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05/15/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 15, 2001 A regular meeting of the Eagan City Council was held on Tuesday, May 15,2001 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 Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS PROCLAMATION OF TOM HEDGES DAY IN THE CITY OF EAGAN Dave Osberg, former President of the Minnesota City Managers Association made a presentation regarding the first Minnesota City/County Management Association's Dr. Robert A. Barrett Manager of the Year A ward being presented to Tom Hedges. Mayor A wada read the proclamation naming May 15, 2001 as Tom Hedges' Day in the City of Eagan. 01- 3 6 - C City Administrator Hedges spoke briefly. LEADERSHIP AWARD TO CITY OF EAGAN Steve King from the Dakota County Economic Development Partnership presented a Special Leadership Award to the City of Eagan acknowledging its efforts in economic development accomplishments. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 1,2001 regular City Council meeting, the April 24,2001, April 26, 2001, April 27, 2001 and April 30, 2001 Special City Council meeting minutes as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Katherine Larson, Ranae Thorman and Jennifer Geiser as part-time seasonal lifeguards for Cascade Bay. 2. It was recommended to approve the hiring Ryan Stack and Lisa Peterson as part-time seasonal concessions workers for Cascade Bay. 3. It was recommended to approve the hiring of Matt Holmes, Chase Garvey and Rosemary Watson as part-time seasonal guest services workers for Cascade Bay. 4. It was recommended to approve the hiring of Matthew Conn as a part-time seasonal operations and maintenance worker for Cascade Bay. 5. It was recommended to approve the hiring of Adam Keeler as a seasonal ballfield attendant. 6. It was recommended to approve the hiring of Alexis Drews, Mike Wiese, Justin Mushel, Christopher Hoffman, Gordon Dentinger, Bryon Seppamake and Leroy Rother as seasonal park maintenance workers. 7. It was recommended to approve the hiring of Troy Hoepner as a utility maintenance worker. 8. It was recommended to approve the 2001/2002 collective bargaining agreement with the Police Department 911 Dispatcher Collective Bargaining Unit. C. Licenses. It was recommended to approve new Commercial Fertilizer License for B & D Lawn and Tree and a new Tree Contractor License for Lawrence Tree Removal. D. Lawful Gambling Exempt Permit. It was recommended to approve a Lawful Gambling Exempt Permit for 01- 3 7 Valley Viewers 4-H Club for Bingo to be held at Eagan Central Park July 3 and 4,2001. E. Final Subdivision and Final Planned Development. It was recommended to approve the final subdivision and fmal planned development for W oodstone Townhomes - Tollefson Development, Inc. 01- 3 8 F. Sign Code Amendment. It was recommended to amend Table A of the Sign Code to reflect recently approved off-premise sign erections and removals throughout the City and direct the City Attorney to prepare an amendment suitable for publication. Eagan City Council Meeting Minutes May 15,2001 Page 2 G. Proiect 787. It was recommended to approve the Assessment Agreement with Arnold Doering, 4884 Pilot Knob Road for Project 787 and authorize the Mayor and Deputy Clerk to execute all related agreements. H. Contract 01-06. It was recommended to approve the plans and specifications for Contract 01-06 (Blue Gentian Road - Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 11 :00 a.m. on Thursday, June 28,2001. I. Contract 01-07. It was recommended to approve the plans and specifications for Contract 01-07 (Lexington Avenue - County Road Upgrade) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, May 31,2001. J. Proiect 804. It was recommended to receive the Draft Feasibility Report for Project 804 (Clearview Addition- Storm Sewer Improvements) and schedule a public hearing to be held on June 19,2001. K. Acquisition Agreement. It was recommended to approve an acquisition agreement for 1940 Silver Bell Road. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - GERALD V. NARLOCK City Administrator Hedges introduced this item regarding a one foot nine inch Variance from the required lO-foot side yard setback and a 4% Variance to the maximum 20% lot coverage requirement for a single family home addition at 1434 Blackhawk Lake Drive. Senior Planner Ridley gave a staff report. Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a one-foot nine- inch Variance from the required 10 foot side yard setback requirement for a single family home addition at 1434 Blackhawk Lake Drive, legally described as Lot 8, Block 3, Stoney Point subject to the following conditions: Aye: 5, Nay: 0 I. 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 applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the existing structure. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a 4% Variance to the maximum 20% lot coverage requirement for a single family home addition at 1434 Blackhawk Lake Drive, legally described as Lot 8, Block 3, Stoney Point subject to the above listed conditions: Aye: 5, Nay: 0 VARIANCE - SPECTRUM BUSINESS PARK City Administrator Hedges introduced this item regarding a 14 foot Variance to the minimum 20-foot parking and pavement setback from a public right-of-way for Lot 2, Block 1, Spectrum Business Park, located northeast of Hwy. 55 between Blue Gentian and Blue Water Road. Senior Planner Ridley gave a staff report. 