03/21/2000 - City Council Regular
00077
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
March 21, 2000
A regular meeting of the Eagan City Council was held on Tuesday, March 21, 2000 at 6:30 p.m.
at the Eagan Munidpal Center. Present were Mayor Awada and Counci1members Masin, Blomquist
and Carlson. Counci1member Bakken was absent on military duty. Also present were City
Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and
City Attorney Jim Sheldon.
::i:BriKm:~:
h~:.w~:m~
.........................
........................ .
City Administrator Hedges stated that the Community Facilities Task Force was holding a
public information meeting tonight and a representative would be present later in the Council meeting
to provide an update.
Counci1member Carlson moved, Counci1member Blomquist seconded a motion to approve the
agenda as presented. Aye: 4 Nay: 0
~~~:Q~':wft~:MDr;n:~l'.Qiil~Ii.~:i:.~@
Mayor Awada requested the following change to the fifth sentence in the third paragraph on
page five, "Counci1member Masin concurred with Counci1member Blomquist in wanting to ensure that
the Council's intent to payoff the bond debt was a matter of record."
She also requested that on page nine, the vote for the Interim Use Permit - Northwest Airlines,
be changed as follows, "Aye: 3 Nay: 0 (Councilmember Blomquist abstained)."
She further requested that the first sentence in the seventh paragraph be changed as follows,
"Mayor j\.wada Councilmember Carlson asked if it would be possible to repeal the assessments to the
three property owners and bill the developer for the full amount."
Counci1member Carlson moved, Mayor Awada seconded a motion to approve the minutes as
amended. Aye: 4 Nay: 0
Yl$.!Wgj,$!iwQlei9_g
Ron Miller, 3217 Donald A venue, commented on the property maintenance ordinance and
requested that commercial properties be included in the ordinance also, espedal1y ones that adjoin
residential properties. Counci1member Carlson recommended that the Council schedule further
discussion on the ordinance at a future work session.
Larry Poppler, 3030 Pop pier Lane, referred to the request of the Council to reconsider the
assessments to the property owners on Poppler Lane at the last Council meeting. He noted that Mayor
Awada and Counci1member Carlson rejected this request and he further asked that the City Attorney
examine the assessments with regard to reasonable cause for excessiveness.
Counci1member Blomquist suggested the Council reduce the assessments by one-half to the
neighborhood. She added that this neighborhood has been assessed more than any other neighborhood
in the City.
Counci1member Blomquist moved, Counci1member Masin seconded a motion to reduce the
assessment to the properties on Poppler Lane by one-half.
Counci1member Masin asked who was assessed as a developer. Mayor Awada stated that Larry
G. Poppler, Sr. was the developer. Counci1member Masin noted that no other resident has ever been
00078
EAGAN CITY COUNCIL MEETING tvlINUTES; MARCH 21, 2000
PAGE 2
charged $8,000 for an assessment and added that the improvement did not increase the valuation by
that much. Mayor Awada noted that this issue has been revisited many times by different Councils.
She said that she thought Mr. Poppler was being encouraged by other Counci1members to keep
revisiting this issue.
Mr. Poppler said that he would like to request a ruling by the City Attorney.
Counci1member Masin noted that she would vote in favor of the motion as long as Larry G.
Poppler, Sr. did not benefit from a reduced assessment.
Counci1member Carlson clarified that she did not support the request for reconsideration of the
assessment because of the precedent that would be set. She noted that other residents would then seek
to have their levied and certified assessments reduced.
Mayor Awada stated that Mr. Poppler had worked on the development agreement with his
father. Counci1member Masin said that the Council did not use the appropriate procedure in
determining the assessment amounts to Poppler Lane.
A vote was taken on the motion. Aye: 2 Nay: 2 (Mayor Awada and Counci1member Carlson
opposed) The motion failed for lack of a majority.
Mr. Poppler stated that the City Attorney should review the facts and prepare an opinion as it
pertains to equal protection rights regarding the excessiveness of the assessment.
Mayor Awada moved, Councilmember Carlson seconded a motion to direct the City Attorney
to prepare a written response to Mr. Poppler's request. Aye: 4 Nay: 0
,',','."','....,'..""..",','......,'......"",'....,',',',',,,',',',','",',',',',',',','"",'",',',','.",,',','''..''...'..'''''IN'''''''''''''''''''''..''......'
. . . . .. .. . . . .
