10/05/1999 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNOL
~ Minnesota
October S, 1999
A regular meeting of the Eagan City Council was held on Tuesday, October 5, 1999 at 6:30 p.m.
at the Eagan Munidpal Center. Present were Mayor A wada 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.
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Mayor Awada noted that the selection of a Police Chief would be added to Department Head
Business. She said that with regard to Item I, Final Planned Development RiverPark Phase I. Blue Cross
Blue Shield, Blue Cross had also requested the approval of a footing and foundation permit. City
Administrator Hedges added that a videotape of the Multi-Cultural Fest held on September 19 would
also be shown during Department Head Business.
Mayor Awada moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
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Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
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Mayor A wada requested that the following sentence be added to the end of the last paragraph
on page one, "Mayor Awada suggested that perhaps the Councilmember who is in litigatiem with the City should
not be voting em assessment issues at all. "
Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
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CONVENTION IE VISITORS BUREAU 1999-2000 MARKETING PLAN AND BUDGET
City Administrator Hedges provided an overview on this item. Ann Carlon, Executive Director
of the Eagan Convention & Visitors Bureau, provided additional information on the 1999-2000
Marketing Plan and Budget. Mayor Awada said she would like to meet with Ms. Carlon about
increasing the number of events that could be held in Eagan.
Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the 1999-
2000 Marketing Plan and Budget for the Eagan Convention & Visitors Bureau. Aye: 5 Nay: 0
PROJECT 785, RECEIVE PETITION/AUfHOIlIZE FEASmILl1Y REPORT
(SIDEWALK IE TRAIL IMPROVEMENTS - CITYWIDE)
City Administrator Hedges provided an overview on this item.
Councilmember Masin moved, Councilmember Bakken seconded a motion to receive the
petitions and authorize the preparation of a feasibility report for Project 785 (Citywide Sidewalk and
Trail Improvements). Aye: 5 Nay: 0
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EAGAN crry COUNOL MEE11NG MINUTES; OCIOBER 5, 1999
PAGE 2
SELECfiON OF CHIEF OF POUCE
Mayor Awada commented on the selection of Kent Therkelsen as the new Chief of Police.
Coundlmember Bakken moved, Coundlmember Blomquist seconded a motion to ratify the
hiring of Kent Therkelsen as the Chief of Police. Aye: 5 Nay: 0
Mr. Therkelsen introduced his family and indicated that he is looking forward to the challenge
of being Eagan's new police chief.
Coundlmember Masin commented on the caliber of candidates for this position and said that
was a reflection of the caliber of the Eagan Police Department. She further commented on the positive
comments the Cound.l received regarding Mr. Therkelsen.
VIDEO OF MULTI-CULTURAL FESTIVAL
A videotape presentation of the Multi-Cultural Festival held on September 19 was shown.
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A. Personnel Items
Item 1. It was recommended to approve the hiring of a person to be recommended as a building
inspector.
Item 2. It was recommended to approve the hiring of Jason Storland as a seasonal recreation leader
assistant.
Item 3. It was recommended to approve the hiring of Kimberly Dyer as a seasonal park maintenance
worker.
Item 4. It was recommended to approve the hiring of Lindsay Nelsen as a seasonal concessions worker
for the civic arena.
Item 5. It was recommended to approve the hiring of Torey Flategraff and Kristen Kraft as seasonal
civic arena supervisors.
Item 6. It was recommended to approve the hiring of Delana Jangula as a part-time temporary high
school intern in the Parks & Recreation Division.
B. Request for public hearing, certification of delinquent utilities - November 1,1999. It was
recommended to schedule a public hearing for November 1,1999 to consider certification of delinquent
utility balances to Dakota County for collection with property taxes.
C. Proclamation. proclaiming October 17-23,1999 as The Great City Hall Tune-In. It was 99-66
recommended to approve a proclamation proclaiming October 17-23, 1999 as The Great City Hall Tune-
In.
D. Preliminary Plat Extension. Park brook Properties, Inc. for Walden Heights 2nd Addition. It was
recommended to approve a one-year extension for recording the final plat for Walden Heights 2nd
EAGAN aTY COUNCIL MEETING MINU'I'e); OC'IOBER 5,1999
PAGE 3
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Addition, consisting of 17 lots on 8.36 acres located between south of Walden Drive and west of Richard
Lane in the NE V. of Section 33.
