05/18/1999 - City Council Regular
00146
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
May 18, 1999
A regular meeting of the Eagan City Council was held on Tuesday, May 18, 1999 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist,
Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley,
Director of Public Works Tom Colbert, and City Attorney Jim Sheldon.
AGENDA
Mayor Awada said that Legislative/Intergovernmental Affairs and the Administrative Agenda
would be considered following Department Head Business.
City Administrator Hedges noted that the following was being added to the Consent Agenda as
Item R - Joint Powers Agreement combining the South and East Metro Drug Task Forces and authorizing
submission of a preliminary budget for the year 2000.
Councilmember Bakken moved, Mayor A wada seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
MINUTES OF THE APRIL 26, 1999 SPECIAL MEETING
Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
MINUTES OF THE MAY 4, 1999 REGULAR MEETING
Mayor Awada requested that the first and second sentences in the fifth paragraph on page 17 be
changed as follows, "Mayor Awada said that there were a few changes she had to the process and it was
her understanding that they were incorporated in the minutes of the Special City Council meeting of
April 6. She added that she did not suggest any changes to the policy."
Councilmember Blomquist referenced the third paragraph on page 11 with regard to Project 749
(Hwy. 55 South Frontage Road - Street Improvements). She said that if she had been aware that
acquisition of rights-of-way through the condemnation quick take method had been included as part of
the motion, she would have voted against the motion.
Councilmember Bakken requested that the first sentence in the eighth paragraph on page 17 be
changed as follows, "Councilmember Bakken said he thought the Council had agreed to eliminate the
Round Table since discussion often becomes unstructured and actions are occasionally taken regarding
matters that have not been appropriately scheduled on the agenda or noticed to the public."
Councilmember Bakken moved, Mayor Awada seconded a motion to approve the minutes as
amended. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
NORTHVIEW PARK ROAD EXTENSIONjUNITED METHODIST CHURCH
City Administrator Hedges provided an overview and noted that the City Council had discussed
this item at the Special City Council meeting earlier in the evening. He further noted that they were in
agreement with Option C as identified in the May 13 memo prepared by Director of Parks and Recreation
Vraa.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999
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Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
extension of Northview Park Road to the west of Lexington Avenue into Patrick Eagan Park and to
approve an agreement for a shared parking lot, (per Option C of the May 13 memo prepared by the
Director of Parks and Recreation), with Advent United Methodist Church. Aye: 5 Nay: 0
CONSIDER DATE FOR GRAND OPENING/CASCADE BAY
City Administrator Hedges provided an overview on this item.
Mayor Awada mentioned that Byerly's would be donating all the food for the Recreation
Scholarship Fund Event.
Mayor Awada moved, Councilmember Bakken seconded a motion to approve the new date for
the Recreation Scholarship Fund for the Eagan Youth event as June 17 and the official Grand Opening of
Cascade Bay to be scheduled for the weekend beginning Friday, June 18. Aye: 5 Nay: 0
LEGISLATIVF/lNTERGOVERNMENT AL AFFAIRS
City Administrator Hedges said that as soon as information is received from the AMM, MLC and
LMC regarding how the legislative session will impact the City of Eagan, a synopsis will be prepared and
distributed to the Council.
ADMINISTRATIVE AGENDA
CITY CONTRACT 99-05, JOHNNY CAKE RIDGE ROAD, PRIVATE PROJECT 98-PP
OAKBROOKE ADDITION
Director of Public Works Colbert provided an overview on this item.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
request for extended operating hours for Ryan Contracting Co., from 7:00 a.m. to 8:30 p.m., Monday
through Friday, except for legal holidays, until September 1, 1999.
Councilmember Masin asked if a condition could be added that would provide the City with the
option to terminate the extension of operating hours if excessive complaints ar~ received.
Councilmember Bakken said that the City has the ability to terminate the extension of hours and that no
additional language is necessary.
A vote was taken on the motion. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
Councilmember Masin mentioned that some of the residents living adjacent to Cascade Bay are
experiencing problems associated to the public's desire to see the construction progress. City
Administrator Hedges added that the public is utilizing Windcrest Avenue for sightseeing purposes. He
mentioned that a barricade would be installed at Windcrest Avenue and Windcrest Court, in addition to
the installation of signage requesting sightseeing occur from the Municipal Center parking lot. He also
mentioned that police patrol would be increased in an effort to mitigate the problem.