DEPARTMEN1\'HEAD:Rl1S . .'.' ESS
.........................................................................................................................................................................
YOUTH SUMMIT UPDATE
City Administrator Hedges provided an overview on this item.
Karen Luchka and Brandon Nguyen interacted with the Council regarding teen smoking and
the need for additional teen center space. Counci1member Masin suggested that a teen task force be
created and also suggested that the teens could interact with the Community Facilities Task Force.
Mayor Awada suggested that models of other teen task forces in other cities be reviewed prior to the
creation of one. City Administrator Hedges noted that staff could contact the LMC to obtain various
structures of teen task forces.
Counci1member Blomquist noted that the number one response to the community facilities
survey was the need for a teen center. She added that she would like to see the formulation of a youth
council.
Counci1member Blomquist moved, Counci1member Masin seconded a motion to direct staff to
prepare information on a teen task force for consideration at the April 11, 2000 spedal City Council
meeting.
Counci1member Carlson said that she would like teen involvement from the beginning and
suggested that the teens draft a plan to get other teens involved.
Assistant City Administrator Verbrugge noted that the Eagan Healthy Communities Initiative is
sponsoring an intergenerational dialogue on April 8 from 9:00 a.m. to 2:00 p.m. at Blackhawk Middle
School.
A vote was taken on the motion. Aye: 4 Nay: 0
\
00079
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGE 3
CITY COUNCIL UPDATF/NLC CONFERENCF/HOME SHOW
Counci1member Masin commented on the success of the Home Show held at the Eagan Civic
Arena and thanked Civic Arena Manager Mark Vaughan and staff for their hard work.
Mayor Awada noted that she and the other three Counci1members attended the NLC
Conference held in Washington, D.C. Councilmember Masin stated that the NLC president's focus is on
eliminating racism. She added that the President of the United States spoke to the group on racism. She
further added that the City can make strides in regard to diversity.
BAND SHELL UPDATF/EAGAN ROTARY CLUB
John Curlee, representing the Rotary Club, introduced fellow Rotarians who were present and
commented on their intent to partner with the City on the construction of a band shell. He read the
following motion that was passed by the Rotary dub, "The Eagan Rotary Club shall offer up to $140,000
towards the construction of a band shell on Eagan's Central Area Park, including up to $55,000 dollars
in cash immediately with the balance coming in the form of cash services and other in-kind
contributions as determined by the Club over a period up to five years with the understanding that the
Eagan Rotary dub will be assured due and proper recognition for its contribution and have meaningful
control over the architectural design of the band shell."
Counci1member Blomquist moved, Counci1member Masin seconded a motion to accept the
Eagan Rotary Club donation for the construction of a band shell on the proposed Central Park site. Aye:
4 Nay: 0
~N$.I$:'JJlpmTij
City Administrator Hedges referenced a map identifying previous rates of return as it pertains
to Census information. Counci1member Masin commented on the hiring of Census workers and noted
that she attended a Census Update meeting at the NLC Conference. Counci1member Blomquist
encouraged residents to return their Census forms.
.......................,.....................
CONS'Em,:'{,A"""GrENDA,,",:
. . . . . . . . . . . . . . . . . . . . . .. .... ..................... .
.....................................................
A. Personnel Items
Item 1. It was recommended to approve the hiring of Thomas Bohrer as a Community Service Officer.
Item 2. It was recommended to approve the hiring of Krista Forster as a Clerical Tech III/Receptionist
for Central Services Maintenance.
Item 3. It was recommended to approve the hiring of a person or persons to be recommended for hire
as a temporary building inspector(s).
Item 4. For the Council's information, the name of the person hired as the Oerical Tech II in Finance is
Maria Pierce and the name of the person hired as the IT Technician Assistant for the Cities of Eagan and
Burnsville is Jason Deal. Both of these hirings were approved at the March 6, 2000 regular City Coundl
meeting.
Item 5. It was recommended to approve the hiring of Chris Ahrens, Brenna Beers, Karen Hendrickson,
Travis Hibbard, Angela Knoll, Dan Mills and Jacqueline Scholz as seasonal lifeguards for Cascade Bay.
Item 6. It was recommended to approve the hiring of Ian Wright as a seasonal concessionaire for
Cascade Bay.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGE 4
00080
Item 7. It was recommended to approve the hiring of Kelly Therkelsen as a seasonal guest relations
worker for Cascade Bay.
