council has been discussing the "confidential documents" related to a lawsuit
against the City of Eagan, Mayor Awada and Councilmembers Carlson and Bakken. He added that a
number of explanations have been offered as to why he received documents that were marked
confidential. He submitted a letter that he read into the record and asked Recording Secretary Karels to
ensure that his comments were included. (A copy of the letter was placed in the Administrative file.)
Mayor Awada questioned if a letter was going to be sent to residents in the Cedar Grove area
with regard to the upcoming MAC meetings. City Administrator Hedges stated that no discussion has
occurred at the staff level with regard to sending out notification of the upcoming meetings; however,
he added that information has been published in the newspapers and the resident newsletter.
Counci1member Masin suggested that information be placed on channels 15 and 16. City Administrator
Hedges stated that a community journal piece could be produced that would show clips of the meetings
on May 23 and 25. Assistant City Administrator Jamie Verbrugge stated that a community journal is
planned for June. City Administrator Hedges said that the newsletter could contain a feature story
about the North/South runway. Counci1members concurred with the notification methods as
discussed.
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Counci1member Masin moved to adopt the City of Burnsville's process for recording City
Council minutes. Mayor Awada stated that the Council had agreed that motions would not be made
under "Comments by City Council." Counci1member Masin requested a copy of the minutes from the
meeting where the Council had taken that action. Mayor Awada added that any two Councilmembers
or the Mayor can add additional items to the agenda the Friday or Monday before the Council meeting.
Councilmember Masin said she thought the Council could add something during a meeting.
Councilmember Carlson suggested it be discussed at a spedal City Council meeting. Coundlmember
Bakken stated that an item could be added in the case of an emergency but said this item could wait for
a future meeting. Mayor Awada reiterated that Councilmember Masin could add this item to a spedal
City Council agenda as long as she had a second for her request and advance notification is given.
Councilmember Carlson said she would be willing to discuss being a second to Counci1member Masin's
request following the meeting. Councilmember Bakken said he was concerned about following
procedures and added that he did not want to forego providing the public with an opportunity to be
informed about this item.
A news clip from ChannelS, featuring the Building Inspection/Fire Marshal, regarding
structural/ design changes the staff had recommended at the Promenade Oaks apartment complex was
shown.
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City Administrator Hedges stated that requests have been received from Boy and Girl Scout
groups to help clean up the Central Park site. He added that they will be cleaning up the site on May 20.
He noted that there have been calls made to the Community Center hotline.
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A. Personnel Items
Item 1. It was recommended to approve the hiring of Jennifer Bolint, Ranae Thorman, Jessica Ofstedahl,
Thomas Halter, Amber Cohen, Nikki Christle, Allison Klee, Mamie Gulsvig and Paul Buske as seasonal
lifeguards for Cascade Bay.
Item 2. It was recommended to approve the hiring of Sarah Roth, Dane Sandvik, Jenna Oark and
Lauren Wilken as seasonal concessionaires for Cascade Bay.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 16, 2000
PAGE 3
00154
Item 3. It was recommended to approve the hiring of Josh Mills, Crystal Creighton and Kathryn Hem
as seasonal guest services workers for Cascade Bay.
Item 4. It was recommended to approve the hiring of Nicholas Lough, Bryce Zachery, Justin Page, Sean
Cosgrove and Nick Boland as seasonal operations/maintenance workers for Cascade Bay.
Item 5. It was recommended to approve the hiring of Eric Freeman and Richard Runde as seasonal
forestry technidans.
Item 6. It was recommended to approve the hiring of Paul Robertson as a seasonal park attendant.
Item 7. It was recommended to approve the hiring of Alexis Drews, John O'Toole and Jeffrey Van
Overbeke as part-time seasonal park maintenance workers.
Item 8. It was recommended to approve the hiring of Aaron Mlynek as a seasonal water resources
assistant.
Item 9. It was recommended to approve the hiring of Mira Broyles as a temporary recording secretary.
Item 10. It was recommended to approve the hiring of Tanda Gretz as a temporary planning
intern/weed inspector.
Item 11. It was recommended to approve the hiring of Carl Rascher as a temporary building inspector.
Item 12. It was recommended to accept the letter of resignation from Kevin Crooks, utility maintenance
worker.
