08/03/1999 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 3, 1999
A regular meeting of the Eagan City Council was held on Tuesday, August 3, 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 A wad a noted that Item B of New Business, Rezoning, City of Eagan, was being continued.
City Administrator Hedges stated that this item was being continued because the landowner had not
been sent an official meeting notice. He further stated that this item would be renoticed and referred back
to the Advisory Planning Commission. Mayor A wada said that Item A of Public Hearings, Variance -
Michael Corazzo, had been withdrawn by the applicant.
Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the
agenda as modified. Aye: 5 Nay: 0
MINUTES OF THE JUNE 29, 1999 SPECIAL MEETING
Councilmember Blomquist moved, Mayor Awada seconded a motion to approve the minutes as
presented. Aye: 5 Nay: 0
MINUTES OF THE JULY 6, 1999 REGULAR MEETING
Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
MINUTES OF THE JULY 20, 1999 REGULAR MEETING
Mayor A wada requested that the fourth sentence in the sixth paragraph on page seven be revised
as follows, "Mayor Awada mentioned that she did not recall anyone requesting any variances to fence
height in the past eight years."
She also noted that the vote for Linvill Properties - Day By Day Child Care Development Center
on page nine had been omitted and requested it be included as follows: Aye: S' Nay: 0
Councilmember Bakken moved, Mayor Awada seconded a motion to approve the minutes as
amended. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
PROCLAMATION OBSERVING AUGUST 3, 1999 AS NATIONAL NIGHT OUT
City Administrator Hedges provided an overview on this item.
Councilmember Bakken mbved, Councilmember Masin seconded a motion to approve a 99- 5 5
proclamation observing August 3,1999 as National Night Out and to recognize the neighborhoods and
apartment complexes that will be participating in this event. Aye: 5 Nay: 0
EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 3,1999
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CEDAR A VENUFfHIGHW A Y 13 TASK FORCE
CONSIDER AMENDMENT OF SRF CONTRACT
City Administrator Hedges provided an overview on this item.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the
amended scope of work for SRF Consulting Group, Inc. related to the Cedar Avenue and Highway 13
Redevelopment Task Force.
Betty Bassett, Cedar Avenue/Highway 13 Task Force Member, expressed her dissatisfaction with
the results of the Cedar Avenue/Highway 13 Redevelopment Study because she believes access and
visibility have not adequately been addressed to this point. She said that the Wuthering Heights
neighborhood should have had more representation on the task force.
Councilmember Blomquist said that the City needs to continue moving forward with the project.
A vote was taken on the motion. Aye: 5 Nay: 0
CONSENT AGENDA
A. Personnel Items
Item 1. It was recommended to approve the hiring of a person to be recommended as a temporary drug
task force clerical technician.
Item 2. It was recommended to approve the hiring of a person to be recommended as a temporary
recycling intern.
Item 3. It was recommended to approve the hiring of Jesse Viall as a seasonal operations maintenance
assistant supervisor for Cascade Bay.
Item 4. It was recommended to approve the hiring of Matt DiIoia, Daniel Mills and Rachael Ramaker as
seasonal lifeguards for Cascade Bay.
Item 5. It was recommended to approve the hiring of Ryan Sisson as a seasonal maintenance worker for
Cascade Bay.
Item 6. It was recommended to approve the hiring of Mark Cleare as a seasonal supervisor for the Civic
Arena.
Item 7. It was recommended to approve the hiring of James Bredemus and Julie Russomanno as seasonal
concession workers for the Northview fields.
Item 8. The drug testing policy for lifeguards employed by Cascade Bay was continued for adoption.
Item 9. It was recommended to accept the resignation of the Administrative Intern.
B. Contract 99-11, receive bids/ award contract (Wescott Road - Sealcoat & Restriping:). It was
recommended to reject all bids for Contract 99-11 (Wescott Road Sealcoat & Restriping Improvements),
order the deletion of the sealcoating portion of said contract, and authorize the advertisement for a bid
opening to be held at 10:30 a,m. on Thursday, August 26,1999, for the revised contract.