Item 8. It was recommended to approve the hiring of Heidi Reimnitz as a part-time seasonal recreation
leader.
Item 9. It was recommended to approve the hiring of Kelly Thompson as a part-time seasonal
supervisor for the Civic Arena.
B. Final Subdivision - (Oakbrooke 4th Addition) Pulte Homes of Minnesota me. to create 76 single
family residential lots on property located east of 1-35 between Diffley Road and Deerwood Drive in the
SW 1/4 of Section 21. It was recommended to approve a Final Subdivision creating 76 single family
detached dwelling units upon property currently platted as Outlots A and H, Oakbrooke and located
north of Diffley Road and east of 1-35E in the SW 1/4 of Section 21.
C. Final Subdivision - (Town Centre 100 Eighteenth Addition) Elder Jones Company, to create two lots
on property located north of Town Centre Drive and east of O'Leary Lane in the NE 1/4 of Section 15. It
was recommended to approve a Final Subdivision entitled the "Town Centre 100 Eighteenth Addition"
located north of Town Centre Drive and east of O'Leary Lane (upon property currently platted as
Outlot B, Town Centre 100 Sixteenth Addition) in the NE 1/4 of Section 15.
D. Final Plat - (Cedar Cliff Commercial Park Fifth Addition) Cedar Cliff Properties, LLC to create a
single lot on property currently described as Outlot A. Cedar Cliff Commercial Park 3rd Addition and
located north of Cliff Road and east of Nicols Road in the SE 1/4 of Section 30. It was recommended to
approve a Final Plat (Cedar Cliff (Cedar Cliff Commercial Park 5th Addition) to create a single lot on
property currently platted as Outlot A, Cedar Cliff Commercial Park 3rd Addition and located north of
Cliff Road and east of Nicols Road in the SE 1/4 of Section 30.
E. License renewals for the year 2000, commercial fertilizer and tobacco. It was recommended to
approve the commercial fertilizer license renewals and the tobacco license renewal for the year 2000.
F. Proclamation, proclaiming March 24,2000 as Burnsville/Eagan Community Television Volunteer
Appreciation Day. It was recommended to adopt a proclamation proclaiming March 24,2000 as 00-20
BurnsvillejEagan Community Television Volunteer Appreciation Day.
G. Contract 00-01, authorize preparation of plans and specs (Cliff Road Water Treatment Facility -
Masonry Restoration). It was recommended to authorize the firm of Bonestroo, Rosene, Anderlik and
Associates to provide detailed plans, specifications, contract administration and construction
management for Contract 00-01 (Cliff Road Water Treatment Facility - Masonry Restoration).
H. Receive petition/ order public hearing - easement vacation (Gardenwood Ponds 4th Addition). It
was recommended to receive the petition to vacate a portion of a public drainage and utility easement
and schedule a public hearing to be held on April 18, 2000.
1. Receive petition/ order public hearing - easement vacation (Royal Oaks). It was recommended to
receive the petition to vacate public drainage and utility easements and schedule a public hearing to be
held on April 18, 2000.
J. Extension for recording the final plat. Ballantrae 2nd Addition. It was recommended to approve a 90-
day extension for recording the final plat for Ballantrae 2nd Addition for property located south of Silver
Bell Road and east of Beau de Rue Drive in the NW 1/4 of Section 20.
K. Final Plat. Pines Edge 4th Addition. Shamrock Development. It was recommended to approve a Final
Plat (Pines Edge 4th Addition) consisting of one lot at White Pine Way and Sycamore Drive in the SE 1/4
of Section 36, and a private driveway agreement.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGES
00081
L. Premises permit renewal applications, Knights of Columbus to conduct pull tab operations at Starks
Saloon and Richards Food &. Liquors. It was recommended to approve resolutions renewing the 00-21
charitable gambling premises permits for the Knights of Columbus #7604 for pull-tab operations at 00- 2 2
Starks Saloon at 3125 Dodd Road and Richard's Food &. Liquors at 4185 South Robert Trail.
M. Final Plat, Tyler Jay Addition. It was recommended to approve a Final Plat (Tyler Jay Addition)
consisting of one lot for property located at 1725 Meadow View Road, in the NE 1,4 of Section 8.
Counci1member Blomquist moved, Counci1member Carlson seconded a motion to approve the
Consent Agenda.