E. Final Subdivision. Nader Nooryshokry for Nader Addition. It was recommended to approve a Final 99 - 6 7
Subdivision to create three lots on 1.56 acres located in the corner of Highview A venue and Bridgeview
Terrace in the southwest V. of Section 4.
F. Change Order 15. Fire Administration building. It was recommended to approve Change Order No.
S in the amount of $2,420.00.
G. Off-Sale beer license for Kwik Trip, Inc. dba Kwik Trip 1662 located at 3145 Dodd Road. It was
recommended to approve off-sale beer license for Kwik Trip, Inc. dba Kwik Trip 1662 located at 3145
Dodd Road.
H. Extension. preliminary subdivision approval Gopher Eagan Industrial Park 6th Addition. It was
recommended to approve a 90 day extension of the recording requirement for the Gopher-Eagan
Industrial Park 6th Addition (located north of Yankee Doodle Road and west of T.H. 149 within the SW
V. of Section 12.
I. Final Planned Development RiverPark Phase I, Blue Cross Blue Shield. It was recommended to
approve a Final Planned Development to allow a 138,660 square foot office building (Phase I) upon a
52.3 acre site located at 3400 Yankee Drive, west of Highway 13 and south of Yankee Doodle Road
within the south 1/2 of Section 8 and the north Ih of Section 17 and to approve a footing and foundation
permit.
J. Request for Public Hearing. certification of delinquent false alarm bills - November 1,1999. It was
recommended to set a public hearing for November 1, 1999 to consider the final assessment of the
delinquent false alarm bills and certify them to Dakota County for collection with property taxes.
K. Service station and tobacco license for Holiday Stationstores #318 located at 3044 Holiday Lane. It
was recommended to approve a service station and tobacco license for Holiday Stationstores #318
located at 3044 Holiday Lane.
L. Tree contractor license for Valley Tree Service. It was recommended to approve the tree contractor
license for Valley Tree Service.
Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve the
Consent Agenda. Aye: 5 Nay: 0
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PROJECT 752, FINAL ASSESSMENT HEARING, JOHNNY CAKE :RIDGE RD.
(STREET REHABIUTATION - OVERLAY)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report. No one was present to speak at the public hearing.
Mayor A wada opened the public hearing to anyone wishing to speak. There being no one, she
turned the discussion back to the Coundl.
Coundlmember Bakken moved, Counci1member Carlson seconded a motion to close the public
hearing and approve the final assessment roll for Project 752 Oohnny Cake Ridge Road - Street Overlay)
and authorize its certification to Dakota County for collection.
EAGAN crry COUNaL MEETING MINU'IE5; OCTOBER 5, 1999
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Councilmember Masin stated that she would be voting against assessments until the evaluation
of the City's street assessment policy is complete. City Administrator Hedges stated that the
performance evaluation information should be available next week. Mayor Awada noted that the City
Council has discussed this issue numerous times and the City's assessment policy has been upheld. She
added that Coundlmembers Blomquist and Masin requested the completion of a performance review.
Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed)
PROJECf 753, FINAL ASSESSMENT HEARING, THOMAS LAKE RD.
(STREET REHABILITATION - OVERLAY)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report. No one was present to speak at the public hearing.
Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she
turned the discussion back to the Council.
Coundlmember Carlson moved, Coundlmember Bakken seconded a motion to close the public
hearing and approve the final assessment roll for Project 753 (Thomas Lake Road - Street Overlay) and
authorize its certification to Dakota County for collection. Aye: 3 Nay: 2 (Coundlmembers Blomquist
and Masin opposed)
PROJECf 756, FINAL ASSESSMENT HEARING, WOODGATE :pm, TIBERON, MALLARD PARK
:pm ADDmO~ (STREET REHABILITATION - OVERLAY)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report. No one was present to speak at the public hearing.
Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she
turned the discussion back to the Council.
Councilmember Carlson moved, Coundlmember Bakken seconded a motion to close the public
hearing and approve the final assessment roll for Project 756 (Mallard Park 3rd, Tiberon lat, and
Woodgate 3rd Additions - Street Overlay) and authorize its certification to Dakota County for collection.
