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12/02/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 2, 2002 A regular meeting of the Eagan City Council was held on Tuesday, November 19, 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 Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt the agenda. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson asked that item B; Personnel Items be pulled from the Consent Agenda for discussion. A. Minutes. It was recommended to approve the minutes of the November 19, 2002 regular City Council meeting, the November 19, 2002 Listening Session and the November 26, 2002 Special City Council meeting as presented. B. Personnel Items. Pulled for Discussion 1. It was recommended to approve the hiring of Kerry Stang as a utility maintenance worker. 2. It was recommended to accept the resignation of Kris Forester, Clerical Tech III at Central Services Maintenance. 3. It was recommended to accept the retirement of Arnie Erhart, Superintendent of Streets and Equipment, effective March 21, 2003. 4. It was recommended to authorize the position of Facility Supervisor/Community Center and advertisement of the position. C. Check Registers. It was recommended to ratify the check registers dated November 21, 2002 and November 28, 2002 as presented. D. 2003 Trash Hauler License Renewals. It was recommended to approve the 2003 Trash Hauler License Renewals for Construction/Demo ? Dick?s Sanitation and Alpha Construction; Multiple Dwelling/Commercial ? Dick?s Sanitation; Residential - Dick?s Sanitation. E. 2003 Tobacco License Renewals. It was recommended to approve 2003 Tobacco License Renewals for Valley Lounge and LaFonda?s. F. 2003 Liquor License Renewals. It was recommended to approve the renewals of existing liquor licenses. G. Project 882. It was recommended to receive the Draft Feasibility Report for Project 882 (Crestridge Lane ? Street Improvements) and schedule a public hearing to be held on February 4, 2003. H. Easement Vacation. It was recommended to receive a petition to vacate a public trail easement for th Lot 2, Block 5 of the Wilderness Run 4 Addition, and schedule a public hearing to be held on February 4, 2003. I. Contract 02-01. It was recommended to approve the final payment for contract 02-01 (Beacon Hill / Brittany / Johnny Cake Ridge Additions / Covington Lane ? Street Overlay) in the amount of $18,965.35 to Northwest Asphalt, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. J. Contract 01-09A. It was recommended to approve the final payment for Contract 01-09A (City-Wide Storm Sewer Lift Station Rehabilitation), in the amount of $111,983.30 to S.M. Hentges and Sons, Inc., and authorize perpetual City maintenance. K. Contract 02-11. It was recommended to approve Change Order No. 2 to Contract 02-11 (Dodd Road, th Cliff Road to 120 Street (Butwin Road) ? Street, Utility and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 02-13. It was recommended to approve Change Order No. 1 to Contract 02-13 (July 2000) Storm Mitigation Improvements ? Miscellaneous Area 5) and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes December 2, 2002 Page 2 nd M. Outlot A. It was recommended to acknowledge receipt of land dedication (Outlot A, Mari Acres 2 Addition) gift to the City and authorize the Mayor and City Clerk to sign all related documents. N. 5 Year Capital Improvement Program. It was recommended to amend the 5-year Captial Improvement Program (2003-2007) by reversing the Lone Oak Road (2005) and Pilot Knob Road (2004) proposed improvement schedules. O. Code Amendment. It was recommended to direct the City Attorney?s office to prepare an Ordinance Amendment to chapter 11, to allow currency exchange operations, as a Conditional Use, within the Neighborhood Business and Community Shopping Center Zoning Districts. P. Acceptance of Grant. It was recommended to authorize the Eagan City Administrator and the Eagan Chief of Police to accept a grant from the Minnesota Department of Public Safety for $4,200.00 Q. Beverage Provider ? Eagan Community Center. It was recommended to approve the selection of Holiday Inn of Burnsville as the exclusive beverage provider for the Eagan Community Center and direct staff to enter into an agreement for their services. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 B. Councilmember Carlson questioned the proposed position of Facility Supervisor for the Community Center. Parks and Recreation Director Vraa discussed the need for the position. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the following personnel items. Aye: 5 Nay: 0 1. The hiring of Kerry Stang as a utility maintenance worker. 2. Accept the resignation of Kris Forester, Clerical Tech III at Central Services Maintenance. 3. Accept the retirement of Arnie Erhart, Superintendent of Streets and Equipment, effective March 21, 2003. 