06/03/1997 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 3, 1997
OCl83
A regular meeting of the Eagan City Council was held on Tuesday, June 3, 1997 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Egan and CounciImembers Wachter, Masin and Blomquist.
Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works
Tom Colbert, and City Attorney Jim Sheldon. CounciImember Awada was absent.
AGENDA
City Administrator Hedges stated that, if time permitted, the City Council could discuss
consideration of parking and building facilities on the Municipal Campus site prior to Public Hearings.
He also mentioned that Items 1 and 2 on the Administrative Agenda under City Administrator could be
added to the Consent Agenda if the Council desired.
CounciImember Wachter moved, CounciImember Blomquist seconded a motion to approve the
agenda as presented. Aye: 4 Nay: 0
MINUTESOF.THEitdAY1~,1997 REGULAR MEETING
CounciImember Blomquist moved, CounciImember Masin seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0
MINUTES OF THE MAY 19,1997 SPF;CIAL MEETING
CounciImember Blomquist moved, CounciImember Wachter seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0
MINUTESPJ;':['HEMAY 1~, 1997 SPECIAl.. MEETING
CounciImember Wachter moved, CounciImember Blomquist seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0
DEPARTMENT HEAD BUSINESS
PRESENTATION, 1996 ANNUAL FINANCIAL REPORT
City Administrator Hedges provided an overview on this item. Finance Director VanOverbeke
introduced David Hinnenkamp of Kern, DeWenter, Viere, Ltd who presented the December 31, 1996
Comprehensive Annual Financial Report. He also discussed the management letter and the schedule of
federal financial assistance. CounciImember Wachter stated he would like to be able to further review the
documents and possibly comment at a subsequent City Council meeting.
CounciImember Masin moved, CounciImember Wachter seconded a motion to receive and accept
the December 31, 1996 Comprehensive Annual Financial Report. Aye: 4 Nay: 0
CONSIDER PROCESS TO PROCEED WITH FURTHER CONSIDERATION OF
PARKING & BUILDING FACILITIES ON THE MUNICIPAL CAMPUS SITE
(This item was on the Administrative Agenda)
City Administrator Hedges provided an overview on this item. CounciImember Wachter stated
that he had requested the City Council discuss providing staff with the direction to pursue a formalized
master plan on the timeline, financing and other issues relative to proposed development of an
amphitheater, pool, second sheet of ice, parking and other possible uses for the Municipal Campus.
CounciImember Masin said she thought that when the original design was being completed for the Ice
Arena the architect had tried to incorporate a pool in those plans. She added that the City Council gave
the Advisory Parks Commission a charge to bring back a parks system program and that this issue is one
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997
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they should address within that scope. CounciImember Wachter noted that this will be a joint effort
between the City Council and the APC, but he said that this request should remain with the City Council
for now. CounciImember Blomquist stated that the request being made is what the City Council had
envisioned in the past. She further stated that this request is in keeping with the Parks Master Plan and
she agreed that it should remain at the City Council level for now. Mayor Egan agreed that it should
parallel the Parks Master Plan and that it should stay at the Council level also. He suggested getting
CounciImember Awada's input.
CounciImember Masin restated that she thought the APC was given this charge. City
Administrator Hedges noted that the City Council did give a charge to the APC last fall asking them to
suggest how the money in the park site fund should be spent with regard to the Parks Master Plan. He
added that the architect for the Civic Arena was asked to take into account expansion of the facility for a
second sheet of ice. Director of Parks and Recreation Vraa concurred with City Administrator Hedges
and added that CounciImember Wachter's request has not been laid out in a formalized plan.
CounciImember Masin said she was sure the pool was taken into consideration. Vraa indicated that was
correct, but he said that the amphitheater and pool together were not addressed at that time.
CounciImember Blomquist said that CounciImember Wachter is only requesting a plan be prepared
showing how everything would layout on the site and also the cost. CounciImember Masin requested to
see the plans from the design of the Civic Arena and also the pool.