C. Contract 99-09, receive bids/ award contract (Advent United Methodist/Patrick Eagan Park - Parking
Lot and Utilities). It was recommended to receive the bids for Contract 99-09 (Advent United Methodist
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EAGAN CIlY COUNCIL MEEfING MINUTF5; AUGUST 3, 1999
PAGE 3
Church/Patrick Eagan Park - Park Lot & Utility Improvements), award the contract to Bituminous
Roadways, for the Base Bid in the amount of $119,712,00, and authorize the Mayor and City Clerk to
execute all related documents.
D. Project 97-00, acknowledge completion/ authorize City maintenance (GVR Acres - Street & Utilities).
It was recommended to acknowledge the completion of Contract 97-QQ (GVR Acres - Street & Utilities)
and authorize perpetual City maintenance subject to warranty provisions.
E. Contract 98-18, approve Change Order No.2 (Oak Pond Road - Street Improvements). It was
recommended to approve Change Order No.2 to Contract 98-18 (Oak Pond Road - Street Improvements)
and authorize the Mayor and City Clerk to execute all related documents.
F, Contract 99-03, approve Change Order No.1 (Yankee Reservoir - Refurbish & Repaint). It was
recommended to approve Change Order No.1 to Contract 99-03 (Yankee Doodle Reservoir - Refurbish
and Repaint) and authorize the Mayor and City Clerk to execute all related documents.
G. Contracts 98-N & 0, amend development contract (Completion Schedule - Pinetree Pass 2nd & 3rd
Add.). It was recommended to approve an amendment to the development contracts for Projects 98-N
and 98-0 (Pinetree Pass 2nd and 3rd Additions - Street and Utilities) by extending the completion time for
the bituminous wear course until September 15, 1999.
H. Project 663, approve settlement agreement (Valley View Plateau - Nooryshokry). It was
recommended to approve a Settlement Agreement for Parcel 10-41000-012-01 regarding the assessment
for Project 663 (Valley View Plateau - Street and Utility Improvements) and authorize the Mayor and City
Clerk to execute all related documents.
I. Project 98- T, amend development contract (Completion Schedule - Royal Oaks Add.). It was
recommended to amend the development contract for Project 98- T (Royal Oaks Addition - Street and
Utilities) by extending the completion time for the bituminous wear course until August 30,2000.
J. Advertise for bids Fire Station No.2 repairs. It was recommended to authorize an advertisement for
bids to consider repairs to Fire Station No.2.
K. Construction/Demolition debris hauler license for Armor Roll-Off Services. It was recommended to
approve a construction/ demolition debris hauler license for Armor Roll-Off Service as presented.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
Consent Agenda. Aye: 5 Nay: 0
PUBLIC HEARINGS
VARIANCE - MICHAEL CORAZZO
The variance request was withdrawn by the applicant.
PROJECT 694, FINAL ASSESSMENT HEARING - NORTHWOOD PARKWAY
Councilmember Bakken moved, Councilmember Carlson seconded a motion to reschedule the
public hearing for Project 694 (Northwood Parkway - Street and Utility Improvements) to August 17,
1999. Aye: 5 Nay: 0
EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 3,1999
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V ACATION OF DRAINAGE & UTILITY EASEMENTS (OAKBROOKE ADDITION)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she
closed the public hearing.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
vacation of the drainage and utility easements on Lot 4, Block 1, Lot 4, Block 2, Lot 23, Block 3 and Lot 14,
Block 4, Oakbrooke Addition and authorize the Mayor and City Clerk to execute all related documents.
Aye: 4 Nay: 0 (Blomquist abstained)
VACATION OF DRAINAGE & UTILITY EASEMENTS (HIGHVIEW PARK)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
Mayor A wada opened the public hearing to anyone wishing to speak. There being no one, she
closed the public hearing.
