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01/22/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 22, 2002 A regular meeting of the Eagan City Council was held on Tuesday, January 22, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. 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 Mayor Awada noted that an additional item will be added under the Consent Agenda as Item U. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS KAY GUSTAFSON Kay Gustafson was recognized for her volunteerism and commitment to enhancing the City of Eagan by being presented with the 2001 Spirit of Eagan Award. DAVE RUGG Dave Rugg was recognized for his commitment to the City of Eagan by being presented with the 2001 Spirit of Eagan Award. PRESENTATION OF PLAQUE ? BOND RATING UPGRADE Dave MacGillivray, Chairman of Springsted, presented a plaque to the City in official recognition of the increase in bond rating from Moody?s Investor Service. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the January 8, 20002 regular City Council meeting and the minutes of the January 8, 2002 Listening Session minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Mike Boyer as a part-time seasonal broomball official. 2. It was recommended to approve the hiring of Midge Anderson as a part-time seasonal substitute preschool program assistant. C. License Renewals. It was recommended to approve the 2002 Tree Contractor License renewals and a 2002 Commercial Fertilizer License renewal. Eagan City Council Meeting Minutes January 22, 2002 Page 2 D. Exempt Gambling Permit. It was recommended to approve an Exempt Gambling Permit and waive fees for Saints Martha and Mary Episcopal Church for a raffle to be held at 4180 Lexington Avenue South on February 9, 2002. E. Ordinance Amendment. It was recommended to direct the City Attorney?s office to prepare an ordinance amendment to Chapter 5, Section 5.51, entitled Beer, Wine and Liquor Licensing and Regulation as it relates to the daily sports or convention facilities liquor license fee. F. Ordinance Amendment. It was recommended to direct the City Attorney?s office to prepare an ordinance amendment to Chapter5, Section 5.52, entitled Beer, Wine and Liquor Licensing and Regulation as it relates to the number of on-sale liquor licenses available to be issued in the City of Eagan. G. Name Change ? Liquor License. It was recommended to approve a name change on the liquor license for Holiday Inn Select / Minneapolis Airport, located at 2700 Pilot Knob Road, to Crowne Plaza Hotel ? Minneapolis Airport / Eagan. H. Schedule Hearing ? Liquor License Suspension. It was recommended to direct the City Clerk to schedule a mandatory hearing for the Holiday Inn Select regarding liquor sales violations and to appoint the City Clerk as the hearing officer of the proceedings. I. Comprehensive Guide Plan Amendment and Rezoning ? EHW Properties. It was recommended to approve and implement a Comprehensive Guide Plan Amendment changing the land use from MD (Medium Density Residential) to RC (Retail Commercial) upon approximately 3 acres of land located at the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW ¼ of Section 28; and to approve and implement a Rezoning from R-1 (Single-family Residential) to PD, Planned Development to accommodate a mixed land use development upon approximately 8 acres of land located at the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW ¼ of Section 28. J. Award Contracts ? Community Center Construction. It was recommended to award contracts; Community Center Construction Bid Sections #22, 23, & 26. K. Contract 00-07. It was recommended to approve Change Order No. 8 to Contract 00-07 (TH 13 / Blackhawk Road ? Divided Four-lane Upgrade) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 02-01. It was recommended to approve the plans and specifications for Contract 02- 01 (Beacon Hill, Brittany Additions, Johnny Cake Ridge Additions, and Covington Lane ? Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 14, 2002. M. Contract 01-02. It was recommended to approve the final payment for Contract 01-02 (Eagandale Center Industrial Park ? Street Overlay) in the amount of $7,445.02 to McNamara Contracting, and accept the improvements for perpetual City maintenance subject to warranty provisions. N. Project 800. It was recommended to approve Acquisition Agreement and Relocation benefits for Parcel #10-01900-010-04 (Express Donuts), and authorize the Mayor and City Clerk to execute all related agreements. O. Legal Services Agreement. It was recommended to approve an agreement for legal services to the Burnsville/Eagan Telecommunications Commission between the City of Burnsville, the City of Egan and Creighton, Bradley & Guzzetta, LLC. Eagan City Council Meeting Minutes January 22, 2002 Page 3 P. Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue ? Divided Four-Lane Upgrade) with the owner of Parcels 10-22515-020- 01 (LTEC Properties, LLC) and authorize the Mayor and Deputy City Clerk to execute all related documents. Q. Fee Schedule. It was recommended to amend the 2002 Fee Schedule to lower permit fees for two plumbing-related items. R. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Saints Martha and Mary Episcopal Church and waive the $150.00 license fee. S. Exempt Gambling Permit. It was recommended to approve an Exempt Gambling Permit for Metro Chapter of MN Waterfowl Association. T.Ordinance Amendment. It was recommended to direct preparation of an Ordinance Amendment for Chapter 2, Section 2.50 of the Eagan City Code entitled Advisory Commissions and Committees generally. U.Caponi Art Park. It was recommended to authorize support of the State legislation that provides for the deferral of property taxes and special assessments on certain property dedicated to the arts. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 862, DODD ROAD ? CAMBERWELL TO WESCOTT STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 862, Dodd Road ? Camberwell to Wescott street and utility improvements. Mark Hanson, Bonestroo Rosene Anderlik and Associations, gave a detailed report on the proposed improvements. Mayor Awada opened the public hearing. Nine residents spoke in support of the proposed improvements. Six residents spoke in opposition to the improvements. Their concerns included: urban vs. rural design, purpose of safety/parking lane, impact on adjacent trees, runoff into Pond JP23, adverse effect on wildlife, and costs. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Mayor Awada stated that the area is no longer a rural area and the proposed project would provide needed safety as the road is a safety hazard as it is currently. She further stated that a compromise has been made with providing only one trail, as she believes there should be two trails. Eagan City Council Meeting Minutes January 22, 2002 Page 4 Councilmember Tilley expressed concern over loss of trees and keeping the costs down as much as possible. Councilmember Fields expressed concern over the 10 foot safety lane. Discussion was held regarding a proposed center turn lane at Elrene and it was the consensus of the Council to eliminate the proposed turn lane. Councilmember Bakken moved, Mayor Awada seconded a motion to approve Project 862 (Dodd Road: Camberwell Drive to Wescott Road ? Street and Utility Improvements) and authorize the preparation of detailed plans and specifications with the elimination of turnlanes at Elrene. Aye: 4 Nay: 1 Tilley opposed. ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS City Administrator Hedges discussed the interview process that had taken place on January 15, 2002 and then explained the ballot matrix that would be used for voting on members for each commission. Councilmembers were provided with ballots. The results were as follows: Advisory Planning Commission: Gary Huusko 3 year term Julie Stackhouse 3 year term Ted Gladhill 1 year term (alternate) Advisory Parks and Recreation Commission: Joseph Bari 3 year term Elizabeth Perry 3 year term Richard Pletcher 3 year term Phil Belfiori 1 year term (alternate) Airport Relations Commission: Jerry Thompson 2 year term Bruno DiNella 3 year term Charles Thorkildson 3 year term Mike Schlax 3 year term Erik Peble 1 year term Michael Cook 1year term (alternate) Economic Development Commission: Brian Carey 3 year term Eagan City Council Meeting Minutes January 22, 2002 Page 5 Jean Cheskis 3 year term Nathan Spears 3 year term Richard Ternet 1 year term (alternate) Burnsville/Eagan Telecommunications Commission: Alan Miller 3 year term Bob Cooper 3 year term Kurt Hicok 1 year term (alternate) Waste Reduction and Recycling Advisory Commission Ronald Moening 3 year term Nathan Krahn 3 year term Carla Heyl 1 year term (alternate) Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a resolution ratifying the ballots for the appointments of advisory commission members. Aye: 5 Nay: 0 ACTING MAYOR Mayor Awada appointed Councilmember Fields as Acting Mayor. OFFICIAL LEGAL NEWSPAPER Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the Dakota County Tribune as the City of Eagan?s official legal newspaper. Aye: 5 Nay: 0 CITY COUNCIL MEETING SCHEDULE Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the 2002 Schedule of City Council Meetings as follows: Aye: 5 Nay: 0 2002 