CounciImember Wachter moved, CounciImember Blomquist seconded a motion to direct staff to
pursue a formalized master plan on the timeline, financing and other issues relative to proposed
development of an amphitheater, pool, second sheet of ice, parking and other possible uses for the
Municipal Campus. Aye: 4 Nay: 0
FISCAL DISPARITIES DISCUSSION
CounciImember Wachter said he would like to see if the Legislature would consider the use of
fiscal disparities to reduce property taxes. He further said if that is not an option he would like to have
City Administrator Hedges contact Bob Renner, Municipal Legislative Commission lobbyist, to see if the
Legislature would consider allowing the City to allocate $5 million of the City's mandatory contribution
for fiscal disparities and designate it toward the construction of the Twins Stadium.
Direction was provided for City Administrator Hedges to check on both suggestions offered by
CounciImember Wachter.
CONSENT AGENDA
A. Personnel Items
Item 1. It was recommended to accept the resignation of Jeffrey Tupy from his position as a street
maintenance worker and authorize filling the position.
Item 2. It was recommended to accept the resignation of Greg Schindler from his position as a park
maintenance worker and authorize filling the position.
Item 3. It was recommended to accept the resignation of Steve Dorgan from his position as an Associate
Planner.
Item 4. It was recommended to approve the hiring of Lynn Hanson and Matt Hanson as seasonal park
maintenance workers.
Item 5. It was recommended to approve the hiring of Katy Plotcher as a seasonal park attendant.
Item 6. It was recommended to approve the hiring of Marc Shipee as a seasonal tree inspector.
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Item 7. For information only. The person hired for the part-time building maintenance worker is
Elizabeth Riel.
B. Appointment of City representatives to Gun Club Lake and Black DoS! WMO Boards. It was
recommended to appoint Design Engineer John Gorder and re-appoint Water Resources Coordinator
Rich Brasch to represent the City of Eagan on the Board of the Gun Club Lake Watershed Management
Organization (GCLWMO). To re-appoint Scott Merkley to fill the citizen representative position for the
City of Eagan on the GCLWMO Board. To re-appoint Department of Public Works Director Tom Colbert
to fill the alternate position for the City of Eagan on the GCLWMO and to fill the City of Eagan's Board
position on the Black Dog Watershed Management Organization
C. Recommendation, Airport Relations Commission, request for MAC study of relationship of weather to
corridor compliance. It was recommended to approve a recommendation by the Airport Relations
Commission that the City request a study by the Metropolitan Airports Commission of the relationship
between weather systems and levels of non-compliance with the Eagan-Mendota Heights corridor
procedures.
D. Approve of purchase agreements, Highway 55 Redevelopment District, 845 and 855 Lone Oak Road
homes. It was recommended to approve purchase agreements for the William Lengemann home at 845
Lone Oak Road and the Celeste Straw home at 855 Lone Oak Road for purposes of removal and
redevelopment as a part of the Eagan Business Commons project within the Highway 55 redevelopment
district.
E. Contract 97-08, receive bids/ award contract (Wescott & Pilot Knob Rds. - Signal Revision). It was
recommended to receive the bids for Contract 97-08 (Wescott & Pilot Knob Roads - Signal Revision),
award the contract to the lowest responsible bidder and authorize the Mayor .and City Clerk to execute all
related documents.
F. Contract 97-01A, approve plans/ authorize ad for bids (Signal EVP - Installation). It was
recommended to approve the plans and authorize the advertisement for a bid opening to be held at 10:30
a.m. on July 10,1997, for Contract 97-01A (Comprehensive Signal Emergency Vehicle Pre-emption
installation).
G. Extension for recording the final plat of Safari At Eagan 3rd Addition - Fortune Realty. It was
recommended to approve a request for an extension to filing and recording the approved Final
Subdivision for Safari at Eagan 3rd Addition until August 1, 1997.
H. Final Planned Development - Wheatstone Restaurant Group, LLC for Lot 3, Block 2, Eagan
Promenade (Houlihan's). It was recommended to approve a Final Planned Development to allow a 6,650
sJ. Class I restaurant (Houlihan's) on Lot 3, Block 2, Eagan Promenade.
I. Settlement - Citi-Cargo. It was recommended to ratify the Settlement Agreement and Stipulation of
Dismissal between Citi-Cargo and Storage Company Inc. and the City of Eagan. (Mayor Egan abstained
from voting on this item.)
J. Parade Permit, Eagan Lions Club for Fourth of July Fun Fest. It was recommended to approve a
parade permit for the Eagan Lions Club to hold the annual Fourth of July Parade on Blackhawk Road
between Diffley Road and Blue Cross Road.