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 Bakken seconded a motion to approve a 14 foot Variance to the minimum 20-foot parking and pavement setback from a public right-of-way for Lot 2, Block 1, Spectrum Business Park, located northeast of Highway 55 between Blue Gentian and Blue Water Road in the NW Y4 of Section 2 subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 15,2001 Page 3 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. Prior to issuance of a building permit, the applicant shall submit documentation to the City showing MN/DOT's consent to landscaping within the right-of-way. Documentation also shall be provided indicating maintenance responsibility for the landscaped area. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a 60-day extension for recording the final plat for Spectrum Business Park, located northeast of Highway 55 between Blue Gentian and Blue Water Road in the NW ~ of Section 2. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve issuance of a foot and foundation permit for Lot 2 prior to recording the final plat. Aye: 5 Nay: 0 PROJECT 776R, YANKEE DOODLE ROAD EXTENSION STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding preparation of detailed fmal plans and specifications for Project 776R, Yankee Doodle Road Extension - Street, Utility and trail improvements. Public Works Director Colbert gave a staff report. Mr. Colbert introduced Tiffany Dagon of Short Elliot Hendrickson Inc. who provided an overview of the Feasibility Report. Mayor A wada opened the public hearing. There being no public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve project 776R (Yankee Doodle Road Extension - Street, Utility and Trail Improvements), authorize the preparation of detailed fmal plans and specifications and the acquisition of right-of-way and easements through quick take Eminent Domain, if necessary. Aye: 5 Nay: 0 VACATION - PUBLIC DRAINAGE AND UTILITY EASEMENT (LAWRENCE AND LINDE AVENUE) City Administrator Hedges introduced this item regarding the vacation of the Public Right of Way for Lawrence Avenue and Linde Lane. Public Works Director Colbert gave a staff report. Mayor A wada opened the public hearing. There being no public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the vacation of the Public Right of Way for Lawrence Avenue and Linde Lane and authorize the Mayor and Deputy City Clerk to execute all related documents concurrent with the recording of the Grand Oak 3rd Addition plat at the County. Aye: 5 Nay: 0 PROJECT 806 - KENNERlCK ADDITION, POND HDP-l (TRUNK STORM SEWER OUTLET) City Administrator Hedges introduced this item regarding plans and specifications and the acquisition of right of way and easements for Project 806 Kennerick Addition, Pond HDP-l which was continued from the May 1, 2001 City Council meeting. Mark Hanson of Bonestro Rosene Anderlik and Associates discussed alternatives to the storm sewer and pond improvements proposed in the feasibility report. Mayor Awada opened the public hearing. Approximately 10 residents spoke. Their comments and concerns included maintenance of the outlet pipe from Pond HDP-l; concern over assessments; removal of trees; overall benefit to adjacent property owners. Eagan City Council Meeting Minutes May 15,2001 Page 4 There being no further public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. The Council and staff addressed the concerns of the residents and discussed the various options. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 806 (Kennerick Addition, Pond (HDP-I-Trunk Storm Sewer Outlet as amended by the Alternates Report dated May 10, 2001; authorize the preparation of detailed final plans and specifications and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 OLD BUSINESS VARIANCE - CASPER'S CHEROKEE SIRLOIN ROOM City Administrator Hedges introduced this item regarding a 48 stall Variance from the off-street parking supply requirement for a restaurant located at 4625 Nicols Road which was continued from the April 3, 2001 City Council meeting. Senior Planner Ridley gave a staff report Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a 48 stall Variance from the off-street parking supply requirement for a restaurant located at 4625 Nicols Road in the NW Y. of Section 31 subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall provide evidence of a long term lease for the use of the 80 off-street parking stalls on the property to the south. 2. The applicant shall enter into an agreement with the City requiring the removal of the two story seasonal patio if the lease is terminated or cancelled. 3. The variance shall be effective upon the receipt of necessary lease documents and the applicants entrance into the aforementioned agreement with the City. REPEAT CALL FOR SERVICE ORDINANCE City Administrator Hedges introduced this item regarding the establishment of a fee for repeat service calls to activity defmed as nuisances in the City Code. Police Chief Therklesen discussed the proposed ordinance and the types of disturbances that the ordinance is designed to address. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the addition of Section 10.44 establishing a fee for repeat service calls to activity defined as nuisances in the City Code, any activity, conduct or condition constituting a violation of Chapter 10 in the City Code, any activity, conduct or condition constituting a violation of Minnesota state laws prohibiting or regulating prostitution, gambling, controlled substance, use of firearms, and any activity, conduct or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt a resolution setting the 01- 3 9 repeat nuisance service call fee. Aye: 5 Nay: 0 NEW BUSINESS ANOMS REMOTE MONITORING TOWER SITE SELECTION City Administrator Hedges introduced this item regarding the site selection of ANOMS Remote Monitoring Towers. Assistant City Administrator Verbrugge displayed a picture of a monitoring tower and explained the purpose of the towers. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the recommendation of the Airport Relations Commission regarding site selection of ANOMS Remote Monitoring Towers. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 15,2001 Page 5 STREET NAME CHANGE - HUGH FITZGERALD BEAU D'RUE DRIVE TO CEDARV ALE LANE City Administrator Hedges introduced this item regarding a proposed street name change for Beau d' Rue Drive. He stated that area property owners had been noticed of the requested changes and one letter has been received opposing the proposed name change to Cedarvale Lane. Hugh Fitzgerald, owner of Cedarvale Lanes Bowling Center, discussed his reasons for requesting the name change. Two other area property owners expressed concerns regarding the proposed name change which included expenses for address changes on letterhead, business cards, etc., delay in mail delivery and the possibility of another street name change when redevelopment occurs. Mayor A wada agreed the name should be changed but stated it should be changed when the redevelopment occurs in the area. Assistant City Administrator Verbrugge suggested that staff work with property owners in the area to come up with an appropriate name. Council agreed that area property owners should be involved in the name change. Mayor A wada also suggested that staff consult with Post Office regarding transition of a name change. Ted Wachtner explained the origination of the Beau d' Rue Drive street name. The street was named for Fossum Beaudette, a well driller who drilled most of the wells for the homes along that street and his son Gordon Beaudette, who served on the Planning Commission for many years. The latter part of the name is for Charlie and Louie Rueger, potato farmers in the area. The combination of the names was suggested by Mrs. Charlie Beaudette, who was very active in civic affairs. Councilmember A wada moved, Councilmember Tilley seconded a motion to change the street name of Beau d' Rue Drive at a future date after notifying area property owners of the potential change and requesting suggestions for the new street name. Aye: 5 Nay: 0 REZONING AND PRELIMINARY SUBDIVISION - INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a rezoning of approximately 3.8 acres from R-1, Single family Residential to BP, Business Park located north ofTH 55 and east of Blue Water Road. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember fields seconded a motion to approve a Rezoning of approximately 3.8 acres from R-l, Single Family Residential to BP, Business Park located north ofTH 55 and east of Blue Water Road in the northeast Y4 of Section 2. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a two lot Preliminary Subdivision (Grand Oak Three) on property located north ofTH 55 and east of Blue Water Road in the northeast Y4 of Section 2 subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, 2, 3, 4, C!, 2, 4, DI, El 2. The property shall be platted. 3. Lawrence A venue and Linde Lane shall be formally vacated. 4. The portion of the existing Highway 55 right-of-way which overlays Lot 2 development shall be formally vacated and acquired by the applicant. 5. An outlet skimmer in accordance with City engineering standards shall be constructed on the outlet pipe from the pond. 6. A right in only entrance as approved by staff would be permitted 220 feet from intersection of both Water Road and Highway 55 and the remaining full driveway access shall be a minimum of 300 feet from the intersection. 7. All driveway accesses shall be a minimum of 300 feet from the intersection of Blue Water Road and Highway 55. Eagan City Council Meeting Minutes May 15,2001 Page 6 8. This development shall accept the City's determination of responsibility and costs of $3,478.00 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998. The fmancial obligation shall be placed in an escrow account with the City to be used solely for fmancing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. ADMINISTRATIVE AGENDA STORM UPDATE Margaret SChriener of the Eagan Foundation provided an update on the Unmet Needs Committee. CENTRAL PARK UPDATE / COMMUNITY CENTER PROJECT City Administrator Hedges provided a brief update. RFPILEGAL SERVICES City Administrator Hedges introduced this item regarding Strategy 12.3 in the City of Eagan Strategic Plan, reviewing city consultants as directed by the City Council in Fall 2000. He stated that his office is nearing completion of the RFP for legal services and is requesting approval at this time. Mayor A wada moved, Councilmember Tilley seconded a motion to approve the time line, in accordance with past procedure, for solicitation of the Legal Services RFP including general legal service, prosecution and specialized labor consultation. Aye: 5 Nay: 0 FUTURE DEVELOPMENT - DODD ROAD / ETHAN DRIVE TO WESTCOTT ROAD Senior Planner Ridley discussed this item, requesting