04/16/2002 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 16, 2002
A regular meeting of the Eagan City Council was held on Tuesday, April 16, at 6:30 p.m. at the
Eagan Municipal Center. Present were Councilmembers Bakken, Carlson, Fields and Tilley. (Mayor
Awada arrived at 7:30) Also present were City Administrator Tom Hedges, Planner Pam Dudziak,
Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative
Secretary/Deputy Clerk Mira McGarvey.
AGENDA
Councilmember Bakken recommended that an item be added to the Consent Agenda regarding the
th
location of the 4 of July celebration.
City Administrator Hedges recommended adding the approval of hiring Tom Garrison as
Communications Director; and adding the addition of a Parks and Recreation Clerical Position to Item B.
Personnel, of the Consent Agenda. He also recommended that discussion regarding reconsideration of a
variance request by Jerry Bull be added as item B under Old Business.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to add the suggested
items to the agenda. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda
as amended. Aye: 4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
VOLUNTEER APPRECIATION - CITY COMMISSION/COMMITTEE MEMBERS
City Administrator Hedges stated the City Council would like to express their gratitude for the
many volunteers that thoughtfully give of their time to the City of Eagan. He also stated that a picnic for
Eagan commission members will be hosted by the City on June 6, 2002 at Blackhawk Park..
02-26A
Councilmember Carlson moved, Councilmember Tilley moved to adopt a resolution declaring
April 22 through April 28, 2002 National Volunteer Recognition week and thank the many Eagan
volunteers, including Eagan?s commission members for their dedication to the City of Eagan.
Aye: 5 Nay: 0
CONSENT AGENDA
City Administrator Hedges requested that Item B, Personnel, be pulled from the Consent Agenda
for discussion.
Councilmember Carlson moved , Bakken seconded item B.
A. Minutes. It was recommended to approve the minutes of the April 2, 2002 regular city Council
meeting and the April 2, 2002 Listening Session.
B. Personnel Items.
1. It was recommended to approve the hiring of Sean Smith as a Volunteer Firefighter.
Eagan City Council Meeting Minutes
April 16, 2002
Page 2
2. It was recommended to approve the hiring of Anthony Casalenda and Jon Steining as seasonal
park maintenance workers.
3. It was recommended to approve the hiring of Dan Vogel and Cass Pfender as part-time seasonal
lifeguards for Cascade Bay.
4. It was recommended to approve the hiring of Megan Lindwall, Lindsay Howe, Stephanie
Doerfler, Elise Cirelli and Alex Phillips as part-time seasonal guest relations workers for
Cascade Bay.
5. It was recommended to approve the hiring of Ben Millmann, Anne Weston, Nick Csargo,
Christine Nord, Kelly Craven and Paul Maloney as part-time seasonal lifeguards for Cascade
Bay.
6. It was recommended to approve the hiring of Lori Jorgenson as part-time seasonal
operations/maintenance worker for Cascade Bay.
7. It was recommended to accept the letter of resignation from Jerold Frevel, Building Inspector.
8. It was recommended to approve the 2002 pay scale for Cascade Bay.
9. It was recommended to approve the hiring of Tom Garrison as the City?s Communications
Director.
10.It was recommended to approve the attached funding scenario to provide resources to add a
regular full-time clerical position in the Parks and Recreation Department.
C. Ratify Check Registers. It was recommended to ratify the check registers dated April 4, 2002 and
April 11, 2002 as presented.
02-26
D. Space Day Proclamation. It was recommended to approve a proclamation declaring May 2, 2002
Space Day in the City of Eagan.
E. Kennel License. It was recommended to approve a new Kennel License for Four Paws Pet Resort,
4020 Old Sibley Memorial Highway.
F. Extension ? Recording CUP. It was recommended to approve an extension of time to record a
Conditional Use Permit for Qwest Wireless Services for property located at 3665 Sibley Memorial
Highway in the SW ¼ of Section 17.
G. 2002-2007 Parks and Recreation CIP. It was recommended to approve the 2002-2007 Parks and
Recreation CIP.