Counci1member Masin requested an explanation on Item G, Contract 00-01, authorize
preparation of plans and specs (Cliff Road Water Treatment Facility - Masonry Restoration). Director of
Public Works Colbert stated that premature degradation has occurred to the facility and the masonry
restoration will be funded from an escrow account.
A vote was taken on the motion. Aye: 4 Nay: 0
mPI(,tl~~G$
PROJECT 788, TH 3jGARDENS OF EAGAN (UTILITY IMPROVEMENTS)
City Administrator Hedges provided an overview on this item.
Before asking staff to present the report, Mayor Awada noted that two of the three original
petitioners no longer appeared to be in support of the project. After asking how many of the affected
property owners were present, it was noted that all four owners representing the five parcels were
present. She then opened the public hearing to anyone wishing to speak.
Ralph Hanson, 4395 South Robert Trail, stated that he is not supportive of the project as it
stands. He provided background information on how the project was initiated. He said that the
residents feel the proposed assessments are too high and would like the City to consider sharing in the
cost.
Discussion occurred regarding subdivision of the larger lots. Development/Design Engineer
John Gorder noted that the property is guided D-lI and there is dedicated right-of-way on the property
to the north, which could provide for access to two of the parcels.
Charles Wachter, 4375 South Robert Trail, stated that when the Autumn Ridge Development
was developed the residents were informed that a stub connection was available to City utilities. He
noted that he has no need to connect to City water and sewer at this time and added that the only way
he could afford the assessments would be to subdivide his property.
Pat Diffley, 4385 South Robert Trail, stated that in 1993 an engineer from the City told them that
the residents would have access to City water and sewer because James Development, the developer of
Autumn Ridge, would provide it. She added that the access was never provided and said she could not
afford the amount of the assessment. She said that a new plan should be designed and the City should
bear some of the cost of the project.
Development/Design Engineer Gorder stated that a note in the file indicated that the City's
Design Engineer at the time met with property owners in 1993 and there was an agreement to the plan.
Martin Diffley, 4385 South Robert Trail, said that he had granted permission to Lyman to run
the sewer and water line across his property. He expressed concern about the potential tree loss and
access to Highway 3. He noted that he has no need for City sewer and water.
There being no one else wishing to speak, Mayor Awada closed the public hearing.
00082
EAGAN CITY COUNCIL tv1EETING MINUTESi MARCH 21, 2000
PAGE 6
Counci1member Carlson moved, Mayor Awada seconded a motion to deny Project 788 (TH 3,
South of Diffley Road/Gardens of Eagan - Utility Improvements).
Counci1member Masin suggested the project be continued because she wanted more
information. Counci1member Carlson stated that the property owners are not in support of the project
as proposed. Counci1member Blomquist said that the project should be denied and staff should
research other alternatives in an effort to reduce costs. Counci1member Carlson said that detailed
research should not be undertaken at this time since none of the property owners are interested in
subdividing their property. Counci1member Masin asked the property owners if they would be in favor
of the project if the assessments were more reasonable. The property owners indicated that they would
be in support if the assessment amount were lowered. Mayor Awada stated that all of Eagan will
eventually develop and added that she was not willing to research this issue now but would do so at the
time the property owners want to subdivide.
Mr. Hanson noted that a connection to City sewer and water is necessary to make the properties
more saleable.
Counci1member Carlson stated that properties with well and septic systems are saleable because
she recently sold a house with both. Councilmember Masin added that she wanted to continue this item
because the necessary documentation and calculations are not available.
Councilmember Blomquist said that the Council does not need to continue action on this item
but could continue to determine what happened with regard to the lack of connection to City utilities.
A vote was taken on the motion. Aye: 3 Nay: 1 (Counci1member Masin opposed)
Mayor A wada moved, Councilmember Blomquist seconded a motion to direct staff to research
other options for land use alternatives and City financing.
Mr. Hanson requested that the City consider sharing in the expense and completing the project
in such a fashion that does not intrude on Martin Diffley's property.
Counci1member Masin stated that staff should attempt to find out what the property owners
had been promised and why the connection was never made available to them.
A vote was taken on the motion. Aye: 4 Nay: 0
........................................
R""'""""""Ci:"""".'iri'S..