direction from Council regarding options for the future development of Dodd Road / Ethan Drive to Wescott Road. Mayor A wada moved, Councilmember Carlson seconded a motion to direct staff to refer revised text to the Advisory Planning Commission for review and consideration. Aye: 5 Nay: 0 WETLAND CONSERVATION APPEAL PROCESS City Administrator Hedges introduced this item regarding the Minnesota Wetland Conservation Act policies governing wetland conservation and replacement. Councilmember Tilley moved, Councilmember Bakken seconded a motion to authorize the City Attorney and the Advisory Parks and Recreation Committee to develop an appeals process for any and all wetland conservation appeals that may occur in the future because the City of Eagan is the responsible local government unit. Aye: 5 Nay: 0 OAK CHASE ROAD DRAINAGE City Administrator Hedges introduced this item regarding correspondence from Bea Blomquist regarding the drainage on Oak Chase Road. Memos were provided from the City Engineer and Forester providing an update on the status of the installation of the storm sewer catch basins performed as part of the Oak Chase Road improvements and the benefits of trees in the reduction of storm water runoff. Mayor A wada directed staff to forward a copy of the memos to Ms. Blomquist and the other signatories of the letter. MONTHLY MEETING SCHEDULE A revised meeting schedule was discussed for the months of May, June and July. Councilmember Carlson suggested that the July 24 meeting to discuss goals be cancelled. Extension of the amount of time allotted for the Listening Session was also discussed. Eagan City Council Meeting Minutes May 15,2001 Page 7 Mayor Awada moved, Councilmember Tilley seconded a motion to acknowledge the changes on the May Council Calendar; schedule the joint EDC meeting for Monday, June 18,2001; cancel the July 24,2001 meeting; the Listening Sessions will begin at 5:30 p.m. starting with the June 5, 2001 meeting; and Special City Council meetings will begin at 5:00 p.m. beginning with the May 22, 2001 meeting. Aye: 5 Nay: 0 AERIAL PLATFORM FIRE TRUCK City Administrator Hedges discussed this item regarding the proposed purchase of a demo aerial platform fire truck. Councilmember Bakken moved, Councilmember Tilley seconded a motion to authorize staff to proceed with plans and specs for a new or demo aerial platform fire truck. Aye: 5 Nay: 0 TRENTON TRAIL - BillLDlNG PERMIT FEE A discussion was held regarding a request by the Trenton Trail neighborhood to waive the fee for a building permit for renovations that will be made to a property previously proposed for a group home that was jointly purchased by the neighborhood. Councilmember Tilley moved, Councilmember Bakken seconded a motion to waive the building permit fee for 4324 Trenton Trail. Aye: 5 Nay: 0 GRANDFATHER TREE PROJECT Kay Gustafson, representing the Eagan Foundation, requested funding for the relocation of a large bur oak tree at Central Park. The Council discussed the alternatives of funding for the project. Mayor A wada moved, Councilmember Carlson seconded a motion to direct staff to allocate money from the Central Park Budget toward the site development for preservation of the bur oak tree at Central Park referred to as the "Grandfather Tree" project. Aye: 5 Nay: 0 RESTORATION POLICY - STORM MITIGATION IMPROVEMENTS Public Works Director Colbert discussed a draft policy statement regarding the scope of restoration that the City would provide after the installation of the mitigative infrastructure improvements across private property. Councilmember Fields moved, Mayor Awada seconded a motion to approve the Restoration Policy for the storm mitigation improvements. Aye: 5 Nay: 0 VISITORS TO BE HEARD A resident from the Westbury neighborhood discussed recent transportation cuts by ISD 196 and the City's trail plowing policy. He requested that Council reconsider the policy to ensure more rapid snow removal and apply additional sand and salt to trails. He also suggested citizen initiated efforts to keep trails clear of snow and ice. Mayor Awada stated that the City has sent several letters to ISD 196 opposing the new walking policy. She stated it is unfair for the School District to shift its budget problems to the City. Residents who spoke earlier regarding Project 806 stated they felt they had made a mistake in expressing which proposal they preferred for the project. They indicated they would prefer the original proposal made by Mr. Swenson. City Attorney Dougherty stated that area residents would have to be re-notified since action had been made on the project earlier in the meeting. Council agreed to reconsider the project. Mayor A wada moved, Councilmember Bakken seconded a motion to reconsider Project 806. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 15,2001 Page 8 Mayor Awada moved, Councilmember Carlson seconded a motion to hold a public hearing regarding Project 806 on June 5, 2001. Aye: 5 Nay: 0 A business owner of 4861 Biscayne A venue discussed charges filed against him and his wife regarding zoning issues. He requested that his wife's name be removed from the charges. City Administrator Hedges explained that the issue should to be addressed before a judge, as the City Council has no authority in such matters. ADJOURNMENT The meeting adjourned at 11 :25 p.m. M\M. /; (~'j l/~ Ij~ !J (icI I Date /1 ~1 / h/. . / li/r..-Iz (G 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.