K. Temporary beer license for Eagan Lions Club for Fourth of July Fun Fest. It was recommended to
approve a temporary beer license for the Eagan Lions Club for a beer tent to be located at Sky Hill Park
for the sale of beer between July 3 - 5, 1997.
1. Contract, City of Eagan and HealthEast Transportation, Inc. for pre-arrival emergency medical
instructions. It was recommended to approve a contract between the City of Eagan and HealthEast to
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provide pre-arrival emergency medical instruction for residents requesting them through the City's
dispatch services. (This item was continued to the June 17, 1997 City Council meeting for the purpose of
allowing HealthEast's legal counsel to review the contract.)
M. Set public hearing for Julv 15, 1997 for General Obligation Backing - Housing Development Revenue
Bonds. It was recommended to set a public hearing for July 15, 1997 for General Obligation Backing-
Housing Development Revenue Bonds. (This item was added to the Consent Agenda from the
Administrative Agenda.)
N. Exemption from Lawful Gambling License - Burnsville Rotary. It was recommended to approve an
Exemption from Lawful Gambling License for the Burnsville Rotary to conduct a raffle at Royal Cliff,
2280 Cliff Road on December 7, 1997. (This item was added to the Consent Agenda from the
Administrative Agenda.)
CounciImember Wachter moved, CounciImember Masin seconded a motion to approve the
consent agenda. Aye: 4 Nay: 0
PlJBUClIEARlNGS
PROJECT 682, FINAL ASSESSMENT HEARING
(DEERWOOD TOWNHOMES - UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. He noted that five objections were received. Mayor Egan opened the public hearing
to anyone wishing to speak.
Todd Franz, 1525 Deerwood Drive, stated that the assessment process and the taking of his
property has been unfair. He said they already are connected to sanitary sewer and were previously
assessed for it and feel they are not receiving any benefit to their property from the sewer pipe that was
installed to provide service to the Deerwood Townhomes.
Director of Public Works Colbert explained that the assessment before the City Council this
evening is against Mr. Franz's residual property, which is much larger. He said the benefit is accruing to
the residual property because of the ability for the Franzs to subdivide the property.
Ellen Franz, 1525 Deerwood Drive, stated that there is no incentive for the City to have settled for
a lower price for the easement acquisition on their property, since the costs incurred by the attorneys just
get added to the assessments against the property owner.
CounciImember Wachter said he would like to see the assessment history on this property.
CounciImember Blomquist stated that if the Franzs have paid an assessment already she would like to
defer any further assessment until such time that the property develops and she added that no interest
should be charged. She further added that at this point the Franzs would not be receiving any benefit.
Mayor Egan requested that the staff work out a deferment agreement with the Franzs.
Gene Rechtzigel, 1620 Deerwood Drive, stated that the assessments seem to be unfair. He added
that the City is trying to assess them for the unneeded portion of their property and he also felt that the
school should be assessed, along with the City for the water tower parcel.
Director of Public Works Colbert explained the rationale for the calculation of the assessment,
adding that the school already prepaid their assessments. He commented that the City is still going
through the acquisition process with regard to the water tower parcel. City Attorney Sheldon stated that
the City will ultimately have to pay the same area rate assessments as the other property owners. Colbert
also noted that the need for a ten-inch service pipe is for oversizing. Further discussion occurred.
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Arlene Doehling, 1545 Deerwood Drive, stated they are also objecting to this assessment and said
that their easement settlement has resulted in raising the amount of the assessment. She requested a
breakdown of all the property owners and what each is being assessed.
Mayor Egan commented that the City can only assess up to the special benefit realized by the
property owner. Earl Doehling asked for clarification why his assessments have increased so much over
the original estimated amount. Director of Public Works Colbert explained that the original amount was
only an estimate and he said that the cost of the acquisition of easements greatly exceeded that amount.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
CounciImember Blomquist moved, CounciImember Wachter seconded a motion to close the
public hearing and approve the final assessment roll for Project 682 (Deerwood TOwnhomes - Utilities)
and authorize its certification to Dakota County and directed staff to try and negotiate a reasonable
assessment deferral with Todd and Henry Franz, the Doehlings and the Rechtzigels within the next 30
days to try and avoid the filing of an assessment appeal. Aye: 4 Nay: 0
PROJECT 720, EAGAN BUSINESS COMMONS (STREETS & UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
introduced Mark Hanson of Bonestroo, Rosene, Anderlik & Association who provided a summary of the
proposed project. Mayor Egan opened the public hearing to anyone wishing to speak.