Councilmember Carlson moved, Councilmember Masin seconded a motion to approve the
vacation of a drainage and utility easement on Lot 1, Block 1, Highview Park Addition and authorize the
Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMITS - TELIGENT/OPUS
(EAGAN DALE CENTER INDUSTRIAL PARK NO. 13 - 3030 LEXINGTON AVENUE)
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
Conditional Use Permit to allow a 2,OOO-gallon above ground fuel storage tank on property located at
3030 Lexington Avenue subject to the following conditions:
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its
approval by.the City Council.
2. The tank shall be located in the east area of the site identified on the site plan dated
6/7/99 and site plan detail dated 4/28/99.
3, A protective barrier that is acceptable to the Fire Marshal shall be installed around the
tank.
4, The applicant shall provide to the City with the fuel oil tank plans for review prior to
tank installation.
Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a
Conditional Use Permit to allow the outside storage of vehicles on property located at 3030 Lexington
Avenue subject to the following conditions:
EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 3,1999
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1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its
approval by the City Council.
2. Outdoor storage activities shall be confined to the east area of the site identified on the
site plan dated 6/7/99 and site plan detail dated 4/28/99.
Aye: 5 Nay: 0
REZONING - CITY OF EAGAN, OF 6.3 ACRES FROM R-4 (MIXED RESIDENTIAL) TO
R-l (SINGLE FAMILY) FOR PROPERTY PRESENTLY OWNED BY THE U.S. POSTAL SERVICE,
LOCATED ON JOHNNY CAKE RIDGE ROAD, SOUTH OF DIFFLEY ROAD, AND JUST NORTH
OF THE NORTHRIDGE FAMILY HOUSING IN THE NW 1/4 OF SECfION 28
City Administrator Hedges provided an overview on this item and stated that the property
owner had not been noticed and said it would be necessary to refer this matter back to the Advisory
Planning Commission. Senior Planner Ridley questioned if the Council, based on discussion by the APC,
would like to initiate a rezoning of the Wilmus property to the north of the U.S.P.S site from R-B to R-1.
Councilmember Blomquist moved, Councilmember Bakken seconded a motion to refer the
Rezoning of 6.3 acres from R-4, Mixed Residential to R-1, Single Family Residential located south of
Diffley Road and east of Johnny Cake Ridge Road, in the NW 1/4 of Section 28 to the August 24,1999
Advisory Planning Commission meeting. Aye: 5 Nay: 0
Councilmember Blomquist moved, Councilmember Carlson seconded a motion to direct the
Advisory Planning Commission to consider a rezoning of the Wilmus property to the north for a zoning
change to R-1 at the August 24,1999 APC meeting. Aye: 5 Nay: 0
PRELIMINARY PLANNED DEVELOPMENT - SIEGER ARCHITECfS
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Councilmember Bakken moved, Councilmember Masin seconded a motion to approve a
Preliminary Planned Development (Eagan Woods Office Park 3rd) of 4.2 acres to allow a six-story hotel on
property legally described as Outlot A, Eagan Woods Office Park,located southwest of Pilot Knob Road
and 1-494 in the NE 1/4 of Section 4 subject to the following conditions: .
Standard Conditions
1. The property shall be replatted.
2. A Planned Development Amendment Agreement shall be executed and recorded with
the County Recorder's office.
3. A final Planned Development Agreement shall be executed prior to Final Planned
Development approval. The following exhibits are necessary for the Final PD
Agreement: '
Final Site Plan
Final Building Elevations
Final Signage Plans
Final Landscape Plan
Final Lighting Plan
EAGAN CIlY COUNCIL MEETING MINUTES; AUGUsr 3, 1999
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4. The term of this Planned Development shall be five years.