*It.lifJ.U;J;9:~NiR,
CLARIFICATION OF SIGNAGE PLAN, EAGAN TRANSIT FACILITY - MVTA
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mayor Awada asked why the clock tower design had not been included in the Planned
Development Agreement. Senior Planner Ridley stated that the Planning Department had inadvertently
overlooked its inclusion. Mayor Awada noted that a memo was sent to the City on September 1, 1999
from the MVT A' s consultant, LSA Design, identifying a number of items they were willing to
incorporate into the design of the site. She further noted that the items were inadvertently not included
in the PD Agreement.
Jim Lasher, LSA Design, stated that the MVT A was informed that they will be receiving funding
for this project.
Mayor Awada asked the City Attorney if the minutes serve as the official record. City Attorney
Sheldon stated that the official record of the City Council is the minutes. He noted that the Final PD has
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGE 7
00083
not been executed and therefore no agreement exists between the City and the MVT A. He added that
both parties need to agree to the agreement for it to be valid.
Mayor Awada said that she voted in support of this project because of the benefits to the City of
Eagan and felt the transit station would help to create a downtown area. She added that the parking at
the transit station could be utilized for events at the Central Area Park. She further added that the
transit station should be designed to incorporate character because it will become a major corner in
Eagan. She stated that she watched the video tape of a Council meeting from six months ago and it was
clear that the clock tower was going to be added to the PD. She further stated that the memo is clear
about what the Council agreed to. She said that the clock tower and parking arrangements are two
crucial elements of this project.
Councilmember Carlson said that she voted against the transit station because of the location.
She added that the memo clearly outlines discussion and agreements that occurred and should be
included in the PO Agreement. Mayor Awada stated that the Council is on legal ground because there
is not a signed PO Agreement. Counci1member Blomquist stated that the clock tower and signage had
not been discussed by the Council. She added that she had been concerned about the height and
location of the clock tower. Director of Public Works Colbert noted that it is proposed to be located near
a signalized intersection, which would not pose significant sight concerns.
Mayor Awada referenced minutes that stated the clock tower matter would be brought back to
Council for discussion. Counci1member Blomquist said that she was opposed to an increase in the clock
tower height over what the Council had previously agreed to. She commented that the language
regarding "City of Excellence" should not be included in the signage. She suggested using the City's
Lone Oak Tree logo.
Counci1member Masin stated that she was not opposed to the location and design of the clock
tower as proposed by LSA Design adding that it blends in better than what was previously proposed.
Counci1member Blomquist concurred. Counci1member Masin also added that it should not be
necessary to have an agreement with the MVT A for the use of the parking structure for community
events since the City of Eagan is part of the MVT A.
Mayor Awada noted that the conditions were not included in the PD Agreement but should
have been. Counci1member Carlson said that security was also addressed in the memo. Mayor Awada
asked the City Attorney what would need to be done to ensure the conditions were included in the Final
PD Agreement. City Attorney Sheldon stated that if the Council feels the conditions should be included,
and they are not at this time, then there is no agreement between the City and the MVT A presently.
Counci1member Carlson added that the memo was prepared by the design consultant and the Council
should include the conditions in the PD Agreement.
Mayor Awada proposed that the Council work with the MVTA on the design of the clock tower.
Mr. Lasher suggested adding it to the stair tower because it would give the corner a clear and
identifiable image, it would not restrict vision or require any additional setbacks.
Additional discussion occurred regarding the appropriate design and location of the clock
tower.
Senior Planner Ridley noted that the MVT A is requesting commerdal signage on the east side of
the parking structure. Counci1member Masin stated that the Council has been trying to restrict signage
and billboards along major roads; however, she added that this request does not appear to be any worse
than other signs that appear along the freeway. Counci1member Carlson stated that she was not in
support of this request. Councilmember Masin noted that even with the additional signage they would
still be below the allowed signage.
Councilmembers concurred that the proposed signage for the east side of the parking structure
at the MVT A transit station was not acceptable.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGE 8
00084
City Administrator Hedges referenced the September 1, 1999 memo from LSA Design and
stated that the City Council could take action to include the conditions within the PD Agreement and
make any necessary revisions to the memo.
Councilmember Blomquist stated that she did not object to the inclusion of the memo; however,
she did object to the design of the clock tower and the inclusion of the "City of Excellence" language and
suggested this language be deleted from the memo and replaced with the addition of the Lone Oak Tree
logo.