Item 13. It was recommended to approve the Time Spent Profile (TSP) adjustments for the Community
Development Department GIS Technidan from Range G to Range H, the Community Development
Clerical Technidan II to Clerical Technidan III and the Community Development Secretary's TSP to H
exempt range and the change in title to Officer Supervisor.
Item 14. It was recommended to approve the City of Eagan Cascade Bay Drug and Alcohol Testing
Policy.
B. Amend polides and procedures governing application, review and recommendations regarding
grant of competitive cable franchises. It was recommended to approve amendment to the City's polides
and procedures governing application, review and recommendations regarding grant of competitive
cable franchises.
C. Contract 00-07, approve traffic signal agreement (TH 13/Blackhawk Road). It was recommended to
approve a traffic control signal agreement for Contract 00-07 (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.
D. Contract 00-11, approve plans/authorize ad for bids (Fish Lake Water Ouality Improvement). It was
recommended to approve the plans for Contract 00-11 (Fish Lake Outlet Pumping Station - Water
Quality Improvements) and authorize the advertisement for a bid opening to be held at the Eagan
maintenance fadlity at 10:30 a.m. on Thursday, June 1, 2000.
E. Project 742, approve easement acquisition agreement (Wescott Woodlands - Carriage Hills Golf
Course Utilities). It was recommended to approve and Easement Acquisition Agreement for parcels 10-
01400-010-25 and 10-01400-010-50 (Carriage Hills Country Club) regarding said easements for Project
742 (Wescott Woodlands - Street and Utility Improvements) and authorize the Mayor and Deputy City
Clerk to execute all related documents.
EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGE 4
00155
F. Contract 00-07, approve limited use permit (TH 13 - Trail). It was recommended to approve a
Limited Use Permit for Contract 00-07 (TH 13/Blackhawk Road - Divided four-Lane Upgrade) with the 00- 36
Minnesota Department of Transportation and authorize the Mayor and Deputy City Oerk to execute all
related documents.
G. Contract 00-08. receive bids/award contract (Chapel Hill Baptist Church - Utilities). It was
recommended to receive the bids for Contract 00-08 (Chapel Hill Baptist Church - Sanitary Sewer &
Water Improvements), award the contract to Burschville Construction for the Base Bid in the amount of
$29,584, and authorize the Mayor and Deputy City Oerk to execute all related documents.
H. Contract 98-24, approve Change Order No.2 (Blue Water Road/ authorize ad for bids (Lone Oak
Circle - Street Overlay). It was recommended to approve Change Order No.2 to Contract 98-24 (Blue
Gentian Road and Blue Water Road - Street and Utility Improvements) and authorize the Mayor and
Deputy City Clerk to execute all related documents.
I. Project 789, receive feasibility report/schedule public hearing/authorize ad forbids (Lone Oak Circle
- Street Overlay). It was recommended to receive the feasibility report for Project 789 (Lone Oak Circle
- Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of
detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at
11:00 a.m. on Thursday, June 15,2000.
J. Proclamation. observing Pause for Pledge of Allegiance on Tune 14 at 6:00 p.m. It was recommended 00-35
to proclaim June 14,2000 at 6:00 p.m. to be a time to "Pause for Pledge of Allegiance" in the City of
Eagan.
K. Final Plat. Oak Hills Church - Oak Hills Church, Inc. It was recommended to Final Plat, (Oaks Hills
Church Addition) to allow the creation of a 2.5 acre lot and a 4.6 acre outlot upon 7.1 acres of land
located south of Yankee Doodle Road and east of Coachman Road in the NW 1/4 of Section 16.
L. On-Sale liquor license for Cooper's Restaurant. It was recommended to approve the on-sale liquor
license for Cooper's Restaurant, Inc.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
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APPROVE 5 YEAR CAPITAL IMPROVEMENT PROGRAM (2001-2005),
PART nI (EXCLUDING PARKS)
City Administrator Hedges provided an overview on this item. No one was present in the
audience for this item.
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.
Counci1member Bakken moved, Councilmember Carlson seconded a motion to adopt the S-Year
(2001-2005) Capital Improvement Program Part III (Excluding Parks) and authorize its implementation.
Aye: 5 Nay: 0
PROJECT 750, TH 55 & BLUE WATER ROAD
(ACCESS MODIFICATIONS & SOUTH FRONTAGE ROAD)
City Administrator Hedges provided an overview on this item.