H. Contract 02-14. It was recommended to receive the bids for Contract 02-14 Moonshine Park, and
award contract to Frattalone Paving for the base bid of $80,374.80. Also authorize the Mayor and
City Clerk to execute all related documents.
I. Arbor Day Proclamation. It was recommended to acknowledge Eagan as the recipient of the 2001
02-27
Tree City USA award and Growth Award from the National Arbor Day Foundation, and approve
the Arbor Day Resolution setting Saturday, May 4 as Arbor Day and May, 2002 as Arbor Month
in the City of Eagan.
J. Contract ? Lifeworks Services. It was recommended to approve renewal of a one-year contract
with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the
Mayor and City Clerk to sign the appropriate documents.
K. City Auction. It was recommended to schedule the Eagan City Auction for 10:00 a.m. on
Saturday, May 18, 2002, at the Eagan Maintenance Facility, 3501 Coachman Road.
L. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd
Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with the owners of
Parcel 10-83500-010-01 and authorize the mayor and City Clerk to execute all related documents.
M. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd
Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with the owners of
Parcel 10-20900-033-04 (4832 Dodd Road) and authorize the Mayor and City Clerk to execute all
related documents.
Eagan City Council Meeting Minutes
April 16, 2002
Page 3
N. Contract 02-10. It was recommended to receive the bids for Contract 02-10 (Dodd Road ? Diffley
Road to Wescott Road Street & Utility Improvements), award the contract to Valley Paving, Inc.,
for the base bid only in the amount of $1,731,016.93 and authorize the Mayor and City Clerk to
execute all related documents.
O. Engineering Consultant Contract. It was recommended to approve Engineering Consulting
Agreements and authorize the Mayor and City Clerk to execute all related documents.
P. Contract 01-12. It was recommended to approve Change Order No. 1 to Contract 01-12 (July
2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
Q. BCBSM Draft AUAR. It was recommended to approve the Draft AUAR, for the BCBSM Master
Campus Plan, for distribution per MN State Statute.
R. Vendors ? Community Center. It was recommended to award bids for the Community Center to
selected vendors.
S. Funding Options for Storm Mitigation. It was recommended to formally accept and approve the
recommendation of the Finance Committee to advance funds from the Water and Sanitary Sewer
Trunks Funds to finance the balance of the storm sewer mitigation improvement costs not paid for
by the State Grant and to schedule a review of the status of all trunk funds at a time closure to
ultimate build out of the City?s infrastructure systems.
T. Commercial Fertilizer License Renewal. It was recommended to approve a Commercial Fertilizer
th
License renewal for Total Lawn Care, 3099 65 Street, Inver Grove Heights, MN.
U. Contract 02-17. It was recommended to approve the Proposal for Professional Services and
authorize the preparation of detailed Plans and Specifications for Contract 02-17, Streetscaping
and Lighting (Cedar Grove and Central Parkway.)
V. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (D9odd
Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with the owners of
parcels 10-20900-032-04 and 10-20900-040-04 (4835 South Robert Trail) and authorize the
Mayor and City Clerk to execute all related documents.
02-28
W. National Day of Prayer. It was recommended to proclaim Thursday, May 2, 2002 as National
Day of Prayer.
thth
X. 4 of July Celebration. It was recommended to rescind a previous vote to hold the 4 of July
celebration at Central Park.
thth
Y. 4 of July Celebration. It was recommended to change the location of the 4 of July celebration to
Sky Hill Park.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as amended. Aye: 4 Nay: 0
City Administrator Hedges introduced Tom Garrison who was selected as the City of Eagan?s first
Communications Director. The Council welcomed Mr. Garrison who expressed his appreciation for the
opportunity to work with the Council and staff.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Item B of
the Consent Agenda. Aye: 5 Nay: 0
PUBLIC HEARINGS
VARIANCE ? DAKOTA COUNTY
(860 CLIFF ROAD IN LEBANON HILLS REGIONAL PARK)
Eagan City Council Meeting Minutes
April 16, 2002
Page 4
City Administrator Hedges introduced this item regarding a request for a variance to allow an 85
foot building setback from Schultz Lake at 860 Cliff Road. Planner Dudziak gave a staff report.