Jack Hoeschler, representing Dart Transit, stated that they object to the assessment for the
watermain on Lone Oak Road since it does not benefit Dart's property.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
CounciImember Wachter moved, CounciImember Masin seconded a motion to close the public
hearing and approve Project 720 (Eagan Business Commons - Streets & Utilities) and authorize the
preparation of detailed plans and specifications. Aye: 4 Nay: 0
V ACATE, PUBLIC EASEMENTS & RIGHTS-OF-WAY, LEXINGTON ADDITION
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
CounciImember Wachter moved, CounciImember Blomquist seconded a motion to close the
public hearing and continue action for the vacation of public easements and rights-of-way for the
Lexington Addition until such time as the replat of the Lexington 2nd Addition is scheduled for Council
approval. Aye: 4 Nay: 0
VARIANCE - GREG & WENDY KOCH
Mayor Egan turned the meeting over to Acting Mayor Masin due to a potential conflict of
interest.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Acting Mayor Masin opened the public hearing to anyone wishing to speak.
Wendy Koch, 4481 White Tail Way, explained that the addition will fit in well with the character
of the neighborhood and she stated that the adjacent neighbor did not object to their request.
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There being no one else wishing to speak, Acting Mayor Masin turned the discussion back to the
Council.
CounciImember Blomquist moved, CounciImember Wachter seconded a motion to close the
public hearing and approve a five foot Variance to the required ten foot side yard setback for Lot 12,
Block 2, Fawn Ridge, located at 4481 White Tail Way in the SW 1/. of Section 25. Aye: 3 Nay: 0 (Mayor
Egan abstained)
Acting Mayor Masin turned the meeting back to Mayor Egan.
VARIANCES - NEIL THOMPSON
City Administrator Hedges provided a brief overview on this item. Senior Planner Ridley gave a
staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.
CounciImember Wachter commented that since the variance request is for a pool and not a
building addition he felt it was appropriate.
CounciImember Blomquist moved, CounciImember Wachter seconded a motion to close the
public hearing and approve variances of 16, 15, and 20 feet to the required 30 foot building setback for a
structure along a public road right-of-way for an in-ground swimming pool and equipment structure
along Slater Road and Storland Road for Lot 1, Block 1, Whispering Woods 2nd Addition. Aye: 4 Nay: 0
OLD BUSINESS
ORDINANCE AMENDMENT - CHAPTER 5, LIMITATION ON OWNERSHIP
FOR ON-SALE LIQUOR
City Administrator Hedges provided an overview on this item.
Councilmember Masin moved, CounciImember Blomquist seconded a motion to approve the
proposed ordinance amendment to remove the limitations on ownership of on-sale liquor licenses. Aye:
4 Nay: 0
CONTRACT 97-07, APPROVE PLANS/ORDER AD FOR BIDS
(EAGAN BUSINESS COMMONS)
City Administrator Hedges provided a brief overview on this item. Director of Public Works
Colbert gave a staff report.
CounciImember Wachter moved, CounciImember Masin seconded a motion to approve the plans
and specifications for Contract 97-07 (Eagan Business Commons - Streets & Utilities) and authorize an
advertisement for a bid opening to be held at 11:00 a.m., Thursday, June 26, 1997. Aye: 4 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT - SEVER'S FARM MARKET
Both Conditional Use Permits for Sever's Farm Market at the Cedar Cliff Shopping Center and
WaI-Mart were introduced and considered together.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
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CounciImember Masin raised a concern about allowing seasonal outdoor sales that will compete
with regular businesses that pay taxes. CounciImember Wachter said he had no objection to these types
of requests as long as City Council approval is sought first. Mayor Egan agreed.
CounciImember Wachter moved, CounciImember Blomquist seconded a motion to approve a
Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a produce stand to be located
in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road legally described as on Lot 1,
Block 2, Cedar Cliff Commercial Park Addition in the SE 1/4 of Section 30 subject to the following
conditions:
1. The CUP shall be recorded at Dakota County within 60 days of Council approval and
submitted to the City.