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EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGES
00156
Mayor Awada opened the public hearing to anyone wishing to speak.
The attorney representing Mary lmre, 2805 Dodd Road, expressed concern about the lack of
access to TH 55.
There being no one else wishing to speak, Mayor Awada closed the public hearing and turned
the discussion back to the Council.
Counci1member Carlson asked if there was MnDOT funding involved. Director of Public
Works Colbert noted that MnDOT's fiscal year is from July 1, 2000 to July 1, 2001 and the funds are
programmed for this timeframe.
Councilmember Carlson moved, Counci1member Bakken seconded a motion cancel Project 750
(Hwy.55 & Blue Water Road - Access Modifications). Aye: 5 Nay: 0
VACATE PUBLIC DRAINAGE AND UTILITY EASEMENT (LOT 27, BLOCK 1, CANTERBURY
fOREST) AND VARIANCE - GREG HAUPT, 1067 TIFFANY DRIVE
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.
Mayor Awada moved, Councilmember Bakken seconded a motion to approve the Vacation of a
portion of the public drainage and utility easements within Lot 27, Block 1, Canterbury forest, and
authorize the Mayor and City Oerk to execute all related documents. Aye: 5 Nay: 0
Counci1member Bakken moved, Coundlmember Carlson seconded a motion to approve a
Variance of 1.5 feet to the required five foot side yard setback for a garage addition at 1067 Tiffany
Drive, legally described as Lot 27, Block 1, Canterbury Forest, located in the SW 1/4 of Section 26 subject
to the following conditions:
1. If within one year after approval, the variance shall not have been completed or utilized,
it shall become null and void unless a petition for extension has been granted by the
Council. Such extension shall be requested in writing at least 30 days before expiration
and shall state facts showing a good faith attempt to complete or utilize the use
permitted in the variance.
2. The applicant shall obtain a building permit prior to beginning construction.
3. The proposed addition shall be constructed using materials to match the existing
structure.
Aye: 5 Nay: 0
VARIANCE - CUSTOM HOMES, INe.
(4521 ALIOA DRIVE)
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.
Kathy Trimble, representing Custom Homes and the home buyer, stated that this lot barely
meets the minimum requirements for size restrictions. She said that they angled the garage in an
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EAGAN CI1Y COUNCIL MEETING MINUTES; MAY 16,2000
PAGE 6
attempt to get a small backyard. She suggested that as the lot sizes in Eagan get smaller the Council
might want to consider possible deviations.
Jennifer Wilson, home buyer, commented on the spedal conditions associated with this lot. She
noted that the lot is odd shaped, small and surrounded by water. She added that the hardship is that
there is only a small portion of the lot that can be used for a yard. She further added that they meet all
the setback requirements and the neighbors do not have an issue with the variance.
. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned
the discussion back to the Council.
Counci1member Carlson moved, Counci1member Bakken seconded a motion to approve a 1
percent Variance to the maximum 20 percent lot coverage requirement applied to Lot 13, Block 1,
Southern Lakes West located in the SE 1;4 of Section 25.
Mayor Awada stated that the intent of the lot coverage is to ensure that a large house is not built
on too small of a lot. She noted the hardship in this case and added that it is not unrealistic to build a
house on a 13,000 square foot lot.
A vote was taken on the motion. Aye: 5 Nay: 0
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PROJECT 742, CANCEL FINAL ASSESSMENT HEARING
(WESCOTT WOODLANDS - STREETS AND UTILITIES)
City Administrator Hedges provided an overview on this item.
Councilmember Carlson moved, Counci1member Masin seconded a motion to cancel the final
assessment hearing for Project 742 (Wescott Woodlands - Streets and Utilities). Aye: 5 Nay: 0
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CONSIDER LOCAL PRIMARY ELECTION
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City Administrator Hedges provided an overview on this item.
Mike McGynn, 1451 Blackhawk Lake Drive, expressed his support for a primary election and
added that a primary will help clarify the issues and provide the voters with a better opportunity to
consider the candidates.
Ryan Kaess, 886 Wescott Trail, also expressed his strong support for a primary and said that it is
important to have the majority of the dtizens in the community voting for the people who are serving
the City.
Michael Vincent, 3786 Wind tree Drive, expressed his support for a primary.