Airport Noise
5. The building plans, materials and construction shall be such that they will ensure an
interior sound level of 50 dBA (provisional land use performance standards) as compared
with a noise level of 75 DNL (based on the inside boundary of the noise zone). This
would require an inside noise level reduction of at least 25 dBA (DNL level minus
required dBA level) as compared with the noise level at the inner boundary of the noise
zone, in this case 75 DNL.
Setbacks
6. Minimum setbacks shall be as identified on the Site Plan dated 6/14/99.
Parking
7. Parking stalls where vehicle overhang cannot be accommodated shall be 20 feet deep.
Elevations
8. North and south building elevations shall be constructed of materials and design
consistent with the east and west elevations.
Signage
9. Signage shall be permitted on the buildings in the locations as proposed.
10. All signage shall comply with the dimensional requirements of the City Code, but shall
not exceed the areas proposed in the signage plans.
11. Signage for this development shall not include a pylon sign.
Landscaping
12. The landscape and reforestation plans shall be revised to designate some of the proposed
mitigation trees as required landscaping to visually break up the expanse of building
walls.
Wetlands/Water Quality
13. Water quality dedication shall be fulfilled through a cash dedication in lieu of on-site
ponding.
Easements/Rights-of-Way /Perrnits
14. The developer shall be responsible for obtaining approval from the appropriate
jurisdictional agency for all work within Pilot Knob Road right-of-way.
15, Restricted access shall be dedicated on the final plat along the entire length of Pilot Knob
Road adjacent to the development.
EAGAN CIlY COUNCIL MEETING MINUTFS; AUGUST 3,1999
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16, The vacation of Eagan Woods Drive shall be done concurrently with or prior to final plat
approval.
Tree Preservation
17. The applicant shall provide a revised Tree Preservation and Mitigation Plan that
identifies definite plans for achieving the mitigation required by the City's tree
preservation ordinance.
18. Tree Protective measures (i.e. orange colored silt fence or 4 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.
19. The applicant shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan and placement of the Tree Protection fencing.
Parks and Recreation
20. This development shall be responsible for cash park and trail dedications.
Mayor Awada indicated her support for the proposed development adding that the City would
benefit from a full-service hotel. Councilmember Blomquist agreed and further asked if the conference
facility could be enlarged.
Bob Sieger, President of Sieger Architects, stated that they are looking into the feasibility of
enlarging the conference facility, lowering the building elevation and retaining the cluster of oak trees on
the site.
Councilmember Carlson expressed concern about the lack of parking. Mr. Sieger said that based
on their experience, parking should not be viewed individually by each use on site because there is
overlap created by hotel guests using the conference facility and restaurant, etc. He also stated that
airport shuttle service will eliminate vehicle parking on site and that if the conference facility is enlarged,
parking would be increased proportionately. Councilmember Carlson requested to see the study
referenced in Tim Dunn's letter dated July 27, 1999 that was commissioned two years ago pertaining to
the hotel industry. She said that at some point in time the Council needs to discuss the potential
saturation of this industry. She added that a full-service facility such as this is needed in the City.
A vote was taken on the motion. Aye: 5 Nay: 0
Councilmember Blomquist moved, Councilmember Masin seconded a motion to direct staff to
work with the architect on enlarging the conference facility.
Councilmember Carlson stated that the developer should make the determination whether they
want to expand the conference facility and it should be a private market decision and not be dictated by
Council action. Councilmember Bakken added that staff is always willing to work with people and the
Council should not force the appli~ant to enlarge the conference facility unless he so desires.
Councilmembers Blomquist and Masin withdrew their motion.
Tim Dunn, General Manager of the Yankee Square Inn, said he believes that the hotel market has
been overbuilt in the City of Eagan. He presented market statistics for local hotels and said that
occupancy levels are dropping in the City, He said that although he believes in competition he also
believes in a controlled market in any industry.
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EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 3, 1999
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Mayor Awada said that government control of a market is a philosophical issue. Councilmember
Carlson said that the loss of 1,100 hotel rooms near the airport would shift Eagan's market.