The CUP shall be continually subject to the following conditions:
2. The produce stand shall be allowed on the site between June 25th and September 1 sl of
each year.
3. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m.
4. All signage shall meet City Code requirements.
5. All produce shall be removed from the site at the closing of the stand each day.
6. No outdoor storage other than which is approved by the City shall occur on the site.
7. Drive isles shall be maintained throughout the site.
8. The site shall be maintained free of trash and debris.
9. No parking associated with the seasonal sale shall occur off-site.
10. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan
dated April 16, 1997.
Aye: 4 Nay: 0
CONDITIONAL USE PERMIT - SEVER'S FARM MARKET
CounciImember Wachter moved, CounciImember Blomquist seconded a motion to approve a
Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a produce stand to be located
in the parking lot of the Wal-Mart store at 1360 Town Centre Drive legally described as Lot 1, Block 1,
Town Centre 70 Eleventh Addition in the NW 1/4 of Section 15 subject to the following conditions:
1. The CUP shall be recorded at Dakota County within 60 days of Council approval and
submitted to the City.
The CUP shall be continually subject to the following conditions:
2. The produce stand shall be allowed on the site between June 25th and September 1 sl of
each year.
3. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m.
4. All produce shall be removed from the site at the closing of the stand each day.
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5. All signage shall meet City Code requirements.
6. No outdoor storage other than which is approved by the City shall occur on the site.
7. Drive isles shall be maintained throughout the site.
8. The site shall be maintained free of trash and debris.
9. No parking associated with the seasonal sale shall occur off-site.
10. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan
dated April 16, 1997.
Aye: 4 Nay: 0
INTERIM USE PERMIT - STEININGER RECYCLE, INC.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Greg Steininger, applicant, requested approval of a two-year permit instead of a one-year permit.
Senior Planner Ridley stated that staff is concerned with issuing a two-year permit because of the
potential changes along the Yankee Doodle Road corridor. CounciImember Wachter stated that he was
willing to approve a two-year permit.
City Administrator Hedges noted that the City Council has designated Yankee Doodle Road to be
one of its first street scapes. Mayor Egan commented that he does not foresee a change in circumstances
within the next two years.
CounciImember Wachter moved, CounciImember Masin seconded a motion to approve an
Interim Use Permit to allow continuation of concrete recycling on property described as PID #10-01300-
012-26 located in the southwest comer of T.H. 149 and Yankee Doodle Road in the NW % of Section 13,
subject to the following conditions:
1. The permit shall be recorded with Dakota County within 60 days of Council action and
terminate two years from the date of Council approval.
2. The slope on the western edge of the property shall be maintained through re-grading
and re-seeding as necessary to prevent erosion as determined by the City.
3. Dust control procedures shall be utilized.
4. The hours of operation shall be limited to 7:00 a.m. - 7:00 p.m. Monday through Saturday.
5. The applicant, or property owner, shall install landscaping and berms along the north
property edge abutting Yankee Doodle Road.
6. The operation must be in compliance with all applicable State and local regulations.
7. In the event that the permit is terminated or not renewed, all materials and equipment
shall be removed from the site within 90 days.
8. No mining shall be allowed on the property.
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Mr. Steininger stated that they were asked to temporarily remove the berm along the north
property edge abutting Yankee Doodle Road to allow Koch Refining to install a pipeline. Senior Planner
Ridley said that staff would work with Mr. Steininger on that issue.
A vote was taken on the motion. Aye: 4 Nay: 0
INTERIM USE PERMIT - SMC COMPOST SERVICES
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
John Guillemette, Manager of SMC, stated that 90% of the trees are planted and he said that the
required number of trees will be exceeded.
CounciImember Blomquist moved, CounciImember Masin seconded a motion to approve an
Interim Use Permit to allow a yard waste compost facility on OutIots H and I, Gopher Eagan Industrial
Park 2nd Addition, located north of Yankee Doodle Road at the intersection with EIrene Road, in the SW l/4
of Section 12, subject to the following conditions:
1. This permit shall be for a three year period.
2. This interim use permit shall be subject to an annual administrative review. The purpose
of such review shall be to determine that the conditions of the permit are within'
compliance. The interim use permit may be revoked for failure to comply with any
condition of the permit following notice of the noncompliance and a hearing by the City
Council with all interested parties being given an opportunity to be heard.