Susan Widmar, 3716 Blackhawk Lake Court, said that she was representing the Eagan OPEn and
commented that four of 11 dties around the area have primaries and added that three of those four
dties have charter commissions. She noted that Eagan OPEn is committed to the formation of a charter
commission and added that the commission would essentially serve to audit City procedures.
Councilmember Masin said that at the last City Council meeting Karen Flood had reminded the
Council that they had discussed the formation of a task force to address election issues. She stated that
the Council should appoint a task force or look at the possibility of becoming a charter dty.
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EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGE 7
Counci1member Carlson asked why the Eagan OPEn would petition for a charter dty rather
than asking the City to check into the possibility. She stated that she supported a primary election and
added that it will help reduce the amount of lawn signs around the City. She further stated it will give
the people who initially file and later dedde they are not interested in running for office an opportunity
to bow out of the race. She further added that it gives the public an opportunity to get to know the
candidates better.
Counci1member Blomquist stated that she had no problem with a local primary. She added that
she envisions the City of Eagan becoming a charter dty and said she was grateful for the' people who
have taken the lead on this matter. She stated that part of the purpose of circulating a petition is to
educate the public.
Counci1member Masin stated that the City Council could ask for a charter commission and
asked Councilmember Carlson if she would be willing to second a motion to that effect. '
Counci1member Carlson suggested that Councilmember Masin talk to her about this matter after the
meeting.
Counci1member Carlson moved, Councilmember Bakken seconded a motion to approve a
resolution that elects to hold a munidpal primary election in accordance with Minnesota Statute 205.065,
directs that all action required under the statute be taken, resolves that the first munidpal primary
election be held in the year 2000 in accordance with the statute and is effective for all ensuing municipal
elections until it is revoked.
Counci1member Blomquist stated that approximately 18 months ago the City Council started to
address election issues but added that this is so little so late. She further added that there is a whole lot
more that the Council needs to do other than just approving a primary election. Counci1member Masin
said she opposed this action and said she would prefer to keep the Council's original promise and
appoint a task force or give support to a charter dty. Councilmember Bakken stated that he has mixed
feelings about a primary; however, the positives outweigh the negatives.
A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Masin opposed and
Councilmember Blomquist abstained)
Counci1member Blomquist said she was abstaining because she would like to see the City
consider a charter commission.
DRIVEWAY ACCESS REQUEST - COLLECTOR STREff
(DENMARK AVENUE - GARY BISBEE)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report.
Mayor Awada asked if the Council had ever approved a similar request. Director of Public
Works Colbert stated that some corner lots have been granted a secondary access to collector streets.;
however, the property owners must sign an agreement accepting the future street assessments
assodated with the secondary access.
Gary Bisbee, 1261 Windcrest Avenue, stated that he wanted to move his shed from the side of
the lot to the back of the property and also wanted a parking space for his motor home. Senior Planner
Ridley stated that it would be possible for the shed to meet setback requirements. He noted that the
new Recreational Vehicle Ordinance would allow for a trailer to be parked on the property as long as it
was properly screened. Mr. Bisbee added that he is removing the berm on his property and will be
constructing a fence after the berm has been leveled. He further added that he is going to construct a
retaining wall adjacent to his neighbor and a fence along the back of the property.
EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGES
001.59
Counci1member Blomquist noted that this is not the first property that has been granted
driveway access on to a minor collector. She noted that some residents have not even come to the City
Council to get a permit for a similar request. She further noted that Mr. Bisbee has done some nice
landscaping and installing a simple driveway is better than ruining the existing landscaping.
Councilmember Carlson asked how often the driveway would be used. Mr. Bisbee said he
would be using it about once per week. Counci1member Carlson stated that if this area is going to get
that much use Mr. Bisbee is probably in need of this access. Mr. Bisbee said that he plans on repairing
the sidewalk once the berm is removed.
Counci1member Masin said that typically when a development is constructed the City asks for
the installation of berms. She questioned if property owners needed permission to remove the berms.
Director of Public Works Colbert stated that this berm was constructed as a buffer between single family
and multi-family developments. He added that property owners do have the freedom to landscape
their property as they see fit and minor changes can be made to the topography of the lot as long as it
does not adversely impact drainage flows or utilities. City Administrator Hedges noted that there is no
protective easement on berms. Councilmember Blomquist stated that the worst example of the removal
of berms is along Lexington Avenue where all the residents installed fendng.