Acting Mayor Fields opened the public hearing. There being no public comment, she closed the
public hearing and turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance
to allow an 85 foot building setback from Schultz Lake on parcel ID #10-03500-010-01 in the N.E. ¼ of
Section 35. Aye: 4 Nay: 0
PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK
STORM SEWER IMPROVEMENTS
City Administrator introduced this item regarding the continuance of Project 858 (Sibley Terminal
Industrial Park ? Storm Sewer Improvements).
Acting Mayor Fields opened the public hearing. There being no public comment, she closed the
public hearing and turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue Project
858 (Sibley Terminal Industrial Park ? Storm Sewer Improvements) indefinitely. Aye: 4 Nay: 0
OLD BUSINESS
ORDINANCE AMENDMENT ? CHAPTER 4, SECTION 4.32 ?
SEDIMENT AND EROSION CONTROL
City Administrator Hedges discussed this item regarding the Advisory Parks Commission
recommendations to adopt land disturbance and erosion control regulations into the City Code.
Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt Land
Disturbance and Erosion Control Regulations into the City Code and approve amendments to relevant
existing sections of the City Code. Aye: 4 Nay: 0
VARIANCE RECONSIDERATION ? GERALD BULL
City Administrator Hedges discussed a request by Gerald Bull for reconsideration of a variance
previously denied by the City Council. He explained that the requested variance size has been reduced.
Councilmembers indicated that re-notification of neighboring property owners would be made and
consideration would be given to their support or opposition of the revised variance request.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to reconsider a variance
request for Gerald Bull at the May 7, 2002 City Council meeting. Aye: 4 Nay: 0
NEW BUSINESS
PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION
Eagan City Council Meeting Minutes
April 16, 2002
Page 5
(WOODGATE COVE) ? RHB, INC.
City Administrator Hedges introduced this item regarding a rezoning to Preliminary Planned
Development (PUD) and a preliminary subdivision for eight single-family lots to be located west of
Woodgate Lane and north and south of Highline Trail. Planner Dudziak gave a staff report.
Councilmember Bakken stated that the final PUD should have a clear expiration date and a plan
for what should occur at the time the PUD expires. He stated he felt the most logical scenario would be for
the PUD to convert into the zoning that matches whatever is actually built.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a rezoning to
Preliminary Planned Development for eight single-family lots with a private street on approximately 2.2
acres located west of Woodgate Lane and south of the Highline Trail in the SE ¼ of Section 29, subject to
the following conditions: Aye: 4 Nay: 0
1. The property shall receive final subdivision/plat approval prior to building permit issuance.
2. The applicant and/or developer shall enter into a Final Planned Development Agreement wit
the City. The following exhibits are required for the Final Planned Development Agreement.
?
Final Site Plan
?
Final Landscape Plan
?
Final Building Elevations Plan
?
Final Site Lighting Plan
3. The developer shall be responsible for preparing and recording, with the subdivision,
appropriate documents establishing a homeowners? association. The documents should be
submitted and approved by the City Attorney?s office prior to final subdivision approval.
Transfers of common areas to the homeowners? association shall be recorded with the
subdivision.
4. The minimum required front yard setback is 20 feet from the curb on a private cul-de-sac. A
30 foot minimum setback is required from Woodgate Lane, and within the development the
applicant is proposing side and rear yard setbacks consistent with R-1 zoning ? ten ?foot side
yard setbacks for the house and five feet for the garage, and 15 foot rear yard setbacks. Decks
must also adhere to these minimum setbacks.
5. Each unit shall provide a two-stall garage as a minimum.
6. Building coverage shall not exceed 20% of the lot area for any lot within the development.
7. The developer shall submit the final building elevations and exterior materials and colors with
the Final Planned Development.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a
Preliminary Subdivision to create eight single-family lots and two outlots on approximately 2.5 acres
located west of Woodgate Lane, north and south of the Highline Trail in the SE ¼ of Section 29, subject to
the following conditions: Aye: 4 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 3, 1993: A1, B1, C1, C2, D1 and E1.