3. Two ponding areas shall be constructed to contain runoff from the expansion on Outlot
H. The design of these ponding areas is subject to review and approval of the City Water
Resources Coordinator.
4. A grading/ excavation permit is required for the grading of the site.
5. A minimum of 12 evergreen trees shall be installed along the south border of each parcel
to provide a continuous screen between the facility and Yankee Doodle Road. The trees
shall be spaced no more than 20 feet apart and shall meet the minimum size
specifications required by City Code. The landscaping shall be installed by September 30,
1997.
6. The permit shall be recorded with Dakota County 60 days of Council action.
7. The operation must be in compliance with all applicable State and local regulations.
8. In the event that the permit is terminated or not renewed, all materials and equipment
shall be removed from the site within 90 days.
Aye: 4 Nay: 0
REZONING - CITY OF EAGAN
City Administrator Hedges provided an overview on both the rezoning for the City of Eagan and
the preliminary subdivision and variance request by Maplewood Acres, Inc. Senior Planner Ridley gave a
staff report.
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CounciImember Masin stated that since this parcel has been considered for the central area park
she requested the item be continued until further consideration can be given to this site for that purpose.
Mayor Egan said that the City Council has all but removed this site from consideration because it is not
feasible for the central area park. City Administrator Hedges reminded the City Council that approval of
a rezoning request requires a four/fifth's vote of the City Council and, absent CounciImember A wad a, it
would be necessary for all four CounciImembers to approve the rezoning.
CounciImember Blomquist said that the rest of the City Council has accepted the fact that this is
not a feasible site for the central area park because of the cost. CounciImember Masin stated she did not
feel the City Council has done much comparison of the various sites. Mayor Egan disagreed noting the
various sites the City Council has identified for the central area park.
CounciImember Masin commented that the City Council needs to be prudent about the
development of the remaining land in Eagan. She said that eliminating this site constitutes a lack of
visioning on the part of the City Council and she was only willing to consider a continuance or a denial of
the request. Mayor Egan reiterated that the City Council made it clear they were going to concentrate on
the municipal sites because they would be more cost-effective and the other two sites identified also were
less costly than this site. He said this site is not logical or prudent for a community park.
Councilmember Blomquist stated it would be in the City Council's best interest to continue the
item to the June 17 City Council meeting to get CounciImember Awada's input. Mayor Egan commented
that the rezoning request was City-initiated and he believes the City Council is being visionary.
Jack Hoeschler, representing Maplewood Acres, stated that the property owner only wants to
rezone the perimeter lots. He also requested that the City Council not restrict access to Yankee Doodle
Road because this would result in a number of significant problems.
City Administrator Hedges noted that the reason staff has taken a strong position is per the City
Council's direction regarding their concern about limiting heavy truck traffic directly onto Yankee Doodle
Road. Mayor Egan stated that the City Council was trying to be visionary and protect the Yankee Doodle
Road corridor. CounciImember Blomquist concurred.
CounciImember Blomquist moved, CounciImember Wachter seconded a motion to continue
consideration of the Rezoning of approximately 80 acres from Limited Industrial (1-1) to Business Park
(BP) for property located east of Lexington Avenue and north of Yankee Doodle Road (Eagandale
Corporate Center) to the June 17, 1997 City Council meeting. Aye: 4 Nay: 0
PRELIMINARY SUBDIVISION - MAPLEWOOD ACRES, INC.
(EAGANDALE CORPORATE CENTER NO.2)
Mayor Egan asked Mr. Hoeschler if the applicant would be willing to agree to an extension for
two weeks for City Council action on the Preliminary Subdivision. Mr. Hoeschler stated that the property
owner would like action tonight. City Administrator Hedges noted that there is a 120 day timeline for
City Council action on a preliminary subdivision. Senior Planner Ridley stated that the City Council
would be within that timeline if they continued action to the June 17 City Council meeting.
