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04/08/2003 - City Council Special MINUTES OF A SPECIAL CITY COUNCIL MEETING APRIL 8, 2003 5:30 P.M. CITY HALL COMMUNITY ROOM A Special City Council meeting was held on Tuesday, April 8, 2003 at 5:30 p.m. at the Eagan Municipal Center. Those present at the meeting were: Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire, as well as City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Water Resources Coordinator, City Engineer Matthys, and Public Works Director Colbert. ROLL CALL AND AGENDA The Mayor called the meeting to order and noted that Councilmember Carlson would be arriving at 6 P.M. Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt the agenda. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. REVIEW SHORE LAND ZONING ORDINANCE/CREEK BUFFER CONDITION City Administrator Hedges introduced the item as a discussion regarding the City's buffer requirements for the two creeks in Special Area 5 (Cedarvale Area), located in the northeast quadrant of Cedar Avenue and Highway 13. Senior Planner Ridley presented information on the shore land zoning requirements of the City, as well as the requirements ofthe DNR, noting that the City's ordinance is more restrictive than the DNR's. Ridley informed the Council of discussions with the DNR staff, who stated that the DNR would be amenable to changes in the City's shoreland zoning regulations provided the restrictions remain the same and or more stringent that the DNR's regulations. The City Council discussed the DNR's requirements and the rationale behind the creek buffer area. Three Eagan residents addressed the Council, asking that the City relax their shoreland zoning requirements. Water Resources Coordinator Macbeth addressed the Council regarding the State's definition of shoreland, noting that the shoreland is the area within the defined 300' buffer. The City Council noted their desire to provide homeowners with the most flexibility, while protecting the area, meeting environmental standards, and following State requirements. The Council directed staff to prepare information in the following areas to be brought to a Council workshop: 1.) Issues oflegality (Were the restrictions on the land put in place after the homeowners had purchased the land?); 2.) Show concentric circles within the buffer to identify which parcels are affected t the shoreland zoning regulations (place an X in each parcel to identify where each home is located); 3.) Provide a summary of the State's definitions/regulations regarding shoreland zoning requirements; 4.)Identify permitted conditional uses within the buffer area; 5) Provide a brief history on the conditions the stream; and, 6.) Research why Eagan created regulations that are mores strict than the State's requirements. The Council also directed that the residents affected by the 300' buffer again be noticed '" the item is scheduled for a Council workshop. REVIEW KENNERICK STORM SEWER OPTIONS City Administrator Hedges introduced the item, noting that the City Council directed the consideratim Kennerick Addition/Pond HDP-l Storm Sewer Improvements to a workshop due to new information presented at the February 18,2003 City Council meeting. Public Works Director Colbert introduced J Kimmis and Dave Bennett of Bonestroo, Rosene, Anderlik, and Associates, as well as Russ Matthys, Engineer. Special City Council Workshop Minutes April 8, 2003 Page 2 Kimmis explained the various project options including the base alignment and the common lot line alignment. Including open cut, directional drilling and grass removal and no grass removal (assuming excavation) a total of eight (8) options along with cost estimates were presented. City Council consensus was to proceed with the common lot line alignment, directional drilling and to remove the grass at an estimated total cost of$218,525. Numerous citizens addressed the Council with questions and comments about the project, which the staff addressed. The Council noted that the intent of the Kennerick neighborhood meeting was to review options for the project, but not bring any new requests to the table. The Council discussed the direction they wanted to take, and Public Works Director Colbert noted that no direction was needed; rather, bids will be opened to determine actual bid prices versus the engineer's estimates currently be used. Colbert also informed the Council that he would provide an update at the April 15 Council meeting regarding the easement acquisition process, following which will be the public hearing on the project. Upon closure of the public hearing, the Council will consider approving the project and awarding the contract. Lastly, the Council inquired about the County's role in the project, which Colbert responded to, noting that the Council has no obligation on this particular project. REVIEW WINTER TRAIL MAINTENANCE PROGRAM City Administrator Hedges provided an introduction to this item by providing background on the process in place to review the winter trail maintenance program. He noted that three (3) specific trail segments were referred to this Special City Council Meeting for additional review. He also reiterated the City Council's concern for the cost ofthe program in light ofthe State's budget deficit and its impact on Eagan. The Council first considered a trail maintenance request that was initiated by a required petition, containing more than 50 signatures. The petition requested that the north side of Yankee Doodle Road from Coachman to Central Parkway be plowed. Director Colbert explained the