2. The property shall be platted.
3. The developer shall be responsible for preparing and recording, with the subdivision,
appropriate documents establishing a homeowners? association. The documents should be
submitted and approved by the City Attorney?s office prior to final subdivision approval.
Eagan City Council Meeting Minutes
April 16, 2002
Page 6
Transfers of common areas to the homeowners? association shall be recorded with the
subdivision.
4. The developer shall dedicate adequate drainage and utility easement over the existing sanitary
sewer and storm sewer pipes within Outlot B.
5. This development shall fulfill its tree preservation mitigation through the installation of thirty-
four (34) category B trees (or an equivalent combination of category A and/or category C
trees).
6. 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 on-site.
7. The applicant shall contact the City Forestry Division and set up a pre-construction site
inspection 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.
COMPREHENSIVE GUIDE PLAN AMENDMENT (MARK GERGEN)
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan
Amendment to amend the land use designation of approximately 3.30 acres from RC-Retail Commercial to
MD-Medium Density Residential for property located at 4150 Blackhawk Road. Planner Dudziak gave a
staff report.
Councilmember Tilley moved to direct staff to submit the Comprehensive Guide Plan Amendment
for Lot 3, Block 1, Blackhawk Plaza, to the Metropolitan Council for review and comment located at 4150
Blackhawk Road (Interstate 35E and Diffley Road) in the SW ¼ of Section 19. There was no second to
the motion. Motion failed.
Mayor Awada arrived at 7:30.
Councilmembers discussed their concerns regarding the proposed higher density in comparison to
the neighboring properties, tax base, excessive rezonings from commercial to residential zoning
designations and their desire to see a proposed plat prior to approval of a rezoning for the property in
question.
Mark Gergen, applicant, discussed his plans for a townhome development. Councilmembers
provided direction to Mr. Gergen regarding their expectations for the property.
Councilmember Bakken moved, Councilmember Carlson seconded a motion to deny a
Comprehensive Guide Plan Amendment for Lot 3, Block 1, Blackhawk Plaza located at 4150 Blackhawk
Road (Interstate 35E and Diffley Road) in the SW ¼ of Section 19. Aye: 4 Nay: 1 Councilmember
Tilley opposed.
PRECINCT BOUNDARIES AND POLLING LOCATIONS/LEGISLATIVE REDISTRICTING
City Administrator Hedges discussed this item regarding new precinct boundaries and polling
locations.
02-29
Eagan City Council Meeting Minutes
April 16, 2002
Page 7
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution
establishing new precinct boundaries and polling locations and reestablishing existing precinct boundaries
and polling locations. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
FLY?OVER TO DETERMINE DEER POPULATION
City Administrator Hedges discussed the need for and the costs involved to conduct a fly-over to
determine the deer population in Eagan.
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to allocate
the necessary cost to pay for a fly-over of the City of Eagan during the winter of 2002-2003 to determine
an estimated deer population and contact those neighborhoods to report this action
Aye: 5 Nay: 0
EAGAN CHARTER COMMISSION EXPENDITURES
Director of Administrative Services VanOverbeke explained a report regarding the Charter
Commission 2001 expenditures. He noted an incorrect item in the report regarding newspaper ads which
was actually a 2002 expenditure. He stated he would be requesting a refund from the Charter Commission
for the balance of the $1500 provided by the City for 2001.
ADJOURNMENT
The meeting adjourned at 8:00 p.m. into an Executive Session to consider collective bargaining.
_____________________________ ___________________________________
Date Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-
8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, sexual orientation, marital status or status with regard to public assistance.
VISITORS TO BE HEARD
Margo Danner suggested an improvement be made to the notification of residents regarding their
correct precinct and voting locations. She suggested that maps be posted at each site indicating the
boundary lines for the precincts.
Eagan City Council Meeting Minutes
April 16, 2002
Page 8