4. Authorize the position of Facility Supervisor/Community Center and advertisement of the position. PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2003 TRUTH-IN-TAXATION HEARING City Administrator Hedges, along with Chief Financial Officer Pepper, made a presentation on the 2003 tax levy and budget considerations. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Mayor Awada moved, Councilmember Bakken seconded a motion to set the 2003 levy and budget considerations for the December 17, 2002 City Council meeting. Aye: 5 Nay: 0 SIGN VARIANCE ? ALL AMERICAN RECREATION - 3820 HIGHWAY 13 City Administrator Hedges introduced this item regarding a request for a 170 square foot variance to the 25 square foot total size standard and a 170 day variance from the 10 days out of any calendar month standard for temporary signs to be located in a Community Shopping Center zoning district. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. Eagan City Council Meeting Minutes December 2, 2002 Page 3 Councilmember Carlson moved, Councilmember Fields seconded a motion to deny a 170 square foot Variance to the 25 square foot total size standard and a 170 day Variance from the 10 days out of any calendar month standard for two temporary signs to be located in a Community Shopping Center zoning district at 3820 Sibley Memorial Highway in the NE ¼ of Section 19. Gerald Schiltz, applicant, discussed the reason for the variance request, stating that he does not want to invest a substantial amount of money into a sign that may not be needed if the property is sold to a developer. Councilmember Carlson stated she felt the proposed signage would not be in compliance with design standards for the area. Councilmember Bakken stated he would support the variance request, as it is only temporary and would facilitate long term development. Mayor Awada and Councilmember Tilley agreed with Councilmember Bakken. Mr. Schiltz suggested postponing action on the variance request until January 21, 2002 to allow additional time to find out the developer?s intentions for the property. Councilmember Carlson withdrew the motion to deny the variance. Mayor Awada moved, Councilmember Bakken seconded a motion to close the public hearing and continue consideration of a 170 square foot Variance to the 25 square foot total size standard and a 170 day Variance from the 10 days out of any calendar month standard for two temporary signs to be located in a Community Shopping Center zoning district at 3820 Sibley Memorial Highway in the NE ¼ of Section 19. Aye: 5 Nay: 0 PROJECT 764R, SELMARK ADDITION, HARVEY ADDITION & BURRVIEW ACRES STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Selmark Addition, Harvey Addition and Burrview Acres. Mark Hanson of Bonestroo Resene Anderlik and Associates made a presentation. Mayor Awada opened the public hearing. Three residents spoke expressing their concerns regarding traffic and pedestrian safety, trail system, parking on the street, and access to property during construction. Public Works Director Colbert explained that this project only involves structural rehabilitation and the trail issue will be addressed in the future with the Parks Department. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmembers agreed that notice should be sent to affected property owners regarding consideration of ?No Parking? restrictions on Chapel Lane. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 764R (Selmark Addition, Harvey Addition and Burrview Acres ? Street Improvements), deleting Alternatives, and authorize preparation of detailed final plans and specifications. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Tilley seconded a motion to continue consideration of ?No Parking? signs on both sides of Chapel Lane (Dodd Lane to TH 149), and direct staff to notify residents of its reconsideration on December 17, 2002. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to direct staff to investigate the possibility of installing additional sidewalks and/or trails within Burr Oak Park and hold a neighborhood meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 2, 2002 Page 4 PROJECT 851, TOWN CENTRE AREA STREET & TRAFFIC MANAGEMENT IMPROVEMENTS City Administrator Hedges introduced this item regarding Town Centre area street and traffic management improvements. Tom Sohrweide, SEH, made a presentation on the proposed improvements. Mayor Awada and Councilmembers discussed various aspects of the proposed improvements including the dual left turn lanethat could possibly cause increased stacking at Yankee Doodle Road; the location of sidewalks; the possibility of a frontage road and the relocation of the street adjacent to Rainbow Foods. Councilmember Bakken stated he felt the recommendations of the Task Force should be followed and additional improvements could be made in the future if needed. Mayor Awada opened the public hearing. Representatives of area businesses, and two members of the Task Force, were present and voiced their