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05/01/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 1, 2001 A regular meeting of the Eagan City Council was held on Tuesday, May 1,2001 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, and City Attorney Mike Dougherty. AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Item S Gopher Resources - New Well Installation was pulled from the Consent Agenda for discussion. Item K Final Subdivision and Final Planned Development - Woodstone Townhomes was pulled from the Consent Agenda and rescheduled for May 15, 2001. A. Minutes. It was recommended to approve the minutes of the April 17, 2001 Regular City Council meeting; the April 17, 2001 Listening Session; and the April 3, 2001 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Erin Lunders as a GIS Technician in the Public Works Division. 2. It was recommended to approve the hiring of Nathan Dunn, Jennifer Kilby, Rebecca Gordon, Mami Rutman, Laura Hogenson, Katherine Brandt, Alexis Lund and Caren Honigsfeld as part- time seasonal lifeguards for Cascade Bay. 3. It was recommended to approve the hiring ofKali Bavender as a part-time seasonal concessions worker for Cascade Bay. 4. It was recommended to approve the hiring of Brent Reykdal as a part-time seasonal quest services worker for Cascade Bay. 5. It was recommended to approve the hiring of Richard Ruhnde as a seasonal Horticultural Technician. 6. It was recommended to approve the hiring ofShaun Malady as a seasonal Forestry Technician. 7. It was recommended to approve the hiring of Mike Sowers a seasonal Tree Inspector. 8. It was recommended to approve the hiring of Kathleen Weinzettel as a seasonal recreation leader. 9. It was recommended to approve the hiring of Dale Bishop as a seasonal park laborer. 10. It was recommended to approve the hiring of Aaron Wheeler, Alounsak Sivongsay and Lindsay Stemig as seasonal Park Attendants. 11. It was recommended to approve the hiring of Kevin Weber as a seasonal Ballfield Attendant. 12. It was recommended to approve the hiring of Dave Streefland, Ryan Smolarck, Maria Struve, Robert Koenke and Lynn Streefland as seasonal park maintenance workers. 13. It was recommended to approve the hiring of Melissa Buntjer, Kellee Kattleman and Christie Mason as part-time seasonal concessions workers. 14. It was recommended to accept the letter of resignation from Police Officer Eric Huber. 15. It was recommended to accept the letter of resignation of David Koski, utility maintenance worker. C. Proclamation for Pause for Pledge of Allegiance. It was recommended to approve a Proclamation for Pause for the Pledge of Allegiance on Flag Day, June 14,2001. 01- 3 3- A D. Proclamation Naming May 3.2001 Space Day. It was recommended to approve a Proclamation naming May 3, 2001 Space Day. 01- 33- B E. City Auction. It was recommended to approve the date of May 19,2001 for the City Auction. F. Easement Agreement - Gopher Resource Corporation. It was recommended to authorize signatures for the renewable lease agreement between the City of Eagan and Gopher Resource Corporation. G. Civil Penalties for Liquor License Violations. It was recommended to direct staff to prepare an ordinance for administering civil penalties for liquor license violations. Eagan City Council Meeting Minutes May 1,2001 Page 2 H. Hearing Officer. It was recommended to authorize the City Administrator to appoint a hearing officer to conduct a liquor license violation hearing mandated by State law and the City Code for Casper's Cherokee Sirloin Room, and to set a date for the hearing subject to availability of the hearing officer. I. Minnesota State Arts Board Grant. It was recommended to approve the Minnesota State Arts Board Grant in the amount of $4,000. 1. Final Subdivision - Oakbrooke 5th Addition). It was recommended to approve a Final Subdivision creating 83 single family detached dwelling units upon property currently platted as Outlot B, D, E and F, Oakbrooke 2nd Addition and located north of Diffley Road and east ofI-35 E in the SW 1/4 of Section 21. K. Final Subdivision and Final Planned Development - Woodstone Townhomes. Pulled L. Contract 01-02. It was recommended to receive the bids for Contract 01-02 (Eagandale Center Industrial Park - Street Overlay), award the contract to McNamara Contracting for the base bid in the amount of $806,699, and authorize the Mayor and Deputy Clerk to execute all related documents. M. Proiect 761 - Duckwood Drive Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 761 (Duckwood Drive - Street Overlay) and schedule a public hearing to be held on June 5,2001. N. Proiect 771- Lexington Avenue Traffic Signal Agreement. It was recommended to approve a Traffic Control Signal Agreement for Project 771 (Lexington A venue, Town Centre Drive to Clubview Drive - Street, Utility and Trail Improvements) with the Dakota County Highway Department and authorize the Mayor and Deputy City Clerk to execute all related documents. O. Contract 00-09D, North Water Treatment Plant. It was recommended to authorize the 2nd and final payment for Contract 00-09D (Reroofing - North Water Treatment Plant) to Walker Roofing, Inc. in the amount of $11,726 and accept for perpetual maintenance subject to warranty provisions. P. Proiect 790R, Central Parkway No Parking. It was recommended to approve a resolution to prohibit parking on Central Parkway between Yankee Doodle Road (County Road 28) and Pilot Knob Road (County Road 31) and authorize the Mayor and Deputy City Clerk to execute all related documents. Q. Municipal State Aid Route Revisions/Designations. It was recommended to approve resolutions requesting the Commissioner of Transportation 's approval of the deletion of Yankee Doodle Road (Trunk Highway 13 to Inver Grove Heights border) and Lexington Avenue (Cliff Road to Trunk Highway 55) from the Municipal State Aid (MSA) system and the addition ofMSA street designation for a variety oflocal collector streets. R. Proiect 768, Northwood Parkwav Right of Way. It was recommended to approve the Right of Way acquisition agreement with Wenzel Financial, inc., and authorize the mayor and Deputy Clerk to execute all related documents. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the balance of the consent agenda. Aye: 5 Nay: 0 S. Gopher Resources - New Well Installation. An amended staff memorandum was distributed and a brief discussion was held. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the installation of a 10" well at 3385 Highway 149 (Gopher Resources) with related conditions. Aye: 5 Nay: 0 PUBLIC HEARINGS ASSESSMENT ROLL OF DELINQUENT FALSE ALARM BILLINGS 01-34 01-35 01-36 City Administrator Hedges introduced this item regarding the certification of six delinquent false alarms 0 1- 3 6 - A billings totaling $727.50. Mayor A wada opened the public hearing. There being no public comment, she turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve certification of delinquent false alarm billings to Dakota County for collection with property taxes. Aye: 5 Nay: 0 ASSESSMENT ROLL OF DELINQUENT UTILITY BILLINGS Eagan City Council Meeting Minutes May 1,2001 Page 3 City Administrator Hedges introduced this item regarding certification of approximately 278 delinquent utility bill accounts totaling $50,897.01. Mayor Awada opened the public hearing. There being no public comment she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve certification of 01- 3 6 - B delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 ASSESSMENT ROLL OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges introduced this item regarding certification of delinquent weed cutting billings that total $465.70. 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 Tilley seconded a motion to approve certification of delinquent weed cutting billings to Dakota County for collection with property taxes. Aye: 5 Nay: 0 PROJECT 764R, SELMARKIHARVEYIBURRVIEW ACRES ADDITIONS (STREET IMPROVEMENTS) City Administrator Hedges introduced this item regarding Project 764R (Selmark Addition, Harvey Addition, Burrview Acres - Street Improvements). Public Works Director Colbert introduced Mark Hanson of Bonestroo Rosene Anderlik and Associates who provided an overview of the feasibility study for the project. Councilmember Carlson stated she had received calls from concerned residents in the area regarding construction traffic. She suggested Project 764R be delayed for one year to allow time for construction in the area to be completed. Public Works Director Colbert suggested the project be denied rather than delayed and then return in the Fall of 2002 for reconsideration of construction in 2003. Mayor A wada agreed. The residents present at the meeting concurred with the recommendation to deny the project. Mayor A wada closed the public hearing. Councilmember Carlson was temporarily called away from the meeting. Councilmember Bakken moved, Councilmember Tilley seconded a motion to deny Project 764R (Selmark Addition, Harvey Addition, Burrview Acres - Street Improvements) and directed staff to bring the project back before Council in the Fall of 2002. Aye: 4 Nay: 0 PROJECT 806, KENNRICK ADDITION, POND HDP-l (TRUNK STORM SEWER OUTLET) City Administrator Hedges introduced this item regarding Project 806, (Kennerick Addition, Pond HDP-l- Trunk Storm Sewer Outlet). Public Works Director Colbert introduced Mark Hanson of Boonstroo Rosene Anderlik and Associates who provided an overview of the feasibility report. Several residents spoke expressing their opposition to the project. Their concerns included alternatives which have been reviewed by the consultant, cost estimates for landscaping, wetland restoration, assessments to neighboring property owners, alignment of the storm sewer, removal of trees, change to the existing holding pond, decrease in property values, and easements. A petition for an alternative feasibility study was submitted. There being no further public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes May 1,2001 Page 4 Mr. Hanson gave an overview of alternative plans that had been discussed at the neighborhood meeting. He stated that the alternate plans do not comply with Eagan's storm water plan and more costs would be incurred than with the proposed plan. Mr. Swenson, developer of the proposed Kennerick Addition, discussed drainage from Lone Oak Road which is contributing to the destruction of the wetland. Councilmember Tilley asked what the timeframe would be for the consultants to review alternative plans. Mr. Hanson stated he could have the review completed in a couple of weeks. Mayor Awada stated she is in favor of further review of alternatives for this project. Mayor A wada moved, Councilmember Tilley seconded a motion to continue Project 806 (Kennerick Addition, Pond HDP-l- Trunk Storm Sewer Outlet) until the May 15, 2001City Council meeting. Aye: 5 Nay: 0 VACATION - PUBLIC DRAINAGE AND UTILITY EASEMENT (LOT 3, BLOCK 1, UNISYS PARK ADDITION (NORTHWEST AIRLINES) City Administrator Hedges introduced this item regarding continuing indefmitely the