Counci1member Blomquist moved, Councilmember Masin seconded a motion to approve a
request for a new driveway access on to a Minor Collector street and authorize City staff to execute all
related right-of-way permits.
Councilmember Bakken stated that he was opposed to the motion and added that he is not
concerned about the temporary use but rather the long-term use. He said he was also concerned about
the precedent this would set. Mayor Awada said she was opposed for the same reasons.
A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Counci1member Bakken
opposed)
COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY SUBDIVISION
(SPENCER SPRINGS)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Tony Lund, applicant, said that this is a straightforward subdivision.
Mayor Awada inquired about the corridor and noise contour in this area. Assistant City
Administrator Jamie Verbrugge said that this subdivision is located in the 60 DNL and noise zone IV.
He added that the subdivision is not an ideal use; however, he stated that it is allowable. He said that
there are restrictions on home construction in this area. Senior Planner Ridley stated that the draft
Guide Plan denotes this as a spedal area. Mayor Awada said that if this area is reguided to single
family now then it would also be reguided to spedal area at a future date when the City Council adopts
the Comprehensive Plan update.
Councilmember Carlson said that these homes would be constructed according to sound
regulations. She stated that this might not be the best use for the property in the long term.
Mr. Lund said that the single family homes will be built according to ~e standards set forth by
MASAC and the City. Mayor Awada said that the City has been working on redeveloping the
Cedarvale area and this area requested to be removed from the study. She said that the City Council
took them out of the redevelopment area but not out of the spedal area. She further said that since this
area will be located within a noise impact zone buyout or insulation will eventually occur. She said that
the Council did indicate that this area would remain single family for the short term.
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EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGE 9
001.60
Mr. Lund stated that currently there are two homes on one lot. Counci1member Carlson stated
that the two new homes would be brought up to certain standards, which would be a positive. She
added that for the short term this area will remain residential but in the long term it will likely be
something else.
Councilmember Blomquist moved, Counci1member Carlson seconded a motion to approve a
Comprehensive Guide Plan Amendment changing the suggested use of 1.3 acres of land located north of
Silver Bell Road and east of Nicols Road (in the southwest V. of Section 18) from IND, Limited Industrial
to D-1, Single Family (0-3 units/acre).
Councilmember Carlson said it was her understanding that this property is not Limited
Industrial. Mayor Awada stated that it is currently guided Industrial but is proposed to be Spedal
Area. Councilmember Carlson questioned if it could be changed from Limited Industrial to Spedal
Area. Mayor Awada asked if the two existing homes were uninhabitable. Mr. Lund stated that one of
the homes was uninhabitable. Mayor Awada asked if the Council could restrict future subdivision from
occurring in an area that is subject to airplane noise.
City Attorney Sheldon stated that it would be possible but it would be necessary to start with a
comprehensive and detailed Comprehensive Guide Plan Amendment involving fine tuning of the
spedal area. Mayor Awada stated that this could be included in the Plan. Sheldon noted that the
Council could include standards that need to be adhered to in order to subdivide in these areas.
Senior Planner Ridley noted that there are six or seven areas in Eagan that are classified as
Spedal Area and further definition will occur once the Guide Plan update is complete. He added that
the zoning and Comprehensive Guide Plan need to be consistent.
A vote was taken on the motion. Aye: 5 Nay: 0
Counci1member Blomquist moved, Councilmember Carlson seconded a motion to approve a
Preliminary Subdivision entitled "Spencer Springs" located in the southeast % of Section 18 subject to
the following conditions:
1. The developer shall comply ~th these standard conditions of plat approval as adopted
by Council on February 3,1993:
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2. The property shall be platted.
3. The developer shall be responsible for the abandonment of any well or septic systems
within the subdivision, in accordance with City and County requirements.
4. An Individual Lot Tree Preservation Plan shall be required for Lot 1 and for Lot 2.
5. Tree protection measures (i.e. orange colored silt fence or four foot polyethylene
laminate safety netting) shall be installed at the Drip Line or at the perimeter of the
Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved.
6. The applicant shall contact the City of Eagan Forestry Division to set up a pre-
construction site inspection at least five days prior to the issuance of the grading permit
to ensure compliance with the approved Tree Preservation Plan and placement of tree
protection fencing.