CounciImember Blomquist moved, CounciImember Wachter seconded a motion to continue
consideration of a Preliminary Subdivision consisting of 12 lots on approximately 110 acres located north
of Yankee Doodle Road and east of Lexington Avenue in the SW 1/4 of Section 11 and a Variance to the
100-foot buffer setback requirement to allow building setback of 50 feet and parking/ drive aisle setback
of 30 feet from the county roads to the June 17, 1997 City Council meeting. Aye: 4 Nay: 0
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ORDINANCE AMENDMENT, CHAPTER 11.10, SUBDIVISION 12.1 OFF-STREET
PARKING & STORAGE-CLARIFYING SCOPE & STANDARDS
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
CounciImember Blomquist moved, CounciImember Wachter seconded a motion to approve an
ordinance of the City of Eagan, Minnesota, amending Eagan City Code Chapter Eleven Entitled "Land
Use Regulations (Zoning)" by amending Section 11.10 regarding Off~Site Off-Street Parking; and by
adopting by reference Eagan City Code Chapter 1 and Section 11.99. Aye: 4 Nay: 0
CONSIDERATION OF INTERIM ORDINANCE FOR ALL D-II
DESIGNATED PROPERTY IN THE COMPREHENSIVE GUIDE PLAN
City Administrator Hedges provide an overview on this item. CounciImember Blomquist
suggested that the Comprehensive Guide Plan Land Use Map should contain a legend indicating that the
D-II properties are shown in gold. City Administrator Hedges noted that this interim ordinance is not
singling out any parcels, but rather will apply to all D-II parcels in the City.
CounciImember Masin moved, CounciImember Wachter seconded a motion to approve an
ordinance of the City of Eagan Minnesota, adding City Code Chapter Twelve entitled "Comprehensive
Guide Plan and Land Use Regulations - Interim Use Study", and by adopting by reference Eagan City
Code Chapter 1 and Section 12.99. Aye: 4 Nay: 0
PRELIMINARY & FINAL PLANNED DEVELOPMENT - DAMONE GROUP, LLC
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
CounciImember Wachter moved, CounciImember Masin seconded a motion to approve a
Preliminary and Final Planned Development to allow an assisted living residence facility on Lot 1, Block
1, Pilot Knob Heights 1st Addition in the SW 1/4 of Section 15 subject to the following conditions:
1. The proposed facility shall provide care for elderly residents in a one-story building as
proposed on the site plan submitted.
2. Execution of a Final Planned Development Agreement.
3. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate
safety netting) at the drip line or at the perimeter of the critical root zone, whichever is
greater, of significant trees/woodlands to be preserved.
4. The developer 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.
5. The developer shall dedicate sufficient drainage and utility easements over the existing
sanitary sewer and water main lines along the west and south edges of the site to achieve
20 feet of easement centered over the utility lines.
6. The developer should relocate the larger plants shown within the area of the proposed
drainage and utility easements to areas outside of the proposed easement area, or
substitute them with plants that do not grow very tall (e.g. small shrubs and flowers) or
have deep root systems.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997
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7. This development shall be responsible for cash parks and trails dedication.
8. Water quality mitigation requirements shall be met through on-site ponding.
9. The design of the detention pond must incorporate an aquatic bench for safety purposes
as per the City of Eagan's detention basin design standards.
10. If after review by the City it is decided that additional parking is needed based on
extensive on-street parking, additional parking stalls must be provided within one year.
Aye: 4 Nay: 0
CounciImember Wachter moved, CounciImember Masin seconded a motion to approve a Variance to
the Shoreland Ordinance (Section 11.21 & Subd. 8, D.3.d.) to allow 35.3% impervious lot coverage on Lot
1, Block 1, Pilot Knob Heights 1st Addition in the SW % of Section 15, subject to the following conditions:
1. Water quality mitigation requirements shall be met through on-site ponding.
2. The design of the detention pond must incorporate an aquatic bench for safety purposes
as per the City of Eagan's detention basin design standards.
Aye: 4 Nay: 0
CONSIDER REQUEST FOR NO PARKING, NORTH & SOUTH RUBY COURT
Director of Public Works Colbert gave a staff report. He noted that the Homeowners Association
of the Diffley Commons Villa and Garden Homes has requested the restriction of on-street parking and a
reduction in the speed on North and South Ruby Court. He explained that the City can lower the speed
limit of residential streets that are a quarter of a mile or less to 25 mph.