Aye: 3 Nay: 2 (Coundlmembers Blomquist and Masin opposed)
VACATE PUBUC DRAINAGE IE UTIUIY EASEMENT
(LOT 13, BLOCK 3, EAGAN ROYALE)
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
turned the discussion back to the Council.
Coundlmember Bakken moved, Councilmember Carlson seconded a motion to close the public
hearing and approve the vacation of a portion of a public drainage and utility easement within Lot 13,
Block 3, Eagan Royale and authorize the Mayor and City Oerk to execute all related documents. Aye: 5
Nay: 0
VACATE PUBUC PONDING EASEMENT
(LEXINGTON POINTE tzrB ADDmON)
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EAGAN Cl1Y COUNCIL MEETING MINU'I'5; OCTOBER 5, 1999
PAGES
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
turned the discussion back to the Council.
Coundlmember Bakken moved, Councilmember Carlson seconded a motion to close the public
hearing and approve the vacation of a public ponding easement within Outlot A, (Document No.
860179) and authorize the Mayor and Oty Oerk to execute all related documents. Aye: 5 Nay: 0
VARIANCE, THOMAS A. BANE LOCATED AT
3661 ASHBURY ROAD
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mayor A wada opened the public hearing to anyone wishing to speak.
Thomas Bane, 3661 Ashbury Road, explained the need for the addition to his home.
Councilmember Carlson moved, Mayor Awada seconded a motion to close the public hearing
and approve a 4.5 percent Variance to the maximum 20 percent building lot coverage allowed in
residential districts for Lot 1, Block 2 Blackhawk Glen lat Addition.
Mayor Awada stated that she supported the variance request because no opposition was
expressed by the neighbors. Councilmember Bakken added that in the past the Oty Council has
justified approving variances that support ADA requirements. He further added that the applicant
needs extra living space since they are caring for an elder parent.
A vote was taken on the motion. Aye: 5 Nay: 0
TAX RATE CERTIFICATION
City Administrator Hedges provided an overview on this item.
Mayor A wada opened the public hearing to anyone wishing to speak. There being no one, she
closed the public hearing. 99- 6 5
Councilmember Masin moved, Councilmember Carlson seconded a motion to approve a
resolution authorizing a tax rate increase for the 1999 Tax Levy, collectible in 2000. Aye: 5 Nay: 0
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PROJEcr 768, ~ORTIlWOOD P AIU<WAY (IUGHT-QF-WAY ACQUlSmON)
Oty Administrator Hedges provided an overview on this item. He noted that the City received
a letter from Larry Wenzel requesting the City continue with the environmental study of the MnDOT
property. Councilmember Blomquist questioned if Mr. Wenzel would like the easterly portion of
Marice vacated. Director of Public Works Colbert said that Mr. Wenzel had indicated that was his
preference in a phone conversation last week.
EAGAN CITY COUNaL MEE'IlNG MINtJTFS; OCTOBER 5, 1999
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Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to reaffirm active
negotiations with MnDOT for reconveyance of surplus land (Lots 1 & 2, Block 3 Effress Addition and
authorize the environmental assessment study). Aye: 5 Nay: 0
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NEIGHBORHOOD TRAFFIC CALMING REQUESTS, DENMARK AVENUE
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report.
Dan Simms, 3794 Denmark A venue, indicated he was the neighborhood spokesperson. He
expressed concern with traffic volumes and speed and the lack of sidewalks. He stated that their
neighborhood street is functioning as a community collector street. He requested the Council
commission a study to investigate possible traffic calming measures.
Pastor Cliff Crook, 3715 Denmark Court West, said that the growth of the retail district north of
the neighborhood has added to the traffic volumes. He expressed concern about pedestrian safety.
Mr. Simms identified several options for mitigating the traffic issues along Denmark, which
included the construction of a median between Denmark Court East and West or the installation of
sidewalks and a choker system. He referenced a petition signed by residents in support of the closure of
Denmark Avenue.
Coundlmember Masin moved, Coundlmember Carlson seconded a motion to direct the
preparation of a traffic study of Denmark A venue. Aye: 5 Nay: 0
CONDmO~AL USE PERMIT, WAL-MART
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
A manager ofWal-Mart stated that the approval of the application would allow the temporary
storage of extra freight for three-months during the holiday season. He added that the containers will
be locked and no public access will be allowed. Coundlmember Masin referenced problems associated
with outdoor storage that have occurred at the Wal-Mart site in the past. Senior Planner Ridley noted
that Wal-Mart's new management team has satisfactorily resolved the compliance issues.