concerns regarding proposed access changes, location of proposed sidewalks; crosswalks; assessment charges; safety issues; and recommendations made by the Task Force.The representative of Rainbow Foods stated that they were in favor of their proposed access relocation further to the west, would like to see the sidewalk relocated to the north and west side of Town Center Dr and expressed concerns about the impact to their newly re-striped parking lot. A representative of the Auto Mall stated their opposition to the proposed assessments and the median along Duckwood Dr. that would reduce their current full access. A representative of Corner Stone Self Storage would like to see the area of their frontage road serving the car service businesses to the north removed from the assessable area. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 851 (Town Centre Area ? Street and Traffic Management Improvements) with the following conditions: Aye: 5 Nay: 0 1. Commercial properties to be assessed on an area basis, and Residential properties to be assessed on a frontage basis. 2. Include sidewalk on Town Centre Drive on the west/north side. 3. Include Alternate #1, Left-turn lane on south leg of Town Centre/Denmark intersection 4. Include Option A (single left-turn lane on west leg of Duckwood/Town Centre) for Area 3; and authorize that the approval of the project shall be for two years, acquire right of way through quick take condemnation if necessary, and the preparation of detailed final plans and specifications. 5. The eastern access from Duckwood to Walmart shall be closed. PROJECT 875, LEXINGTON PLACE / LEXINGTON PLACE SOUTH ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding street overlay for Lexington Place and Lexington Place South Additions. City Engineer Matthys gave a staff report. Mayor Awada opened the public hearing. There being no public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 875 (Lexington Place / Lexington Place South Additions ? Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 876, DREXEL HEIGHTS ADDITION STREET OVERLAY Eagan City Council Meeting Minutes December 2, 2002 Page 5 City Administrator Hedges introduced this item regarding street overlay for Drexel Heights Addition. City Engineer Matthys gave a staff report. Mayor Awada opened the public hearing. One resident spoke requesting information regarding the need for the overlay and questioned a pre-payment option for the proposed assessments. City Engineer Matthys responded. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve Project 876 (Drexel Heights Addition ? Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 BLACKHAWK PLAZA (LOT 3, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement. Public Works Director Colbert gave a staff report and recommended that action be continued until consideration of the Final Plat and Subdivision for Greyhawk Addition. 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 continue any action of the vacation of public drainage and utility easements within Lot 3, Block 1, Blackhawk Plaza until consideration of the Final Plat and Subdivision for Greyhawk Addition. Aye: 5 Nay: 0 OLD BUSINESS VARIANCE ? WEST END HUNTING AND FISHING CLUB City Administrator Hedges introduced this item regarding a request for a variance to parking lot requirements for the West End hunting and Fishing Club. This item was continued from the November 19, 2002 City Council meeting. Senior Planner Ridley gave a staff report. Quinn Hutson, representing the Hunting and Fishing Club stated they would agree to install as holding tank and then connect to City services within 12 months of service availability. He further stated they would install a NURP pond and would pave the parking lot within 24 months of improved access being provided. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road subject to the proposals contained in the November 27, 2002 memo to the Eagan City Council and staff and the following conditions: Aye: 5 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. 2. The owner shall provide dust control for the crushed rock parking lot and drive. 3. A development agreement shall be attached to the variance. 4. The applicant waives the right to appeal assessments at the time of public improvements. FINAL REDEVELOPMENT AGREEMENT ? DELTA DEVELOPMENT, INC. (CEDAR GROVE REDEVELOPMENT AREA) Eagan City Council Meeting Minutes December 2, 2002 Page 6 City Administrator Hedges discussed this item regarding a development agreement with Delta Development, Inc. which was reviewed in detail at a previous Economic Development Authority meeting. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Final Redevelopment agreement with Delta Development, Inc. in the Cedar Grove Redevelopment Area. Aye: 5 Nay: 0 GIFT OF MARY WETLANDS REPLACEMENT PLAN City Administrator Hedges introduced this item regarding the proposed wetland replacement plan application by Sharing and Caring Hands for the Gift of Mary Children?s Home development. Eric MacBeth gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the proposed wetland replacement plan application by Sharing and Caring Hands for the Gift of Mary Children?s Home development. Don Elsenheimer, Westbury Way, requested the hearing be postponed to allow further investigation of impact on the wetland should the houses be moved closer together. Council agreed to take action on the next agenda item which pertains to the Gift of Mary project before acting on the wetlands replacement plan. Councilmember Bakken withdrew the motion. CONDITION MODIFICATION ? GIFT OF MARY City Administrator Hedges introduced this item regarding a modification to the conditions of Preliminary Planned Development approval for the Gift of Mary project located north of Highway 55 and south of Lone Oak Road. Senior Planner Ridley gave a staff report. Don Elsenheimer questioned the reason for the modification. Staff explained the very minor change to the conditions of the Preliminary Planned Development. Representatives of the applicant were present and further explained the reason for the small change. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a modification to the conditions of Preliminary Planned Development approval for the Gift of Mary project located north of Highway 55 and south of Lone Oak Road adjacent to the Inver Grove Heights border, in the NE ¼ of Section 12, as follows: Aye: 5 Nay: 0 10. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. Any such public improvement project must be awarded prior to issuance of any certificates of occupancy. 43. Minimum setbacks between residential structures shall not be les than ten (10) feet. GIFT OF MARY WETLANDS REPLACEMENT PLAN - CONTINUED. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the proposed wetland replacement plan application by Sharing and Caring Hands for the Gift of Mary Children?s Home development. Aye: 5 Nay: 0 Don Elsenheimer expressed concern regarding the wetland impact related to the Wetland Conservation Act (WCA) and the Technical Evaluation Panel (TEP). Members of staff and Council along with the applicant?s engineer responded to Mr. Elsenheimer?s concerns. Eagan City Council Meeting Minutes December 2, 2002 Page 7 Councilmember Bakken moved, Councilmember Fields seconded a motion to reconsider the previous motion. Aye: 0 Nay: 5 Motion failed. PROJECT 884, BOCHERT LANE ? STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the preparation of a feasibility report for Bochert Lane street improvements. City Administrator Hedges introduced this item. Mayor Awada noted that discussion had been held regarding this issue at a Council worksession. Mayor Awada moved, Councilmember Tilley seconded a motion to deny authorization of the preparation of a feasibility report by the City Engineer for Project 884 (Borchert Lane ? Street Improvements). Aye: 4 Nay: 0 (Councilmember Carlson was out of the room). NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - PEANUT?S PLACE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a dog day care in an existing shopping center located at 1248 Town Center Drive. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a dog day care in an existing shopping center located at 1248 Town Center Drive; subject to the following conditions: Aye: 5 Nay: 0 1. Inspection by Animal Control officer prior to opening 2. The Planned Development Agreement must be signed and recorded prior to issuance of a building permit. 3. Maintain a current kennel license. 4. All signage is subject to City Code requirements. 5. The fenced area behind the building shall be covered by a canvass awning that is an earth tone color that will be complementary to the Town Centre Shoppes building. 6. Designated bathroom area shall be cleaned twice daily and sanitized once daily. 7. Overnight boarding of animals is prohibited. 8. Hours of operation are limited to 7:00 a.m. to 7:00 p.m. ENVIRONMENTAL ASSESSMENT RUNWAY 17 DEPARTURE PROCEDURES City Administrator Hedges discussed this item regarding comments by the City related to the Environmental Assessment for Runway 17 Departure Procedures that will be submitted into the record at a MAC public hearing. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve City of Eagan comments related to the Environmental Assessment for Runway 17 Departure procedures. Aye: 5 Nay: 0 ADJOURNMENT The Mayor called a recess at 11:30 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 11:32 p.m., concluded the cable broadcast portion and introduced ?Visitors to be Heard?. There being no public comment, the Council meeting was adjourned at 11:33 p.m. The Council then retired into a Closed Session to consider pending litigation. _____________________________ ___________________________________ Eagan City Council Meeting Minutes December 2, 2002 Page 8 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.