Councilmember Blomquist moved, Councilmember Carlson seconded a motion to incorporate
the September 1, 1999 memo from LSA Design into the PD Agreement subject to the City of Excellence
language being struck and the addition of the City's Lone Oak Tree logo into the signage plan. Aye: 4
Nay: 0
Councilmember Blomquist moved, Councilmember Masin seconded a motion to delete
reference to the clock tower as part of the corner monument signage from the PD conditions and to
approve the clock tower element as part of the stairwell structure as shown on the revised elevation
rendering.
As a point of clarification, Counci1member Carlson stated that the Council direction is for staff
to summarize applicable conditions found in the September 1, 1999 memo from LSA Design and
incorporate those into the conditions of approval for the PD Agreement.
Mr. Lasher commented that they are willing to work with the City Council on the design of the
clock tower feature.
Counci1member Masin expressed her desire to rescind her vote to approve inclusion of the
September 1,1999 memo into the PD Agreement.
A vote was taken on the motion. Aye: 2 Nay: 2 (Mayor Awada and Counci1member Carlson
opposed) The motion failed for lack of a majority.
Counci1member Masin moved to rescind her previous vote. The motion failed for lack of a
second.
City Attorney Sheldon was asked to determine the appropriate procedure for rescinding a
previous vote.
The meeting was recessed at 8:55 p.m. and reconvened at 9:05 p.m.
City Attorney Sheldon reported that a vote could be rescinded by Council consensus.
Councilmembers concurred to allow Councilmember Masin to rescind her aye vote.
The vote on the following motion was revised to reflect the rescission:
Councilmember Blomquist moved, Councilmember Carlson seconded a motion to incorporate
the September 1, 1999 memo from LSA Design into the PD Agreement subject to the City of Excellence
language being struck and the addition of the City's Lone Oak Tree logo into the signage plan. Aye: 3
Nay: 1 (Councilmember Masin opposed)
SOLID WASTE ABATEMENT COMMISSION
City Administrator Hedges provided an overview on this item.
Councilmember Carlson said that she preferred to have the word recycling included in the name
of the commission. Counci1member Masin questioned the redundancy of including r~cycling in the title
00085
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGE 9
when it means the same as waste reduction. Mayor Awada noted that the purpose of the name change
is to attempt to attract more applicants to the commission.
Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the
name change of the Solid Waste Abatement Commission to the Recycling and Waste Reduction
Advisory Commission. Aye: 3 Nay: 1 (Counci1member Masin opposed)
ECONOMIC DEVELOPMENT COMMISSION, CONSIDERATION OF HOTEL STUDY
City Administrator Hedges provided an overview on this item.
Julie Stackhouse, EDC Chair, discussed the subcommittee's initial findings and provided
background information on a previously conducted hotel study. She also talked about the effects that
additional hotels will have on occupancy rates. She requested direction from the City Council regarding
what they would like the subcommittee to study.
Councilmember Blomquist moved, Mayor Awada seconded a motion to direct the Economic
Development Commission to complete a comprehensive study of Eagan's hotel industry within the next
six months.
Further discussion occurred on the specific areas to be studied. Mayor Awada refined the
language in the direction identified on page 83 of the Council packet as follows:
1. Examine in depth the economic growth in the area to determine if there are new
businesses or attractions being proposed that might generate the need for an increase in
hotel rooms in the future.
2. Examine the facility and service needs of major market sectors, and determine what
needs are not met.
3. Make recommendations that might limit the type, timing, or number of new hotels in
the community taking into account public safety concerns and the Cedarvale
Redevelopment Area.
Greg Miller, representing Wispark, expressed concern for the lack of hotels in the Highway
55/149 area. He added that although one area of the City might be overbuilt another area might be
under-served. Mayor Awada and Counci1member Carlson stated that the study should also review
lodging needs throughout the City and focus on quality standards for any new hotel development.
Ann Carlon, Executive Director of the Convention and Visitors Bureau, stated that the City is
still in need of full service hotels.
A vote was taken on the motion. Aye: 4 Nay: 0
NEW""""""""""""""n""""u""""s"'"'I""N""""'ES""""""S".,
, "
.. ,... . . - ..
. ..... ..
.. . - - .
..:::...~...'. ;. .::;..,::::: .....:::..:..::.::......::.::; ",;",:,,:, .:..:..: '.'