CounciImember Blomquist moved, Mayor Egan seconded a motion to approve the request to
restrict on-street parking and reduce the speed limit to 25 mph on North and South Ruby Court. Aye: 4
Nay: 0
LEGISLATIVF/INTERGOVERNMENTAL AFFAIRS
City Administrator Hedges commented that he and CounciImembers Masin and Blomquist
attended the AMM meeting where Mayor Egan relinquished the Presidency of the AMM.
ADMINISTRATIVE AGENDA
CONSIDER PROCESS TO PROCEED WITH FURTHER CONSIDERATION OF PARKING
& BUILDING FACILITIES ON THE MUNICIPAL CAMPUS SITE
This item was considered prior to Public Hearings.
SET PUBLIC HEARING FOR JULY 15, 1997 FOR GENERAL OBUGA TION BACKING -
HOUSING DEVELOPMENT REVENUE BONDS
This item was considered on the Consent Agenda.
EXEMPTION FROM LAWFUL GAMBLING LICENSE - BURNSVILLE ROTARY
This item was considered on the Consent Agenda.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997
PAGE 13
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CONTRACT 97-11, OLD SIBLEY HIGHW A Y/EAGAN HEIGHTS TOWNHOMES
City Administrator Hedges provided an overview on this item.
CounciImember Blomquist moved, CounciImember Masin seconded a motion to approve the
plans and specifications for Contract 97-11 and authorize the advertisement for a bid opening to be held
at 10:30 a.m. on Thursday, June 26,1997. Aye: 4 Nay: 0
ROUNDTABLE
Director of Public Works Colbert reminded the City Council of an informational meeting
scheduled for June 4 regarding the TH 13 improvements. He also mentioned that there was significant
water usage in the City last Sunday. He said there was enough reserve capacity to accommodate the
increased usage; however, he reminded the public that the City of Eagan has an odd/ even sprinkling
restriction in place at all times. He further said that reminder notices are sent with the utility bills. He
added that City staff is issuing warning tags to violators informing them of the restriction.
CounciImember Blomquist commented that the portion of Inver Grove Heights that is serviced by the
Eagan water supply should be informed also. Director of Public Works Colbert stated that those residents
are required to be informed and comply under the Joint Powers Agreement.
City Administrator Hedges mentioned that School District #191 Superintendent Jim Rickabaugh
announced his resignation today.
CounciImember Wachter commented that there are picture sales occurring along Pilot Knob Road
on the weekends and he asked if there is some way that the patrol officers could check for permits of
those vendors who are selling items along the roadsides on the weekends. City Administrator Hedges
noted that he and Senior Planner Ridley will discuss this request at an upcoming Department Head
meeting.
CounciImember Wachter stated that no more Green Acres designations should be established in
the City unless it is a legitimate request and approved by City Council action. He noted that he is
concerned about outside storage that is occurring at some convenience gas stations and the potential
safety hazard.
Mayor Egan stated that he saw a Rooms for Rent sign on the Greg Rounds' property on Pilot
Knob Road. He requested staff investigate what is occurring at that site.
CounciImember Blomquist stated that she had some questions for City Administrator Hedges on
the bill's list. She showed a copy of the Osman Shrine booklet, which has an article on Robert Ferguson, a
resident of Eagan who has been active in the community. She said she would get additional copies for the
rest of the City Council. She referenced information prepared by the County's Physical Development
Division containing comments of the Dakota County Board of Commissioners with respect to MnDOT's
Metro Division Transportation Systems Plan (TSP) and said there are several areas that concern the City
and that it would be helpful if the City Council could continue to get copies of this in the future.
CounciImember Wachter moved, CounciImember Masin seconded a motion to schedule Special
City Council meetings for June 17 and 24 at 5:00 p.m. Aye: 4 Nay: 0
CHECK REGISTER
CounciImember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated May 29, 1997 in the amount of $3,017,321.83. Aye: 4 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3, 1997
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ADJOURNMENT
The meeting adjourned at 9:55 p.m. to an Executive Session. Present were Mayor Egan,
CounciImembers Wachter, Blomquist and Masin, City Administrator Hedges, Director of Public Works
Colbert and City Attorney Sheldon.
MLK
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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, (612) 681-4600, (fDD phone: (612) 454-8535).
June 3, 1997
Date
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.