07/16/2002 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
July 16, 2002
A regular meeting of the Eagan City Council was held on Tuesday, July 16, 2002 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Awada and Councilmembers Carlson, Fields and Tilley.
Councilmember Bakken was out of town for military duty. Also present were City Administrator Tom Hedges,
Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and
Administrative Secretary/Deputy Clerk Mira McGarvey.
AGENDA
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the July 2, 2002 regular City Council
meeting, the July 9, 2002 special City Council meeting, and the June 25, 2002 special City Council
meeting.
B. Personnel Items.
1. It was recommended to approve the hiring of Lindsay Dahl as a seasonal GIS/GPS Intern.
C. Check Registers. It was recommended to ratify the check registers dated July 4, 2002 and July 11,
2002.
D. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for K-Liquor,
Inc., 1274 Lone Oak Drive.
E. Change Order. It was recommended to approve change order number 4 to the Eagan Community
Center in the total amount of $45,729.
F. RFP ? Employee Benefits. It was recommended to approve request for proposals for employee
benefits including health and dental insurance and authorize advertisement.
G. Project 868. It was recommended to approve retaining the firm of SEH, Inc. to perform technical
design and construction engineering services for Project 868 (Coachman Road Water Treatment
Facility ? expansion and renovation) and authorize the Mayor and City Clerk to execute all related
contract documents.
H. Contract 02-16. It was recommended to approve Change Order No. 1 to Contract 01-16 (Cedar
Grove Access Modifications ? Building Demolition) and authorize the Mayor and City Clerk to
execute all related documents.
I. Contract 02-02. It was recommended to approve Change Order No. 1 to Contract 02-02 (Cedar Cliff
th
/ Mari Acres/ River Hills 9 / Post / Rustic Hills/ Oster Additions ? Street Improvements) and
authorize the Mayor and City Clerk to execute all related documents.
J. Contract 01-14. It was recommended to approve Change Order NO. 2 to Contract 01-14 (July 2000
Storm Mitigation Improvements ? Misc. Areas #1, 4, 5 & 10) and authorize the Mayor and City
Clerk to execute all related documents.
K. Contract 01-08. It was recommended to approve the final payment or Contract 01-08 (Well No. 20,
Central park Well Drilling) in the amount of $17,459 to E.H. Renner & Sons, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
L. 2002 New Tobacco License. It was recommended to approve 2002 Tobacco License for Tobacco
Outlet (Formerly Tobacco Etc.), 1480 Yankee Doodle Road.
M. 2002/2003 Massage Therapy Establishment Renewals. It was recommended to approve 2002/2003
Massage Therapy Establishment Renewals for Kristal Spa and Salon, 1380 Marice Drive; Divine
Touch Massage Center, 2130 Cliff Road; and Life Time, 1565 Thomas Lake Drive.
N. Ordinance Amendment. It was recommended to approve an ordinance regulating the sale of
phosphorus lawn fertilizer.
O. Licensing of Waste Haulers. It was recommended to approve revisions to City Code Section 6.37
regarding licensing of waste haulers.
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July 16, 2002
Page 2
P. Building Security Consultant Contract. It was recommended to approve contracts with SecuriCo for
security consulting services, subject to City Administrator and City Attorney approval.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as presented. Aye: 4 Nay: 0
PUBLIC HEARINGS
VARIANCE ? DAVID P. MANNINEN (624 SALLY CIRCLE)
City Administrator Hedges introduced this item regarding a 1.7 percent Variance from the maximum 20
percent building coverage standard in a residential zoning district for construction of a 192 square foot addition on
property located at 624 Sally Circle. Senior Planner Ridley gave a staff report.
David Manninen, applicant, discussed his request for the variance.
Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing
and turned discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a 1.7 percent
Variance from the maximum 20 percent building coverage standard in residential zoning districts for the
construction of a 192 square foot addition on property located at 624 Sally Circle (Lot 13, Block 3, Selmark) in the
NW ¼ of Section 12 subject to the following conditions: Aye: 4 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such extension
shall be requested in writing at least 30 days before expiration and shall state facts showing a good
faith attempt to complete or utilize the use permitted in the variance.