SCHEULE OF REGULAR COUNCIL MEETINGS JANUARY 8 MAY 7 SEPTEMBER 3 JANUARY 22 MAY 21 SEPTEMBER 17 FEBRUARY 5 JUNE 4 OCTOBER 1 FEBRUARY 19 JUNE 18 OCTOBER 15 Eagan City Council Meeting Minutes January 22, 2002 Page 6 MARCH 4* JULY 2 NOVEMBER 7** MARCH 19 JULY 16 NOVEMBER 19 APRIL 2 AUGUST 6 DECEMBER 3 APRIL 16 AUGUST 20 DECEMBER 17 There will be a Listening Session at 6:00 p.m. before each regular Council meeting Eagan City Council Meeting Minutes January 22, 2002 Page 7 2002 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 17 MAY 14 SEPTEMBER 10 JANUARY 29 (tentative) MAY 28 (tentative) SEPTMEBER 24 (tentative) FEBRUARY 12 JUNE 11 OCTOBER 8 FEBRUARY 26 (tentative) JUNE 25 (tentative) OCTOBER 22 (tentative) MARCH 12 JULY 9 NOVEMBER 12 MARCH 26 (tentative) JULY 23 (tentative) NOVEMBER 26 (tentative) APRIL 9 AUGUST 13 DECEMBER 10 APRIL 23 (tentative) AUGUST 27 (tentative) CITY COUNCIL MEETING PROCEDURES It was noted that several changes that have been approved previously were inadvertently left out of the procedures presented for approval. Mayor Awada moved, Councilmember Fields seconded a motion to continue approval of City Council meeting procedures to the Consent Agenda of the February 5, 2002. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE REPRESENTATIVE APPOINTMENTS Mayor Awada made the following committee representative appointments: Finance Committee : Councilmember Tilley (Chair) and Mayor Awada Public Works Committee : Councilmember Bakken (Chair) and Councilmember Fields Personnel Committee : Councilmember Carlson (Chair) and Councilmember Bakken Minnesota Valley Transit Authority Board : Councilmember Tilley School Districts : Councilmember Fields Municipal Legislative Commission : Mayor Awada Councilmember Fields moved, Councilmember Tilley seconded a motion to re-affirm members to each of the three Community Center / Central Park Teams as follows: Aye: 5 Nay: 0 Community Center/Central Park Teams : Site Design Team : Mayor Awada and Councilmember Carlson Partnerships : Mayor Awada and Councilmember Tilley Eagan City Council Meeting Minutes January 22, 2002 Page 8 Operations : Councilmembers Bakken and Carlson Facility Design Team : Councilmembers Bakken and Carlson The City Council also discussed their committees and subcommittees related to the 2001- 2002 strategic plan (goals). There was unanimous consensus that the seven (7) committees related to the strategic plan continue with the addition of Councilmember Tilley joining Councilmember Carlson on the Cedar Grove Redevelopment and Councilmember Carlson joining Councilmember Bakken on the Rapid Outbound Telephone System. There are five (5) other committees/subcommittees that consist of 1 - 2 Councilmembers and the only change was a correction in the name of the Sign Committee, changed to Business Sign Committee. NEW BUSINESS REZONING & PRELIMINARY SUBDIVISION MANLEY BROTHERS CONSTRUCTION City Administrator Hedges introduced this item regarding the rezoning of approximately 10 acres from A (Agriculture) to R-1, (Residential Single Family) and a Preliminary Subdivision (Natures Edge) to create 20 single family lots for property abutting the west side of Dodd Road, South of Cliff Road and north of McFaddens Trail. Senior Planner Ridley gave a staff report. Mayor Awada asked how the plat had changed since the Advisory Planning Commission review. Senior Planner Ridley reviewed the changes. Mayor Awada expressed concern over the number of accesses off of Dodd Road and the size of Lot 17. Mr. Manley discussed a solution for making Lot 17 larger. An access easement was also discussed. Senior Planner Ridley suggested that Council approve the preliminary subdivision with Lots 16, 17 and 18 being platted as an outlot. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Rezoning of 10.04 acres from A (Agriculture) to R-1 (Residential Single Family) located at 4665 and 4636 Dodd Road in the NW ¼ of Section 36. Aye: 4 Nay: 0 Abstain: Fields Mayor Awada moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create 17 lots and one outlot ( Lots 16, 17 and 18 designated as on outlot ) for single family dwellings on 10.04 acres located at 4665 and 4636 Dodd Road in the NW ¼ of Section 36 with the following conditions: Ayes: 4 nay: 0 Abstain: Fields 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3, 4; C1 2, 3; D1; E1 2. The property shall be platted. 3. The applicant shall receive permit prior to the demolition of structures on site. 4. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards as part of this development. Eagan City Council Meeting Minutes January 22, 2002 Page 9 5. Easements for the monument signs shall not conflict with City easements. The developer shall prepare documents for the monument sign easements and submit them to the City Attorney for review prior to Final Subdivision approval. The applicant shall obtain separate sign permits prior to the installation of the entrance monument signs. 6. Lots 1, 2, 8-13, and 19 and 20, Block 1 and future lots created by the subdivision of Outlot A, if applicable shall comply with applicable standards of the shoreland ordinance. 7. The applicant shall install and provide tree mitigation according to the City of Eagan Tree Preservation Ordinance. Mitigation is calculated to be 24 Category A, or an equivalent of Category B or C trees. 8. The developer shall install Tree Protective measures (i.e. orange colored silt fence or 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. 9. The developer shall contact the City Forestry Division to 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. 10. Individual lot tree preservation plans shall be submitted at the time of building permit / grading permit application for Lots 1-12, 14, and 20, Block 1 and the future subdivision of Outlot A. 11. A contract for the upgrade of Dodd Road (with associated public utility extensions and storm sewer) shall be awarded by the City Council prior to Final Subdivision approval for this development. 12. This development shall dedicate 33 feet of one-half right-of-way along Dodd Road. 13. The development shall meet the City?s water quality requirements primarily by creating a minimum stormwater treatment capacity of 0.2 acre-feet covering a minimum area of 0.1 acre. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:21 aquatic bench from the normal water level, and an outlet skimmer according to City design standards. 14. A cash dedication is required in lieu of ponding for untreated stormwater that will runoff of 2.0 acres of the site. 15. The development shall be allowed 334 square feet of wetland fill. However, prior to any such activity, the development is required to file an appropriate application with and received from the City a de minimis exemption permit. 16. A vegetative buffer shall be required around the perimeter of the wetland. The buffer may be of varying widths subject to approval by the City Water Resources Coordinator. 17. The subdivision shall be subject to cash park and trail dedication. 18. The developer shall include language in purchase agreements or restrictive covenants that informs future lot owners about wetland and buffer maintenance. 19. A public trail access easement shall be dedicated over the existing trail and small bridge on the berm within the existing pond along the west edge of the development. The developer shall dedicate the easement at the time of Final Subdivision approval. Eagan City Council Meeting Minutes January 22, 2002 Page 10 20. Staff will review the Dakota County Park Department?s comments on the proposed Nature?s Edge stormwater management plan as it relates to the Lebanon Hills Regional Park Master Plan. Concerns will be addressed and incorporated during the Final Subdivision process. CDBG FUNDING FOR FISCAL YEAR 2002 City Administrator Hedges introduced this item regarding block grant funding from the US Department of Housing and Urban Development for programs that adhere to national objectives and eligible activities. Senior Planner Ridley gave a staff report and discussed suggested allocation of the funds. Councilmembers discussed the allocation of the $238,042 funding amount. Councilmember Bakken suggested that the Quarry Park Youth Development allocation be deleted and the funds be designated elsewhere. Councilmember Carlson stated she did not feel it was appropriate to allocate funding for the services at Wescott, as it is private property. After discussion, Councilmembers agreed to eliminate the services to Wescott effective with the conclusion of FY 2001 (June 30, 2002). Mayor Awada moved, Councilmember Bakken seconded a motion to distribute the FY 2002 Community Development Block Grant funding as follows: Aye: 5 Nay: 0 Home Swap (Senior Housing) $120,000 Homeownership Assistance $ 10,542 Cedarvale Blight $107,500 Mayor Awada moved, Councilmember seconded a motion to adopt a resolution authorizing the City Administrator to submit the CDBG Program applications, per Council distribution direction, to Dakota County CDA. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:35 p.m. _____________________________ ___________________________________ 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). Eagan City Council Meeting Minutes January 22, 2002 Page 11 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.