Loading...
02/20/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 20, 2001 A regular meeting of the Eagan City Council was held on Tuesday, February 20, 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 Mayor Awada announced the following changes to the agenda: Item G under the Consent Agenda regarding scheduling a public hearing to consider issuance of tax exempt bonds for the financing of not- for-profit schools will be continued to the March 6,2001 meeting at the request of Faithful Shepherd Church. Item A under Old Business regarding a rezoning and preliminary subdivision (Thomas Woods) will be continued to the March 20,2001 Council meeting at the request of the developer. Item E under Old Business regarding an ordinance regulating campaign signs will be continued to a future Council meeting. Item A under New Business regarding a variance and preliminary subdivision (Finch Place) will be continued to the March 6,2001 Council meeting at the request of the developer. Item B under New Business regarding an amendment to the Eagan City Code 10.10 regarding dangerous weapons and articles will be continued to a City Council work session. Council member Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Ayes: 5 Nay: 0 MINUTES OF THE FEBRUARY 6, 2001 REGULAR COUNCIL MEETING Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the minutes ofthe February 6,2001 Regular City Council meeting as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD Benita Atkins, spoke on behalf of the Duckwood Trails Tenants Association. She stated that Duckwood Trails is a 162 unit apartment building located at 3575 Lexington Avenue South, of which 33 units are Section 8. She explained that the tenants association was organized after notice was received that the building owners would not be renewing the Section 8 contract in the building. Ms. Atkins requested that the Council support their efforts to keep their homes classified Section 8. The Council was invited to attend a meeting to be held with the owners of the building on February 26,2001. Laurie Keister and Ethel Rasmussen also requested the support of the Council. Chris Leonard, with Homelife explained she had assisted in organizing the tenant association. She gave examples of other city councils that had supported residents in similar situations regarding Section 8 by attending meetings with the apartment owners, adopting a resolution of support, and encouraging the landlords to continue accepting Section 8 contracts. Councilmember Bakken asked ifthe potential to work with the Federal Government had been investigated. Ms. Leonard stated that the tenants are in contact with Minnesota Housing Finance Agency and may meet next week to discuss the Federal assistance. Eagan City Council Meeting Minutes February 20,2001 Page 2 Council member Carlson stated that she had previously received a letter from the Duckwood Trails Tenants Association that it was being considered to change the units from Section 8 to vouchers. Ms. Leonard stated that 33 units at Duckwood Trails are Section 8 units and if the owner chooses to get out ofthe Section 8 contract, residents would get vouchers, however there are many landlords that will not accept vouchers and the vacancy rate is very low. The vouchers also do not give the security to the tenants that the Section 8 contract gives. Council member Tilley stated she had attended a meeting of the Duckwood Trials Tenants Association and was impressed with the sense of community among the tenants. She further stated that she had been working with Senator Wiener in an effort to organize the tenants and schedule a meeting with the landlord of the building. Mayor Awada stated she will attend the meeting on February 26 with the owner of the property and adoption of a resolution supporting the efforts of the tenants will be scheduled for a future City Council meeting. Bea Blomquist representing the Eagan Historical Society expressed concern over the lack of designated space in the future Community Center for the Historical Society. She stated that the Community Center should be for everyone she is opposed to the Historical Society taking space elsewhere. Ray Wade, 4283 Amber Drive, Secretary of the Eagan Historical Society discussed the responsibility of the Historical Society and their needs. He stated he hesitated to invite people to come into the current space at City Hall. Ted Wachter, 4540 Blackhawk Road, stated he feels it is imperative that records and other historical items be stored appropriately. He discussed potential storage problems not only for the Historical Society but other City departments. Mayor Awada explained designated space for the Historical Society is being considered at the Fire Administration building. She stated there would be more space and more security in the Fire Administration Building than could be provided at the Community Center or at City Hall. Mr. Wachter stated he felt moving historical items from City Hall to another location could be detrimental to the items. He also pointed out that historical items need to be stored in a climate controlled area. He further stated he would like to see any proposals for space be brought to the Historical Committee as a whole before any final decision is made. Archie Paulsen, Secure Mini Storage, 3735 Sibley Memorial Highway discussed damage to his property caused by the July 2000 Super Storm. He stated that 75% of tenants had losses due to the storm. He stated he felt the flooding in his area resulted from problems with the drainage system and that his insurance company is refusing to pay for any damages on the property. He also indicated that he had ask the City for assistance but no one had been out to his property. Public Works Director Colbert stated he had no knowledge of any problems on the mini-storage site. He asked Mr. Paulsen to submit a letter to the City documenting what the problems on his property are and he will have a