2. Building coverage shall not exceed 21.7 percent of the lot.
3. The patio enclosure shall be constructed of materials compatible wit the existing single family
dwelling.
4. The addition shall comply with all other applicable Zoning Ordinance provisions.
VARIANCE ? RON AND DAWN DELLA PAOLERA (4756 BERKSHIRE WAY)
City Administrator Hedges introduced this item regarding a 3.1 foot variance request from the required 30
foot front yard setback from Berkshire Way and a 2 foot variance from the required 30 foot front yard setback from
Covington Lane for the construction of a living space addition. Senior Planner Ridley gave a staff report.
Ron Paolera, applicant, discussed his request for a variance.
Mayor Awada 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 Fields seconded a motion to approve a 3.1 foot Variance
from the required 30 foot front yard setback from Berkshire Way and a 2 foot Variance from the required 30 foot
front yard setback from Covington Lane for the construction of a living space addition on property located at 4756
Berkshire Way (Lot 6, Block 5, Berkshire Ponds) in the NW ¼ of Section 32. Aye: 4 Nay: 0
OLD BUSINESS
PRELIMINARY PLANNED DEVELOPMENT AMENDMENT ? CORNERSTONE CONSTRUCTION
Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of this
item until August 6, 2002. Aye: 4 Nay: 0
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July 16, 2002
Page 3
NEW BUSINESS
REZONING, PRELIMINARY AND FINAL SUBDIVISION, (LANGSTRAAT ADDITION)
HARLAN LANGSTRAAT
City Administrator Hedges introduced this item regarding a rezoning of a 4.75 acre parcel from A
(Agriculture) to R-1 (Residential Single Family) and a Preliminary and final subdivision to create one lot for the
existing single family dwelling an done outlot for park purposes on property located at 1250 Deerwood Drive.
Senior Planner Ridley gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a rezoning of a 4.75
acre parcel from A(Agriculture) to R-1 (Residential Single Family) located on Deerwood Drive in the SE ¼ of
Section 22. Aye: 4 Nay: 0
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision and Final Subdivision to create one lot for the existing single-family dwelling and one outlot for park
purposes (Langstraat Addition) on property located at 1250 Deerwood Drive in the SE ¼ of Section 22, subject to
the following conditions: Aye: 4 Nay: 0
1. The developer shall comply with the following standard conditions of plat approval as adopted by
Council on February 3, 1993: A1, B1, B3, and B4.
2. The property shall be final platted.
3. The transfer of Outlot A to the City shall occur at the time of recording the final plat for Langstraat
Addition.
COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AND
RD
PRELIMINARY SUBDIVISION ? EAGAN HEIGHTS TOWNHOMES 3 ADDITION
(DIEDRICH BUILDERS, INC.)
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to
establish an MD, Medium Density residential land use guide plan designation upon 5.21 acres of land located
north of Diffley Road and west of Highway 77. Senior Planner Ridley gave a staff report, stating that action should
only be made on the Comprehensive Guide Plan Amendment until the Metropolitan Council comments on the
amendment. Request for action on the preliminary planned development preliminary subdivision will be brought
back before Council at a later date.
Bill Diedrich, Diedrich Builders, discussed the proposed subdivision. Mayor Awada and Councilmembers
discussed berming to be installed along Diffley Road. It was agreed to add a condition requiring a four foot berm
with shrubs planted on top and no fence be allowed. This condition is to be included when the Preliminary
Planned Development is brought back before the Council for consideration.
Mayor Awada moved, Councilmember Tilley seconded a motion to direct that a Comprehensive Guide
Plan Amendment to establish an MD, Medium Density residential land use guide plan designation upon 5.21 acres
of land located north of Diffley Road and west of Highway 77 in the SW ¼ of Section 19, be submitted to the
Metropolitan Council for review and approval. Aye: 4 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY SUBDIVISION
GREYHAWK TOWNHOMES (MARK GERGEN)
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July 16, 2002
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City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to
change the land use designation from RC (Retail Commercial) to MD (Medium Density Residential) at 4150
Blackhawk Road. Senior Planner Ridley gave a staff report.
Councilmembers and Mark Gergen, applicant, discussed requirements and plans for a recreational area.