CONSENT AGENDA
A. Personnel Items
EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999
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Item 1. It was recommended to approve the appointment of Mary Ann Olson as the Special
Assessment/Utility Billing Clerk.
Item 2. It was recommended to approve the hiring of Robert Dostalek as the temporary Planning
Intern/Weed Inspector.
Item 3. It was recommended to approve the hiring of Elizabeth Porter as a seasonal Engineering Aide for
Central Services Maintenance.
Item 4. It was recommended to approve the hiring of Shawn Strong as a temporary full-time GIS Intern.
Item 5. It was recommended to approve the hiring of Teddy Ewer as the seasonal Water Resources
Assistant.
Item 6. It was recommended to approve the hiring of Margoretta Farnham as a seasonal Horticultural
Technician.
Item 7. It was recommended to approve the hiring of Carrie Peterson as a seasonal Guest Relations Shift
Leader for Cascade Bay.
Item 8. It was recommended to approve the hiring of Jessica Cargill as a seasonal Concessions Supervisor
for Cascade Bay.
Item 9. It was recommended to approve the hiring of Jesse Viall as a seasonal Assistant Maintenance
Manager for Cascade Bay.
Item 10. It was recommended to approve the hiring of Patricia Malone, Erin Boufford, Candace
Schensted, Katie Hughes, Rebecca Ziegler and Erik Maland as seasonal Lifeguard Shift Leaders for
Cascade Bay.
Item 11. It was recommended to approve the hiring of Ann Morin-Skumatz as a part-time Team
Leader/Personal Relations for Cascade Bay.
Item 12. It was recommended to approve the hiring of Kathryn Haseman, Keri Ragsdale, Christin
Weggemann, Danielle Hassett, Megan Lostetter, Melissa Mariner, Tammy Macht, Kevin Grech, Stacey
Folden, Nicole Tatnode, Becky Gorden, Douglas Franzen, Jr., Shannon Dunleavy and Kari Maland as
seasonal Lifeguards for Cascade Bay.
Item 13. It was recommended to approve the hiring of Tiffany Burrows, Danny Kriha, Benjamin Elton,
Ryan Vanderlugt, Lindsey Dulin, Kayt Dowling and Liz Mundahl as seasonal Guest Relation Workers for
Cascade Bay.
Item 14. It was recommended to approve the hiring of Jennifer Lopac, Kim Tatera, Megan Lindwall and
Daniel Kasterek as seasonal Concessionaires for Cascade Bay.
Item 15. It was recommended to approve the hiring of John O'Toole, Ryan Hauenstein, Darel Isebrand,
Jill Isebrand and Jacob Loesch as seasonal Park Maintenance Workers.
Item 16. It was recommended to approve the hiring of Andrea Mater as a seasonal Park Attendant.
Item 17. It was recommended to approve the hiring of Tamara Johnson and Jennifer Rasmussen as
seasonal Recreation Leaders.
Item 18. It was recommended to approve the hiring of Catherine Hilleque as a seasonal Skating Coach.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999
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Item 19. It was recommended to approve the hiring of Christopher Bunljer and Christina Wydeven as
seasonal Concession Workers for the Northview concession operation.
Item 20. It was recommended to accept the resignation of Engineering Technician Mike Maddio.
Item 21. There is no action required for this item. For information only, the name of the person hired for
the Water Resources Coordinator is Eric Macbeth.
Item 22. It was recommended to accept the letter of resignation from Administrative Intern Heidi
Rathmann.
B. Approve resolution of support MAC Noise Ordinance. It was recommended to approve the 99 - 3 3
recommendation from the Airport Relations Commission to support, by resolution, the Metropolitan
Airports Commission's proposed noise ordinance.
C. Implementation, Comprehensive Guide Plan Amendment/Rezoning, implementation of a D-l, Single
Family Residential Land Use Guide Plan designation and a Planned Development (PD) zoning
designation upon 4.0 acres of excess T.H. 77 right-of-way located south of Cliff Road and west of
Nicols Road in the NW % of Section 31. It was recommended to implement a Comprehensive Guide
Plan Amendment establishing a D-l, Single Family Residential Land Use Guide Plan designation and
a Planned Development (PD) zoning classification upon 4.0 acres of excess T.H. 77 right-of-way
located south of Cliff Road and west of Nicols Road in the NW % of Section 31.