REZONING (PRELIMINARY PLANNED DEVELOPMENT) - GLEN POND APARTMENTS
PRELIMINARY SUBDIVISION (EFFRESS 2ND ADDITION)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Dick Krum, architect for the property owner, commented on the tree loss and stated that the
trees on site are not significant woodlands that would be incorporated into an urban landscape plan. He
noted that most of the vegetation on site is volunteer growth.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGE 10
00086
Senior Planner Ridley stated that size, not type, determines whether a tree is classified as
significant. He said that the trees on the site are considered significant according to a strict review of the
City Code. Mr. Krum said they would like to reduce the amount of mitigation because they feel they
have submitted an acceptable landscape plan. Senior Planner Ridley concurred that the plan was
acceptable.
Mr. Crumb stated that there is adequate land for recreational activities and passive areas. He
commented on the difficulty in matching the exterior materials to the existing apartments. He added
that they will incorporate more brick if there are ample funds to do so.
Mayor Awada said she supports the APC's position with regard to the exterior materials.
Counci1member Carlson stated that the developer should try and match the exterior materials with the
existing buildings. Counci1member Blomquist added that the new buildings will never look exactly like
the existing buildings. Senior Planner Ridley stated that the goal of the APC was to make Phase I and
Phase II consistent in appearance. He added that staff can work with the applicant to resolve the design
details.
Councilmember Masin questioned when the public hearing will be held with regard to Marice
Drive and asked if it would be appropriate for the APrC to make Moonshine Park a more viable park for
this area. Senior Planner Ridley said that the Marice Drive public hearing will follow the approval of the
rezoning and subdivision. He noted that the study of Moonshine Park was undertaken by the Parks
Department in January and is ongoing at this time.
Councilmember Carlson moved, Mayor Awada seconded a motion to approve a Preliminary
Subdivision (Effress 2nd Addition) to create four lots on approximately 24.6 acres located east of Pilot
Knob Road between Marice Drive and High Site Drive in the SW 1/4 of Section 10, subject to the
following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3,1993: Bl, B2, B3, B4, Cl, C2, C3, C4, Dl, and El.
Platting
2. The property shall be platted.
Water Quality
3. This development shall meet its water quality requirements through creation of
treatment ponding. A minimum wet-pond volume of 1.25 acre-feet over an area of 0.53
acres should be provided to treat the storm water generated by this development. The
specific details of the location and design of the water quality pond shall be according to
the recommendation of the Advisory Parks Commission.
Easements / Rights-of- Way / Permits
4. The developer shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to final plat approval.
5. The developer shall dedicate public right-of-way for future Northwood Parkway, as
shown on the preliminary plat.
6. The City Council has not yet determined the public interest of vacating a portion of
Marice Drive and High Site Drive; therefore, a public hearing must be held and the
proposed public rights-of-way must be vacated prior to final subdivision approval.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGE 11
00087
Tree Preservation
7. The applicant shall comply with the City's Tree Preservation Ordinance requirements
and provide tree mitigation as recommended by the APrC. A final Tree Preservation
Plan demonstrating compliance with the ordinance requirements shall be required prior
to Final Subdivision approval.
Parks and Recreation
8. Park and trail dedication requirements shall be fulfilled as recommended by the APrC.
9. Trail access be provided from the development to Pilot Knob Road.
10. The Applicant shall acquire fee title to all land in the development proposal, including
the land currently owned by MnDOT, prior to Final Subdivision approval.
Aye: 4 Nay: 0
Mayor Awada moved, Counci1member Carlson seconded a motion to approve a Preliminary
Planned Development for proposed Lot 2, Block 1, for development of four apartment buildings totaling
228 units, and for Lot 1, Block 2 for future development of Limited Business uses, subject to the
following conditions:
Uses
1. The following uses are allowed within this Planned Development.
Lot 2, Block 1
Lot 1, Block 2
Four, three-story apartment buildings totaling 228 units
Uses allowed in the Limited Business zoning district
2. The performance standards required for development of Lot 1, Block 2 shall be those
that apply to the LB zoning district.
3. The area of Pond CP-5 cannot be used as lot area toward determining maximum density
or lot coverage for Lot 1, Block 2, at the time that lot develops in the future.