7. The proposal shall be subject to a cash parks dedication and a cash trails dedication.
8. City Offidals make acceptable findings regarding the eight airport noise stipulations.
001.61.
EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGE 10
9. Architectural designs and construction methods for new construction within the
development incorporate sound attenuation standards suffident to achieve an interior
sound level of 45 DBA as compared with a noise level of 60 DNL. This will require an
inside noise level reduction of at least 15 DBA (DNL level minus required DBA level).
10. In lieu of on-site ponding, the development shall meet the City's water quality
requirements via a cash dedication.
11. The developer shall record information against the deed notifying future buyers that the
property is located within an airport noise corridor.
Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION (SAFARI AT EAGAN JRD ADDmON) AND A
PLANNED DEVELOPMENT AMENDMENT
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Gary Krueger, 4532 South Mallard Trail, stated that he lives behind Lifetime Fitness and the
property owners agree with most of the proposal. He said that they would like to ensure that a berm
and fence are constructed on the northwest corner of the property where the parking lot will be located.
He further said that they would like to have the berm on the north side of the fence landscaped with
evergreens and pines and also would like Lifetime fitness to maintain the fence. He requested that the
Council ensure that that the property is developed the way it is supposed to be and also ensure that the
elevation of the land stay as proposed.
Senior Planner Ridley stated that staff will make sure that the completion of the fence and berm
is a requirement of Phase I of the development. He added that Lifetime Fitness will maintain the fence.
Coundlmember Carlson stated that they do have the right to develop this property. Mayor Awada
noted that this development will be less dense allowed under the current Planned Development.
Coundlmember Bakken moved, Councilmember Masin seconded a motion to approve a
Preliminary Planned Development Amendment to allow three commerdal uses upon approximately 7.0
acres of land located north of Cliff Road and west of Thomas Lake Center Drive in the southwest Y4 of
Section 28 subject to the following conditions:
1. The City shall approve the Safari at Eagan 3rd Addition preliminary subdivision and the
developer shall satisfy all the conditions attached hereto.
2. The Preliminary Planned Development shall approve the following uses on site:
A 10,000 square foot, class I restaurant and assodated off-street parking upon a single
lot.
Two 12,000 square foot office buildings (two stories), two 5,500 square foot office
buildings (one story) and assodated off street parking upon a single lot
Parking lot expansion for Lifetime Fitness (to be combined with Lot 1, Block 1, Safari at
Eagan 2nd Addition)
3. The developer shall enter into a Preliminary Planned Development Agreement with the
City in accordance with Section 11.40 Subd. 6 of the City Code prior to the final Planned
Development application.
4. The term of the Preliminary Planned Development shall be 10 years from the date of
City Council approval.
001.62
EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGE 11
5. Prior to Council consideration of Final Planned Development for Lots 1 and 2, the
following plans shall be submitted:
Final Subdivision
Final Site Plan
Final Lighting Plan
Final Utility Plan
Final Grading, Drainage & Erosion Control Plan
Final Signage Plan
Final Building Elevations
6. Prior to Council consideration of Final Planned Development for Lot 3, the following
plans shall be submitted:
Final Subdivision
Final Site Plan
Final Lighting Plan
final Utility Plan
Final Grading, Drainage & Erosion Control Plan
Final Landscape Plan
7. The Applicant shall prepare and the City Attorney shall review and approve cross
parking and access easements for the development.
8. Proposed Lot 3 shall be combined with the adjacent Lifetime fitness lot (Lot 1, Block 1
Safari at Eagan 2nd Addition) as part of the Final Subdivision as approved by the City
Attorney.
9. No more than one pylon sign shall be allowed upon proposed Lot 1. All site signage
sign shall be in accordance with the City Sign Code.
10. All trash enclosures shall be attached to the principal building(s) and meet the
requirements of the City Code.
11. Perimeter lights shall be 18 feet with shields.
12. Heating/ cooling units shall be located on the interior sides of the office buildings and
screened from view of the residential area.
13. The restaurant shall install odor resistant exhaust system.
14. There shall be no separate bar area in the restaurant.
15. Additional landscaping shall be installed on the south side of the restaurant's access
drive.
16. There shall be no security lights on the back of the office buildings.
17. Completion of the fence and berm landscaping shall precede or occur concurrently with
the first phase of development.