two (2) options available for consideration, if the City Council desired to add this trail segment. The first was to plow the trail on the north side of Yankee Doodle and maintain the trails on both sides of Yankee Doodle in that area. The second was to switch the plowing from the south side to the north side, and plow only the trail on the north side in that area. Since protected crossings exist on both ends of the segment, either option would be feasible. Director Colbert also called the Council's attention to the historical cost information included in the packet material. An Eagan resident spoke to the merits of the petition. Councilmember Carlson moved and Councilmember Tilley seconded a motion to direct the action to the April 15, 2003 Consent Agenda approving a change to plow both sides of Yankee Doodle in this area per the petition, and to extend plowing on the north side to Pilot Knob Road to facilitate trail access to the new Community Center. Aye: 5 Nay: 0 The second request was heard by the City Council, which was a petition to plow the trail on the west side of Pilot Knob Road from Tower View Road to Lone Oak Road. Colbert noted that this request had been a part of a larger petition with the other part covering internal trails. The request to plow the internal trails was denied at the regular Council meeting on April 1, 2003. Colbert informed the Council that since there is no signalized crossing at Tower View Road, the remaining request could not be met by switching sides of Pilot Knob and would result in an increase to trail plowing. Councilmember Fields noted that the request did not meet the City's trail maintenance policy. Councilmember McGuire explained his desire to make opportunities for walking available to seniors and voiced his support for the request, adding that it meets the intent and needs of senior housing. Councilmember Tilley suggested that the request be brought back at another time. Special City Council Workshop Minutes April 8, 2003 Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to deny the request at this time. Aye: 4 Nay: 1 (Councilmember Maguire voted against the motion) Public Works Director Colbert introduced the third request, which was a request to plow the trail on the east side of Pilot Knob Road between Wescott Road and Duckwood Drive. Colbert noted that the segment being requested was moved from the east to the west side in 1999 in response to a citizen request. Two (2) options to meet the request were presented by Colbert: 1.) Add the east side to the existing plowed trails, plowing both sides of Pilot Knob Road in this particular segment; and 2.) Move the plowed side back to the east side of Pilot Knob. Councilmember Fields noted that the trail on the east side of Pilot Knob Road is plowed from Cliff to 1-494 with the exception of this short segment. The importance of the connection with the MVTA Park and Ride site was also noted. Councilmember Fields moved, Councilmember Tilley seconded a motion to move the trail plowing back to the east side of Pilot Knob Road. the motion and it passed unanimously. Aye: 5 Nay: 0 CONSIDER EXPANSION OF JP-47 POND City Administrator introduced the item and provided background information. Director Vraa outlined the need for a second pond (JP-4 7, 2) to provide treatment to storm water passing from Hurley Lake into Fish Lake. Director Vraa noted two (2) objectives in acquiring the additional pond. First, the existing pond, JP- 47 can then be returned to its original state. Secondly, treatment capacity to protect the water quality in Fish Lake can be increased. Director Vraa noted three (3) items for consideration by the City Council. First, the new pond would require approximately 2.5 acres of land to be acquired from the land owner through condemnation action due to other legal issues not involving the City. Vraa added that the condemnation process seems to be acceptable to the land owner and his attorney. Second, a timeline would be needed to determine acquisition and design in order to bid by late fall, preferably so the new pond would be functional in the spring of2004. Cleaning of JP-47 would take place in the January/February time frame. Third, payment for acquisition would come from funds collected through the development process in lieu of land to meet water quality obligations. Questions were raised about the temporary construction access road and Director Vraa noted that staff is working with neighbors on access and construction issues. The existing access road has been cleared but would be somewhat more disruptive to use than the temporary road shown on the diagram. A question was raised about the issue of restoring trees previously removed. Water Resources Coordinator Macbeth responded that he as met with the affected property owner and his neighbor and a plan has been agreed to. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct this item to the April 15, 2003 Regular Meeting Consent Agenda for ratification. Aye: 5 Nay: 0 REVIEW SHELTER CORP. REQUEST FOR A COUNTY TIF ISSUANCE FOR THE CEDAR VILLAS PROJECT City Administrator Hedges introduced the item by providing background on the approval process for Cedar Villas. Mr. Hedges introduced Mark Ulfers, Executive Director of the Dakota County Community Development Agency (CDA) who provided additional background on the project and explained how a TIP application came about. The City Council expressed concerns about the TIF application surfacing after the City land use approvals for the project had been granted, and questioned whether or not the project would Special City Council Workshop Minutes April 8, 2003 Page 4 have been approved if nF had been a part of the original application. Mr. Ulfers explained that because of changing financial parameters, projects that appear financially feasible at the time of the original application may not be financially feasible as development progresses; hence request for nF assistance may be processed later in the development timeline. He also explained the CDA's responsibility to the public process and the diligence they put into reviewing applications. Mr. Jay Jensen of Shelter Corporation was introduced and addressed the development history and the developer's investment in the Cedar Villas project. Councilmember Carlson expressed her appreciation for the explanations, however reiterated her concern about the "after the fact" approach to this nF application and the potential Eagan taxpayer annual impact of approximately $38,000 that was not disclosed to the public at the time of the application. Mr. Jensen explained the difficulty in obtaining private investors due to the changing tax laws and the minimal availability to sell tax credits on this project. The City Attorney explained the relationship between the CDA and the City as it relates to housing projects and the use ofnF along with notification requirements. The City Council inquired about a method of requiring a second approval when a financing component was not part of the original approval process, including the possibility of requesting nF legislation to resolve the Issue. Councilmember Tilley moved, and Councilmember Maguire seconded a motion to consent to the creation of a County nF district for Shelter Corporation for Cedar Villas. Aye: 3 Nay 2 (Councilmembers Carlson and Fields voting against the motion) Mr. Ulfers addressed the Council to express his concern about any potential nF legislation and requested an opportunity to work with the City to address concerns rather than using the legislative approach. Councilmember Maguire noted that the City Council had not addressed a request for legislation and has not taken a formal position. Councilmember Carlson noted that any individual member can work for legislation as an individual not representing the Council or the City. Mayor Geagan stated that he would like to see Mr. Ulfers meet with the Council to provide additional education on housing and the CDAlCity relationship. Mr. Ulfers stated he would be happy to do that and also again expressed his appreciation for the work that Councilmembers Tilley and Carlson did on the Cedar Villas project. OTHER BUSINESS Hilltop Pond - Danner Contract City Engineer Russ Matthys provided an update on his discussions with the contractor who is attempting to complete the project by the May 31, 2003 completion date included in the contract. To this point staff has not initiated a change order request to delay the work. The change order request would need to be directed by the City Council and may come with a cost. Mr. Robert Peterson, 4175 Strawberry Lane, proposed that the City discuss postponing the project until the fall at no additional cost to the City in order to protect the nesting wildlife. The City Council expressed an interest in protecting the wildlife. Council consensus was that no additional money should be spent to get an extension. City Engineer Matthys was directed to ask the contractor about his willingness to execute a change order to postpone the project at no additional cost to the City. Stafford Place Parkin2 Public Works Director Colbert provided an update on the neighborhood parking problems related to activities at the Eagan High School site. In response to previous research he noted that the City Attorney reviewed the South St. Paul signage and responded that any signage must be specific as to time and place in order to be enforceable. Director Colbert also noted the difficulty in getting neighborhood consensus Special City Council Workshop Minutes April 8, 2003 Page 5 because of the divergent interests and impacts. Colbert added that the cost estimate for changing the parking on Braddock Trail from the east to the west side is approximately $19,000 due to seal coating and striping issues, and that work could not be completed until mid-July due to striping scheduling. The Council directed that Stafford Place Parking be scheduled as an agenda item for the May 20, 2003 City Council Meeting. Council directed staff to notice the Stafford Place neighborhood about the meeting and prepare an enforceable, written proposal for the Council's consideration. City Administrator Updates City Administrator Hedges informed the City Council of the weather related siren testing scheduled for Thursday, April 10th. He also noted that the Lioness statute has arrived and that City staffhas been working with the seniors who have scheduled three events at the Community Center: a dance on May 13, a get acquainted gathering on May 15 and a spring "shower donations" event on May 28. Mr. Hedges informed the City Council of an e-mail received form Linda Haugen to which a City Attorney update will follow. He also noted that he will be providing updates on the Community Development Director position and on the 2004 operating budget. The City Council directed that the picture display of City Council members should display the photos of City Councilmembers currently holding office. ADJOURNMENT The meeting adjourned at 9:40 P.M. City Clerk Date If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5000, (TDD phone: 651-675-8535). 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.