vacation of public drainage and utility easements within Unisys Park Addition. Public Works Director Colbert gave a staff report, stating that the vacation is premature due to the lack of the replacement easements, and the required relocation of existing utilities. The building permit process proposed to fulfill these requirements has not yet been applied for. Mayor A wada opened the public hearing. There being no public comment, Mayor A wada closed the public hearing and turned the discussion back to the Council. Mayor A wada moved, CounciImember Carlson seconded a motion to continue indefinitely the vacation of public drainage and utility easements within Unisys Park Addition and authorize the Mayor and Deputy City Clerk to execute all related documents; and to direct staff to secure a fireworks easement in addition to a replacement easement. Aye: 5 Nay: 0 VARIANCE - DUKE WEEKS City Administrator Hedges introduced this item regarding a variance to the required 25% green space area and a Variance to the required 5 foot pavement setback to allow a shared driveway for Lots 2, 3, and 4, Block 1, Eagan Point, located on the west side of Highway 149 across from Rolling Hills Drive. Senior Planner Ridley 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 Carlson moved, Councilmember Bakken seconded a motion to approve a Variance to the minimum five-foot side yard pavement setback to allow a shared driveway for Lots 3 and 4, Block 1, Eagan Pointe subject to 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. 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. A cross easement for ingress and egress shall be provided for the shared driveway. the easement documents shall be submitted to the City Attorney for review and approval prior to building permit issuance. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to the minimum 25% green space on Lots 3 and 4, Block 1, Eagan Point subject to the following condition: Aye: 5 Nay: 0 'Eagan City Council Meeting Minutes May 1,2001 Page 5 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. The developer shall record a document against Lot 2 stipulations that a minimum green space of 31 % shall be provided on Lot 2. NEW BUSINESS APPOINTMENT TO WASTE MANAGEMENT COMMISSION City Administrator Hedges introduced this item regarding an appointment of a waste hauler representative to fulfill the remainder of a three-year term on the Waste Reduction Commission. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Ron Moening of Waste Management, Inc. to fulfill the remainder ofa tree-year Waste Reduction Commission term ending January 2002. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - KATHLEEN COOLEY City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a total of 1,624 square feet of accessory storage space on property located at 4395 Diffley Road. Mike Ridley gave a staff report. Ms. Cooley requested that the Council consider the proposed structure be moved west 100 feet from the location originally requested due to requests of her neighbors. Councilmembers agreed to the proposed location and requested that Ms. Cooley submit a revised site plan to Planning staff. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a total of 1,624 square feet of accessory storage space on property located at 4395 Diffley Road in the NW V4 of Section 25 subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The accessory building shall match the principal building in color. 3. The existing shed shall be removed from the property. 4. No commercial or home occupation activities shall take place within the accessory building. 5. There shall be no outside storage of recreational vehicles, yard or recreational equipment and other such items on the property. 6. The applicant shall submit a landscape plan for screening along the north side of the building. The landscape plan will be subject to City staff review and approval, and must be completed prior to release of the Conditional Use Permit for recording. The proposed five-foot side yard setback may need to be increased to provide sufficient space for effective landscape screening. COMPREHENSIVE GUIDE PLAN AMENDMENT Senior Planner Ridley provided an overview of the proposed Comprehensive Guide Plan Amendment. Councilmember Carlson stated she felt the area should be studied prior to a Comprehensive Guide Plan Amendment being made. Three area property owners spoke expressing their desire to have the property remain as it is currently zoned. 'Eagan City Council Meeting Minutes May 1,2001 Page 6 Mayor A wada moved, Councilmember Bakken seconded a motion to deny a Comprehensive Guide Plan Amendment to designate an area in SE Eagan as Special Area. Aye: 5 Nay: 0 Mayor A wada moved, Councilmember Tilley seconded a motion to direct staff to study the existing uses of the property that is subject to the moratorium. Aye: 5 Nay: 0 CODE AMENDMENT - ADAMS OUTDOOR ADVERTISING Assistant City Administrator Verbrugge introduced this item regarding a requested amendment to Table A of the Sign Code to allow an additional billboard upon Canadian Pacific Railway property located south ofTH 55 and east of35E. Senior Planner Ridley gave a staff report. No action was taken. ADJOURNMENT The meeting adjourned at 9:20 p.m. into an Economic Development Authority meeting and then an Executive Session to consider pending litigation. MBM \. / 1 I ! /j/:(It , I Date} .1/ I ~'/) L- I~i / ,--_///)1 f / ~:{ !/], /. '"(/./ / lie' L I,~[ IJ( (V~ Deputy Gi,W Clerk If v 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.