Councilmember Carlson moved, Councilmember Fields seconded a motion to direct that a Comprehensive
Guide Plan Amendment changing the land use designation from RC (Retail Commercial) to MD (Medium Density
Residential) on Lot 3, Block 1, Blackhawk Plaza, located at 4150 Blackhawk Road in the SW ¼ of Section 19
(Interstate Highway 35E and Diffley Road), be submitted to the Metropolitan Council for review and comment.
Aye: 4 Nay: 0
PRELIMINARY SUBDIVISION AND VARIANCE ? TILSEN HOMES, INC.
City Administrator Hedges introduced this item regarding a Preliminary Subdivision of approximately
four acres to create five single family lots and a Variance to allow lots without frontage on a public street for
property located at 3460 Wescott Woodlands. Senior Planner Ridley gave a staff report.
Councilmembers, staff and the applicant discussed the potential negative impacts to off-site trees from
grading and construction activity on the subject site. It was agreed that a defined conservation easement would be
put in place over the northeasterly portion of Lot 2. Public Works Director Colbert discussed the need for the
installation of a sewer lift station and force main pipe to serve the development and the future development of
Parcel 010-01 to the north.
Rachel Thorpe Neuman, property owner to the north of the subject site, expressed her objection to the
proposed development due to its impact on the heavily wooded steep topography and density of the proposed
development. She also questioned the requested variance.
There was considerable discussion regarding the need and financing obligations of the conditioned
requirement to extend a sewer lateral to the undeveloped parcel to the north to accommodate its potential future
development. After considering other potential options of dedicating an easement only or installing the utility
under a public assessable improvement, the Council consensus was to leave condition #8 as proposed.
Councilmember Tilley moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision,
with a Variance to create lots without public street frontage, to create five single-family lots on 3.8 acres located at
3460 Wescott Woodlands in the NE ¼ of Section 14, legally described as Lot 2, Block 1, Thorpe Woodland
Gardens, 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 2, 1993: A 1, B1, B2, B3, C1, C2, D1 and E1.
2. The property shall be platted.
3. Architectural designs and construction methods for new construction within the development shall
incorporate sound attenuation standards sufficient to achieve and interior sound level of 45 dBA as
compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This
requires an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level).
4. 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.
5. The developer shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards. The development is also subject to the City?s recently
codified land disturbance and erosion control regulations.
6. This development shall be responsible for a cash water quality dedication in lieu of ponding.
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July 16, 2002
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7. This development shall maintain a minimum 30-foot undisturbed buffer from the delineated wetland
edge.
8. The developer shall construct a sanitary sewer lift station and force main pipe to serve the
development and the future development of Parcel 010-01 to north, in accordance with City
engineering standards.
9. This development shall provide a gravity flow sanitary sewer pipe, in accordance with City
engineering size, depth and capacity standards.
10. The existing house on Lot 3 shall be required to connect to the City sanitary sewer and water main
systems, when available with development.
11. The existing septic and well systems on Lot 3 shall be abandoned in accordance with City and County
standards.
12. The private drive shall be constructed with a vehicle turnaround in accordance with City engineering
and fire department standards.
13. 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 both onsite and offsite significant trees/woodlands to be preserved.
14. 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.
15. This development shall be responsible for a cash parks dedication and a cash trails dedication for four
lots, payable prior to release of the plat for recording, at the rates then in effect.
16.
The applicant shall prepare and record a document creating a permanent conservation easement over
the northeasterly portion of proposed Lot 2. The document shall be submitted and approved by the
City Attorney prior to Final Subdivision approval.
ADJOURNMENT
The meeting adjourned at 8:30 p.m. into a meeting of the Economic Development Authority and then into
an Executive Session to discuss matters of pending labor negotiations and an update by the City Attorney on any
pending litigation.
VISITORS TO BE HEARD
Harry Hjermstad of Armor Waste Systems discussed the revision to City Code Section 6.37 regarding the
licensing of waste haulers, his company?s method of waste disposal and their desire for a residential hauler license.
_____________________________ ___________________________________
Date Deputy City Clerk
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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.
Eagan City Council Meeting Minutes
July 16, 2002
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