Agreement
4. A Final Planned Development Agreement shall be required for each lot prior to
construction. The following plans are required for the Final Planned Development
Agreement and shall be consistent with the Preliminary Planned Development:
Final Site Plan
Final Building Elevations
Final Landscape Plan
Final Signage Plan
Final Site Lighting Plan
Platting
5. The property shall be subdivided and replatted.
EAGAN CITY COUNCIL tvrnETING MINUTES; MARCH 21, 2000
PAGE 12
00088
Airport Noise Considerations
6. The developer shall ensure that the building plans, materials and construction of the
building improvements are such that they will provide an interior sound level of 45
dBA, as compared with a noise level of 65 DNL.
Building Elevations
7. As required by City Code, all exterior surfaces shall be treated as a front and have an
equally attractive or the same architectural treatment. As part of the Elevation Plan
submittal for Final Planned Development, the applicant shall modify the proposed
architectural design and exterior materials to be consistent with that used on the
currently existing Glen Pond apartment buildings.
Landscaping
8. The landscape plan shall be revised to incorporate trees within the yard areas,
throughout the parking lot, and to established buffers between the buildings and public
rights-of-way, especially along the future Northwood Parkway and 1-35E. The revisions
to the landscape plan should also be shown on the combined landscape and tree
mitigation plan.
9. The final landscape plan shall note that automatic irrigation will be provided for all
landscaped areas as required by the City Code. Additionally, the final landscape plan
shall show underlying grading contours and must be prepared and signed by a
registered landscape architect or certified nurseryperson.
Tree Preservation
10. This development shall comply with the dty's Tree preservation Ordinance, and
provide mitigation as recommended by the Advisory Parks Commission.
Signage
11. All site signage shall comply with applicable provisions of the City Sign Code.
General Performance Standards
12. All trash and recyclable storage areas shall be contained within the buildings. Outside
storage of trash and recyclables shall not be allowed.
13. All requirements set forth in Section 11.10, Subdivision 24 of the City Code shall apply
to this Planned Development. The applicant shall submit detailed plans at the time of
Final Planned Development demonstrating compliance with these standards.
14. All plans and building permits for the design and development of Lot 1, Block 2, shall
be presented to the APC and City Council for approval prior to permit issuance and
development.
Aye: 4 Nay: 0
ORDINANCE AMENDMENT, CHAPTER 4 OF THE EAGAN CITY CODE ENTITLED
CONSTRUCTION LICENSING, PERMITS
City Administrator Hedges provided an overview on this item.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000
PAGE 13
00089
Counci1member Carlson moved, Councilmember Blomquist seconded a motion to approve an
ordinance amendment to Chapter 4, Section 4.01 to reflect legislative changes to the State Statutes. Aye:
4 Nay: 0
HAZARDOUS PROPERTY RESOLUTION FOR 4391 GARDEN TRAIL
City Administrator Hedges provided an overview on this item.
Counci1member Carlson moved, Counci1member Blomquist seconded a motion to approve the
Order to Remove Hazardous Conditions of Building/Property at 4391 Garden Trail. Aye: 4 Nay: 0
~fJ~t~j!~T!M~GQMflN~~~y::.,;IR~
AMENDMENT TO MLC JOINT AND COOPERATIVE AGREEMENT
City Administrator Hedges provided an overview on this item.
00-19
Counci1member Carlson moved, Counci1member Blomquist seconded a motion to approve a
resolution amending the MLC Joint and Cooperative Agreement. Aye: 4 Nay: 0
ADMl&tSTRATIV:e::AGE8ttltA(
.....................,..................................................................................................................................
SPECIAL CITY COUNCIL MEETING TO DISCUSS KOLLOFSKI ADDITION
PROPERTY DISPOSAL APRIL 4, 2000
City Administrator Hedges provided an overview on this item.
Counci1member Carlson moved, Councilmember Masin seconded a motion to schedule a special
City Council meeting for April 4, 2000 to further discuss the Kol1ofski Addition property disposal. Aye:
4 Nay: 0
..........................................
...........................................
";;t':nyhi"i'D''Ii(l'ii:';rt;<Kitr
~Y1.y~A~~~~i~:~~:,~~~~:
City Administrator Hedges noted that a request had been made to hold an Executive Session for
the purpose of discussing the Michael Vincent vs. City of Eagan, Mayor Awada and Councilmembers
Bakken and Carlson; however, the legal counsel representing the City was unable to attend. The
meeting adjourned at 10:10 p.m. to allow City Attorney Sheldon an opportunity to share minimal
information about the lawsuit in an attorney/client meeting.
MLK
MARCH 21, 2000
Date
{YJ~t(rvJo
City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
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.