D. Final Subdivision (Kwik Trip Eagan Addition) Kwik Trip, Inc. It was recommended to approve a 99 - 31
Final Subdivision (Kwik Trip Eagan Addition) to create two lots and one outlot on approximately 10
acres, located south of Starks cafe, abutting the west side of Highway 149 in the NW % of Section12.
E. Final Subdivision (Southern Lakes West) Springbrook Corporation. It was recommended to approve 99-30
the Final Subdivision (Southern Lakes West) consisting of 15 lots located in the southeast 1/4 of Section
25.
F. Confirmation of Findings of Fact, Conclusions & Resolution of Denial, Vision Technologies. It was
recommended to confirm the Findings of Fact, Conclusions & Resolution of Denial of the Variance
request by Vision Technologies located at 3900 Sibley Memorial Highway.
99-34
G. Project 778, authorize funding application (Hwy. 149 - Street Improvements). It was recommended
to authorize SRF Consulting Group to prepare an application for Federal funding through the Surface
Transportation Program (STP) of the Transportation Efficiency Act (TEA 21) for Project 778 (Hwy. 149
Upgrade).
H. Project 99-E, approve resolution, turnback of T.H. 55 right-of-way (Oakview Center). It was
recommended to adopt the resolution approving the turnback of a portion of Trunk Highway 55
right-of-way, east of the southerly intersection with Trunk Highway 149, from the Minnesota
Department of Transportation (MnDOT) to the City of Eagan.
I. Contract 99-06, receive bids/ award contract (Duckwood Estates & Trail). It was recommended to
receive the bids for Contract 99-06 (Duckwood Estates and Duckwood Trail- Street Improvements),
award the contract to McNamara Contracting, Inc., for the Base Bid in the amount of $165,302.75, and
authorize the Mayor and City Clerk to execute all related documents.
J. Project 709R, approve resolution, layout approval IT.H. 13 Upgrade). It was recommended to adopt 99 - 2 8
the resolution approving the preliminary layout of Trunk Highway 13, from Silver Bell Road to
EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999
PAGES
001.50
Yankee Doodle Road, as prepared by SRF Consulting Group, Inc. and on file in the Office of the
Minnesota Department of Transportation.
K. Receive petition/ order public hearing, easement vacation, Advent United Methodist Church. It was
recommended to receive the petition to vacate a public easement and schedule a public hearing to be
held on June 15, 1999.
L. Receive petition/ order public hearing, easement vacation, Preusse 2nd Addition. It was
recommended to receive the petition to vacate public right-of-way (Preusse 2nd Addition) and delay
the scheduling of a public hearing for the proposed easement vacation until the completion of the
redevelopment study for the Cedar Avenue and Trunk Highway 13 Area.
M. Contract 98-17, approve Change Order No.1, (Country Home Heights). It was recommended to
approve Change Order No.1 to Contract 98-17 (Country Home Heights - Street Improvements) and
authorize the Mayor and City Clerk to execute all related documents.
N. Final Subdivision (Townplace Suites Addition) CSM Corporation. It was recommended to approve 99 - 27
the Final Subdivision (TownPlace Suites Addition) consisting of 2 lots located in the southeast 1/4 of
Section 16.
O. Final Plat, (Starks Addition) Gary Starks. It was recommended to approve a Final Plat (Starks
Addition) consisting of one lot at 3125 Dodd Road in the NW 1/4 of Section 12.
99-29
P. Change Order No.6, Cascade Bay. It was recommended to approve Change Order No.6 in the
amount of $13,943.00.
Q. Final Subdivision (Pinetree Pass 4th Addition) Lundgren Bros. It was recommended to approve a 99 - 3 2
Final Subdivision (Pinetree Pass 4th Addition) consisting of twenty single family lots located in the NE
1/4 of Section 33.
R. Joint Powers Agreement combining the East and South Metro Drug Task Forces and authorizing
submission of a preliminary budget for the year 2000. It was recommended to approve the Joint
Powers Agreement combining the East Metro Drug Task Force and the South Metro Drug Task Force
and authorize submission of the preliminary budget for the year 2000.