Mr. Dunn said that the City has to look toward the future and make a decision about the number
of rooms that can be supported. Councilmember Blomquist stated that this proposed development is
unlike any other hotel in the City. Councilmember Bakken said that the Council could discuss the market
issue in the future.
PROJECT 777, AUTHORIZE FEASIBILITY REPORT
(ASHBURY RD/BLACKHAWK HILLS RD - TRAFFIC CALMING)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
Councilmember Masin moved, Councilmember Blomquist seconded a motion to authorize the
. preparation of a feasibility report for Project 777 (Ash bury Road/Blackhawk Hills Road - Traffic
Calming).
Mayor Awada suggested the City finance the cost of the traffic calming improvements since the
proposed improvements are experimental. Councilmember Blomquist said that she did not want to
commit to assessing the neighborhoods until the Council knows if it could be proved if there was direct
benefit to the property which would increase the value of the homes. Councilmember Masin stated that she
would prefer to see the estimated costs of the improvements and possible assessments before proceeding
with the project. Director of Public Works Colbert responded that this information would be provided in
the feasibility report if authorized.
A vote was taken on the motion. Aye: 5 Nay: 0
Councilmember Carlson moved, Councilmember Bakken seconded a motion to not assess for any
traffic calming measures for the Ashbury Road/Blackhawk Hills neighborhoods, Aye: 4 Nay: 1
(Councilmember Masin opposed)
ADMINISTRATIVE AGENDA
CORRESPONDENCF/LARRY POPPLER
Mayor A wada suggested that background information should be provided to the City Council for
review. Councilmember Bakken concurred and said he would like to know the facts before discussing
this matter.
Mayor A wada moved, Councilmember Bakken seconded a motion to direct the City
Administrator to present background information for review and direction by the City Council at a future
City Council meeting.
Councilmember Blomquist said she preferred to have the Public Works Committee meet to
determine what information shoukl be presented to the two Councilmembers who are unfamiliar with
this issue.
A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed)
ANTENNA LEASE AGREEMENT - SOUTHERN LAKES WATER TOWER
Director of Public Works Colbert provided an overview on this item.
EAGAN CIlY COUNCIL MEETING MINUTES; AUGUsr 3,1999
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Mayor Awada moved, Councilmember Carlson seconded a II\otion to approve the lease
agreement with Skytel-Destineer for the Southern Lakes Water Tower and authorize the Mayor and City
Clerk to execute all related documents. Aye: 5 Nay: 0
ROUND TABLE
Councilmember Masin stated that the City of Burnsville is working on a community program that
will address ways to reduce speeding. She requested staff obtain background information on the
program from the City of Burnsville.
Councilmember Blomquist referred to a memo prepared by City Attorney Sheldon in response to
a hypothetical question regarding the open meeting law. She questioned which members of the City
Council would vote on whether a violation of state statute had occurred. City Attorney Sheldon said that
members of the Council would not be required to make any decisions until there was an actual lawsuit.
Councilmember Blomquist asked if residents would be assessed for the construction of the
Highway 55 frontage road since the Council took action to install a cul-de-sac for access to Windsor
Estates, Director of Public Works Colbert stated that assessments to residents are proposed to be levied
for this project as approved by the Council at the public hearing.
Councilmember Blomquist raised a question about the comments from the Cascade Bay
neighborhood meeting. City Administrator Hedges stated that the draft comments that appeared in the
Informative Memo were sent to the residents along with a copy of the petition requesting the installation
of a windscreen and a screen wall. He further stated that a follow up meeting would be held with the
neighborhood to discuss some options for a screen wall. Councilmember Blomquist said that the City has
an obligation to test the chlorine smell that has been emanating from Cascade Bay.
ADJOURNMENT
The meeting adjourned at 7:50 p.m.
MLK
AUGUST 3, 1999
Date
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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.