Aye: 5 Nay: 0
001.63
EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGE 12
Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Preliminary
Subdivision (Safari Heights 3rd Addition) located north of Cliff Road and west of Thomas Center Drive
in the southwest % of Section 28 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:
A1, B1, B2, B3, B4, C1, C2, C4, D1, E1
2. Proposed Lot 3 shall be combined with the adjacent Lifetime Fitness lot (Lot 1, Block 1,
Safari at Eagan 2nd Addition) as part of the Final Subdivision.
3. The developer shall be responsible for the necessary improvements at the Thomas
Center Drive - Beacon Hill/Cliff Road intersection to provide a dedicated southbound
right-turn lane, including pavement markings and signal loop detector revisions.
4. The Final Subdivision shall provide a drainage and utility easement over Pond BP-39 up
three feet above its calculated high water level.
5. The development shall be responsible for obtaining all necessary permits from
regulatory agendes, including Williams Brothers Pipeline and Dakota County, prior to
Final Subdivision approval.
Aye: 5 Nay: 0
CONSIDER ARC RECOMMENDATION REGARDING PART 150 LAND USE OPTIONS
City Administrator Hedges provided an overview on this item. Assistant City Administrator
Jamie Verbrugge gave a staff report.
Discussion occurred regarding the Fair Property Disclosure Policy. Mayor Awada stated that it
should be made very clear that the proposed flight paths only affect small portions of Eagan that are
located within the noise zones. Assistant City Administrator Verbrugge suggested that a joint meeting
of the ARC and the City Council be held to discuss these issues.
Mayor Awada moved, Councilmember Masin seconded a motion to approve the
recommendation from the Eagan Airport Relations Commission to support inclusion of Land Use
Measure 9 (LU-9), with the restrictions, and Land Use Measure 10 (LU-10), for new construction only, in
the updated Metropolitan Airports Commission FAR Part 150 Study. Aye: 5 Nay: 0
ipmBl~&NflM~:.~~~~1
RESOLUfION AUfHORIZING THE ISSUANCE AND SALE Of $1,565,000
MUL TIFAMIL Y HOUSING REVENUE REFUNDING BONDS
City Administrator Hedges provided an overview on this item.
Coundlmember Masin moved, Coundlmember Carlson seconded a motion to approve a
resolution authorizing the issuance and sale of $1,565,000 Multifamily Housing Revenue Refunding
bonds (Crossroads of Eagan Project - FHA insured mortgage loan) Series 2000A, and $120,000 Taxable
Multifamily Housing Revenue bonds (Crossroads of Eagan Project - FHA insured mortgage loan) Series
2000B. Aye: 5 Nay: 0
ZONING ORDINANCE UPDATE
City Administrator Hedges provided an overview on this item.
001.64
EAGAN CITY COUNCIL MEETING MINUTF5; MAY 16, 2000
PAGE 13
Councilmember Blomquist moved, Councilmember Masin seconded a motion to authorize the
hiring of the Hoisington Koegler Group, me. at a base amount of $12,875 to work with staff under the
direction of the APC and City Council to update the City's Zoning Ordinance. Aye: 5 Nay: 0
PROJECT 787, CHAPEL HILL BAPTIST CHURCH
APPROVE SETTLEMENT AGREEMENTS FOR EASEMENT ACQUISITION
Director of Public Works Colbert provided an overview on this item.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
settlement agreements regarding the easement acquisition costs with the property owners of Parcels 10-
03400-010-51 and 10-03400-021-51 for Project 787 (Chapel Hill Baptist Church - Utility Extensions) and
authorize the Mayor and City Oerk to execute all related documents. Aye: 5 Nay: 0
CITY CONTRACT 99-07, SAFARI RESERVOIR
(REFURBISH & REPAINT)
Director of Public Works Colbert provided an overview on this item.
Councilmember Carlson moved, Coundlmember Bakken seconded a motion to approve the
contractor's request for extended operating hours for TMI Coatings, me., from 7:00 a.m. to 7:00 p.m.,
Sundays, including Memorial Day, until the scheduled completion date of June 9, 2000. Aye: 5 Nay: 0
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The meeting adjourned at 10:30 p.m.
MLK
MAY 16, 2000
Date
~K~
City Oerk
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