In regard to Item C, Implementation, Comprehensive Guide Plan Amendment/Rezoning,
implementation of a D-l, Single Family Residential Land Use Guide Plan designation and a Planned
Development (PD) zoning designation upon 4.0 acres of excess T.H. 77 right-of-way located south of Cliff
Road and west of Nicols Road in the NW 1/4 of Section 31, Councilmember Masin asked for clarification
regarding the preservation of the existing buffer. Councilmember Carlson stated that the Planned
Development zoning classification provides the Council with greater development control. Mayor
Awada said that it should be noted that the existing trees are to remain on the site between the freeway
and the neighborhood and further said this should be specified in the Planned Development Agreement.
Senior Planner Ridley stated that the developer would be required to incorporate this request on the site
plan.
Mayor Awada moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
City Administrator Hedges mentioned that Metropolitan Council representative Carolyn
Rodriguez would like to meet with the City Council at a future Special City Council meeting.
Councilmembers Blomquist and Carlson said that this meeting should be televised. It was decided that
EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999
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the Special City Council meeting would be scheduled for June 1 beginning with discussion about the
street reconstruction policy at 4:30 p.m. to be followed by discussion with Ms. Rodriguez at 5:30 p.m.
Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a Special City
Council meeting for June 1, 1999 at 4:30 p.m. Aye: 5 Nay: 0
ROUND TABLE
Councilmember Masin mentioned that she attended the Center for Transportation Studies'
Annual Meeting and said the speaker discussed America's dependence on automobiles in comparison to
other countries and presented transportation alternatives to the automobile.
Mayor Awada recessed the meeting at 6:55 p.m. She reconvened the meeting at 7:00 p.m.
PUBLIC HEARINGS
VARIANCES - THE ADKINS ASSOCIATION INC. FOR U.S. WEST
City Administrator Hedges provided an overview on this item. He said that the applicant would
notify the City when they are ready to proceed with the variance request.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the
continuation of a request for Variances for 1) 42% building coverage which exceeds the 35% maximum; 2)
to allow 7 parking stalls instead of the required 27 stalls; and 3) to allow a zero parking lot setback to the
Lone Oak Road right-of-way, all on property located at 1075 Lone Oak Road, legally described as Lot 2,
Block 1, Bell Lexington Addition, in the SW 1/4 of Section 2 indefinitely. Aye: 5 Nay: 0
VARIANCE - JAMES AND DEBRA BURNS, 4969 PINE LANE
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a 2
percent Variance to the maximum 20 percent lot coverage requirement applied to Lot 10, Block 1, Pinetree
Forest located in the SE 1/4 of Section 26.
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 asked the applicants if they were aware that the outlot to the south of their
property may be used for a through street. The applicants indicated that they were aware of this
possibility.
A vote was taken on the motion. Aye: 5 Nay: 0
PROJECT 717R, FINAL ASSESSMENT HEARING
(COUNTRY HOME HEIGHTS - STREET IMPROVEMENTS)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the final
assessment roll for Project 717R (Country Home Heights - Street Improvements) and authorize its
certification to Dakota County for collection.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999
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Mayor A wada opened the public hearing to anyone wishing to speak.
Bud Lutz, 2960 Egan Avenue, asked how much of the cracked curb was going to be replaced. He
also mentioned that there is a dip in the road near Egan and Burnside Avenues. He stated that there is an
open storm sewer pipe without a cover. He inquired if a stop sign was going to be installed at Egan and
Burnside Avenues.
Director of Public Works Colbert stated that the all the cracked curbing would be repaired and
further stated that a trash guard cover would be installed within the next two weeks. He added that the
stop sign would be installed at the intersection of Egan and Burnside Avenues upon completion of the
improvement project.
There being no one else wishing to speak, Mayor A wada closed the public hearing.
A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed)
NEW BUSINESS
PRELIMINARY SUBDIVISION & VARIANCE - DUKE REALTY
(APOLLO BUSINESS PARK)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. He commented on the Advisory Parks Commission's recommendation regarding tree
removal and mitigation.