Coundlmember Carlson expressed concern about approving a Conditional Use Permit to allow outdoor
storage on this site and suggested that an Interim Use Permit would provide the City with more control.
Mayor Awada concurred and noted that the City had granted Kohl's an eighteen-month IUP.
Coundlmember Blomquist also concurred with the granting of an IUP versus a CUP.
Coundlmember Masin moved, Coundlmember Carlson seconded a motion to deny a
Conditional Use Permit to allow outside storage of up to ten storage containers within the existing
garden center at the Wal-Mart store at 1360 Town Centre Drive, legally described as Lot 1, Block 1,
Town Centre 70 Eleventh Addition.
Councilmember Blomquist questioned if the applicant would need to pay additional fees for the
IUP application and also questioned the timeframe to process a new application. Senior Planner Ridley
stated that it would take approximately 60 days to process the application and noted that the cost of the
application is the same as the fee for a CUP. He added that if the applicant withdrew the application
there would be no additional fees required for the IUP. Mayor Awada said that the IUP could be placed
on the October 26 APe agenda and brought to the November 1 City Council meeting.
EAGAN 01Y COUNCIL MEE'I1NG MINU'I'ES; OCTOBER 5, 1999
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The applicant withdrew the application for a Conditional Use Permit.
Councilmembers Masin and Carlson withdrew their previous motion. Coundlmember Carlson
noted that the applicant would be unable to take advantage of the IUP for this holiday season. The
applicant indicated that since the IUP will not be acted upon until November 1, additional storage of
holiday freight will not be needed this year. Mayor Awada said that the IUP should be made effective
in September of 2000 and run for eighteen months.
Pl.AM'lED DEVELOPMENT AMENDMENT, OPUS ~ORTHWEST, LLC
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mayor Awada moved, Councilmember Carlson seconded a motion to recommend approval of a
Planned Development Amendment for Lot 1, Block 1, Eagandale Center Industrial Park No. 15, (SE Tech
Center) to allow a detached enclosure for trash storage, subject to the following conditions:
1. An Amendment to the Planned Development Agreement shall be executed and
recorded against the property.
2. The trash enclosure shall be constructed to comply with the approved plans dated
8/2/99, last revised 9/20/99.
3. All outside storage of trash and recyclables shall be in proper containers within the
enclosure, and the enclosure doors shall be closed at all times unless in use.
Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION, CEDAR CLIFF PROPERTIES, LLC
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Coundlmember Carlson left the meeting at 8:05 p.m.
Councilmember Bakken moved, Coundlmember Masin seconded a motion to approve a
Preliminary Subdivision entitled the "Oak Cliff 9th Addition" located south of Cliff Road and west of
Slater Road upon property currently platted as Outlot A, Oak Cliff 8th Addition 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:
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2. Existing drainage and utility easements covering public utilities shall be maintained as
part of this development:
3. As a condition of Final Subdivision approval, the scenic easement within proposed Lot 2
shall be recorded.
4. The applicant shall provide site plans, landscaping plans and lighting plans to the Oak
Cliff Ponds Homeowner's Association prior to City Coundl action on the Final Planned
Development Agreement.
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Aye: 4 Nay: 0 (Councilmember Carlson was absent for the vote)
Councilmember Carlson returned to the meeting at 8:10 p.m.
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REVJIM' ocrOBER/NOVEMBER/DECEMBER. COUNCIL SCHEDULE
City Administrator Hedges provided an overview on this item. Mayor A wada noted that the
Mayors' sodal planned for October 21 has been changed to November 4.
Mayor Awada moved, Councilmember Bakken seconded a motion to adopt the revised
October/November/December calendar to schedule Special City Council meetings for the remainder of
1999. Aye: 5 Nay: 0
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Joseph Bari raised a question regarding next year's tax capadty rate. City Administrator
Hedges provided an explanation on the purpose of the new legislation requiring dties to approve a
resolution authorizing a tax rate increase for the 1999 tax levy, collectible in 2000.
City Administrator Hedges mentioned that the new police chief will be sworn in at the
November 1 City Council meeting.
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The meeting was adjourned at 8:15 p.m.
October 5, 1999
Date
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TOO 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.