Councilmember Bakken asked if the Advisory Parks Commission's and Advisory Planning
Commission's recommendations were compatible. Senior Planner Ridley stated that the appropriate
conditions will be reflected in the City Council minutes.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a
Preliminary Subdivision to create two lots and one outlot, with Variances to create parcels without public
street frontage and for zero pavement setback on side yards to allow for shared loading areas, on
property located on the south side of Apollo Road east of Neil Armstrong Blvd. in the north 1/2 of Section
12, subject to the following conditions:
General
1. The developer shall comply with these standards conditions of plat approval as adopted
by Council on February 3, 1993:
Bl, B2, B4, Cl, C2, C4, Dl, and El
2. The property shall be platted.
3. Unless otherwise granted by variance, all structures must satisfy the required minimum
setbacks for the 1-1 zoning district.
Landscape
4. The final landscape plan shall be revised to eliminate off-site landscaping.
Grading/Drainage
5. The final grading plan shall be revised to reflect graded slopes of 3:1 or gentler.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999
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6. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the City's Erosion/Sediment Control standards.
7. The design and construction of the storm water pond (Pond EP-11) shall provide for a
minimum one-foot elevation difference between the pond's calculated high water level
and the top of the berm surrounding the pond.
Water Ouality
8. The development shall meet its water quality mitigation requirement through a
combination of ponding and cash dedication. Ponding shall consist of the construction of
Pond EP-11 and the cash dedication is based on the impervious characteristics of the
developed lots and the affected downstream waterbodies and is anticipated to be in the
amount of $17,700.
9. The proposed ponding area shall be constructed to meet the City of Eagan's Detention
Basin Design Standards with a surface area and wet volume of at least .52 acres and 1.3
acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the
outlet of all detention basins.
Utilities
10. The developer shall provide verification that the private systems were constructed to City
standards for public utilities (including appropriate industry standard test results,
televising reports, specifications and as-built record plans). If the utilities are not to City
public standards, the development's water main and sanitary sewer systems shall be
connected to the public utility system within Apollo Road.
11. To maintain access to the proposed water main pipe along the west edge of the site, large-
growth landscaping shall not be placed within the drainage and utility easement area
over this pipe.
Streets/ Access/Circulation
12. The site plan shall be adjusted so that the private drive is located entirely within this
development site.
Easements /Permits / Right-of-Way
13. The developer shall prepare private ingress/egress easements for Lot 2 over Lot 1, and
for Outlot A over Lots 1 and 2, as well as ingress/egress easements for this site and the
adjacent lot to the east (Lot 2, Block 1, Apollo Addition) to allow access and circulation
between the developments. These easement documents shall be submitted for review
and approval by the City Attorney prior to final plat approval.
14. The developer shall obtain drainage and utility easements for the portions of the utility
lines (sanitary sewer and water main) on Lot 1, Block 2, Apollo Addition, which will
become public with connection by this development.
Tree Preservation
15. Tree mitigation shall be provided as recommended by the Advisory Parks Commission
as follows:
EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999
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. 208 trees (equivalent to 280 Category B trees) shall be installed on four Duke
properties as follows:
. 23 trees at the Sibley Industrial Center - Seneca Road
. 157 trees at Yankee Place - Highway 13 and Yankee Doodle Road
. 10 trees at Sibley II - Alexander Road
. 18 trees at Sibley I - Alexander Road
. A Cash mitigation payment in the amount of $30,000 shall be provided. (Amount
equivalent to 100 Category B trees)
. Balance of tree mitigation (equivalent to 92 Category B trees) shall be fulfilled
through planting of remaining trees in public areas in the spring of 2000
. Wood mulch, produced from the processing of removed trees at the development
site, shall be supplied to the City of Eagan and delivered to the storage site located at
Nicols Road just north of Hwy. 13. (This offer is not included as part of the tree
mitigation for this site.)
16. A Final Tree Mitigation Plan indicating location, quantity, size and species of mitigation
plant materials, as well as the timing of reforestation efforts, and/ or any cash mitigation
amount, be submitted for review and approval by the City Forester prior to issuance of a
grading permit and commencement of any grading activities on the site.
17. This development shall be subject to cash park and trail dedications. The 1999 rates for
these dedications are $3,376.00 per acre and $920.00 per acre.
Variance
1. The access drive serving Lot 2 and Outlot A shall be accommodated entirely within this
development site, and not across the lot line onto Apollo Addition.
Kevin Maas, representing Duke Realty, said that they are excited about the Eagan.
A vote was taken on the motion. Aye: 5 Nay: 0
ADJOURNMENT
The meeting adjourned at 7:15 p.m.
May 18, 1 999
Date
MLK
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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.