staff member investigate. Terry Wilkin, 10167 Alpine Way, requested that the City Council withdraw their approval of the Broadmoor development in Inver Grove Heights due to too many changes being made in the plan as well as drastic changes in the ISD 196 busing rules. Micky Westerman discussed the ISD 196 busing issues and endorsed the idea of having a park located in the outlot by the large pond. Councilmember Fields stated that she was aware that a traffic study had been conducted in the area on a day there was no school. Eagan City Council Meeting Minutes February 20, 2001 Page 3 Councilmember Carlson stated that the Council needs clear direction from the City Attorney as to what can be done when changes are made to development plans in adjacent Cities after approval as been given by Eagan. City Administrator Hedges stated that the issue can be researched and information provided to the Council. Council directed staff to provide legal direction and write a letter to Inver Grove Heights. STORM UPDATE City Administrator Hedges discussed what efforts are being made to obtain State and Federal Assistance. He stated that letters and been mailed and calls have been made to the legislators and that North State Advisors have been employed for assistance in obtaining Federal and State funding. Mayor Awada thanked the Legislative Delegates for their help. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Christopher Colbert and Natalie Ray as part-time seasonal winter recreation leaders. Item 2. It was recommended to approve the hiring of Jessica Pollman as a part-time seasonal preschool instructor/recreation leader. Item 3. It was recommended to approve the hiring of LeAnn Olesen-Bloom as a part-time seasonal preschool program assistant. Item 4. It was recommended to approve the hiring of JeffVanOverbeke as a seasonal street maintenance worker. Item 5. It was recommended to approve the hiring of Lindsay Marko, Danelle Larson, Kerry Johnson, Kristi Millmann, Megan Kissell, Kelsey Campion, Shannon Dunleavey, Megan Lostetter, Elizabeth Luke, Alex Dauphin and Kelsey Biagi as part-time seasonal lifeguards for Cascade Bay. Item 6. It was recommended to approve the hiring of Landon Weninger as a part-time seasonal guest services worker for Cascade Bay. Item 7. It was recommended to approve the hiring of Elisa Swenson as a part-time seasonal concessions shift leader for Cascade Bay. Item 8. It was recommended to approve the hiring of Megan Lindwall, Jennifer Lopac, Amanda Kuntz, Allison Rusk, Candice Courtright and Matt Horvath as part-time seasonal concessions workers for Cascade Bay. Item 9. It was recommended to approve the hiring ofRobyn Chapman as a IT Technician. Item 10. It was recommended to accept the letter of resignation from Doug Reid, Chief Building Official, who is retiring. Item 11. It was recommended to approve the change in status for the Clerical Technician III position at Central Services Maintenance currently occupied by Cris Marlette to Clerical Technician IV as a result of a Time Spent Profile review. B. 2001 License Renewals. It was recommended to approve license renewals for the year 2001 for New Frontier Lawn Care and The Tree Stump Company. C. Show License for 4th of Julv Carnival and Waive Fees. It was recommended to approve a license for Raleigh Seelig for a Shows License for 4th of July Carnival and waive fees. D. Reapproval of Final Plat (Oakbrooke 2nd Addition) - Joseph J. Christensen. It was recommended to reapprove a Final Plat (Oakbrooke 2nd Addition) of a 5 acre exception into a 1.5 acre lot and 3.5 acre 01-11 outlot located south of Deerwood Drive and west of the Deerwood School located in the southwest 1;4 of Section 21. Eagan City Council Meeting Minutes February 20,2001 Page 4 E. Final Plat (Royal Oaks 3rd Addition) - Brvce Thome. It was recommended to approve a Final Plat (Royal 01-12 Oaks 3rd Addition) consisting of three lots for property located east of Wescott Hills Drive and south of Yankee Doodle Road in the NE 114 of Section 14. F. Roval Oaks (Lot 24, Block 1.) Verdant Hills (Lot 7, Block 1) Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easement and schedule a public hearing to be held on March 20,2001. G. (Item Continued to March 6, 2001) - Issuance of Tax Exempt Bonds for The Financing of Not-For-Profit Schools Including Faithful Shepherd. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 798, CANTERBURY FOREST/WEDGEWOOD 1ST ADDITION STREET RECLAMATION City Administrator Hedges introduced this item regarding street reclamation for Canterbury Forest and Wedgewood 1st Addition and authorization to prepare the detailed final plans and specifications. City Engineer Russ Matthys gave a staff report. Mayor Awada opened the public hearing. John Pearson, 1006 Wedgewood Lane questioned the required specifications when the street was originally constructed and if the street had been constructed to those specifications. City Engineer Matthys explained that the street had been constructed by the developer and was weaker than it should have been. Public Works Director Colbert stated that archived records could be reviewed to see if the City had accepted the street with less than required specifications. Mr. Pearson also asked about accessibility to his property during construction. City Engineer Matthys stated that access to each property would be maintained during construction. Dan Squires, 1014 Wedgewood Lane expressed frustration over paying assessments if there were problems with the original construction. He also requested that the intersection of Wilderness and Lexington be evaluated as well as a stop sign on Wilderness Run and the area park. Tom Solosky, 1011 Wedgewood Lane stated he does not feel the road needs repair, as there is very little traffic and the road is not deteriorating. He stated it is a waste of money when the street had not been built to standards originally. Public Works Director Colbert explained the use of a computer software program that helps determine the need for timely maintenance. He stated that if the resurfacing project is not completed as scheduled, deterioration will occur quickly and a full replacement will have to be done. He also explained that a stop sign at Wilderness Run and the park would have to be approved by the County. Mayor Awada stated she agrees that a stop sign is needed and asked Mr. Colbert to contact the County in regard to their plans for the intersection. There being no further public comment Mayor Awada closed the public hearing. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 798, Canterbury Forrest & Wedgewood 1st Addition. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Tilley seconded a motion to direct staff to provide previous meeting minutes and other records regarding the proposed stop sign on Wilderness Run. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 20,2001 Page 5 PROJECT 797, LERTENDRE ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding the street overlay for Letendre 1 st & 2nd Additions and authorization for preparation of detailed final plans and specifications. City Engineer Matthys gave a staff report. Mayor Awada opened the public hearing. AI Hefner, owner of Valley Ridge Townhomes spoke briefly stating he had no objection to the project. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 797 (Letendre 1 st & 2nd Additions - Street Overlay) and authorize the preparation of detailed final plans and specifications. Aye: 5 Nay: 0 Mayor Awada called for a 5 minute break at 8:35 p.m. OLD BUSINESS CONDITIONAL USE PERMIT - SURE CONSTRUCTION City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a Shoreland Overlay District upon property located north of Town Centre Drive and west of Lexington Avenue. He stated that this item was continued from the February 6, 2001 City Council meeting to allow the applicant time to address an off-street parking deficit. Senior Planner Ridley provided an update stating that in response to the parking deficit, the applicant has downsized the building from 20,860 square feet to 18,990 square feet thereby satisfying the City's off-street parking requirements. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a Shoreland Overlay District upon property located north of Town Centre Drive and west of Lexington Avenue in the NE V4 of Section 15 subject to the following conditions: Aye: 5 Nay: 0 1. The subject property shall be platted into a lot and block. 2. The Conditional Use Permit shall be recorded with Dakota County within 60 days Final Plat approval. 3. To satisfy off-street parking supply requirements, not less than 3,000 square feet of the building shall be devoted to storage. 4. The City shall model increased phosphorus loads to O'Leary Lake. If this analysis indicates increased (untreated) phosphorus loads to O'Leary Lake, the development shall be subject to a water quality cash dedication to mitigate for that increased phosphorus load. 5. The City shall approve a variance to allow nine foot wide parking stalls upon the site. COMPREHENSIVE GUIDE PLAN City Administrator Hedges introduced this item. He explained that the Draft Comprehensive Plan was submitted to the Metropolitan Council in September 1999 and after much review and discussion, the full Metropolitan Council completed its review of Eagan's Draft Plan on December 13, 2000. He further explained that the Draft Plan submitted in September 1999 used data current as of August 1999 in regard to housing unit counts, vacant/underutilized land, etc. As part of the final review of the Draft Plan and to provide clarification, staff updated the numbers to be current as of October 2000. As such, an addendum was prepared to be adopted Eagan City Council Meeting Minutes February 20,2001 Page 6 with the Plan. Senior Planner Ridley discussed Special Area #5, and that a small area would be added as requested by the Council at the Special City Council meeting. He stated the map will be updated. Councilmember Bakken suggested that since the special areas were to be reviewed, it may be appropriate to review other areas of the City also. He stated that Section 36, in particular, contained a variety ofland uses that mayor may not be appropriate in the long term. He further stated that the area appears underserved in regard to neighborhood business uses. He recommended that Section 36 be reviewed and that staff prepare a long range plan for that area. The Council agreed. Mayor Awada also directed staff to look as area areas for potential golf course uses. David Rugg, 736 Caribou Lane discussed businesses that had been proposed in the Section 36 area in the past. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt the Comprehensive Guide Plan and Addendum. Aye: 5 Nay: O. GREATER CEDARV ALE REDEVELOPMENT City Administrator Hedges introduced this item regarding concept refinements and area delineation for the Greater Cedarvale Area redevelopment. He stated that discussion had been held at a prior special City Council meeting. He went on to state that adoption of the redevelopment area boundaries and redevelopment land use concepts will allow staff to immediately begin the process of market redevelopment opportunities to qualified developers and soliciting development programs. He further stated that a name change from Cedarvale to Cedar Grove had been suggested. Assistant City Administrator Verbrugge requested that the motion incorporate changes to the redevelopment area definition including several vacant parcels north of Silver Bell Road and Kennebec Drive, and parcels on the south side of Beau d' Rue Drive between Gold Trail and Rahn Road that are being considered as a possible location for a new senior housing development. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve concept refinements and area delineation for Greater Cedar Grove Area redevelopment. Aye: 5 Nay: 0 NEW BUSINESS AMENDMENT TO EAGAN CITY CODE 10.11 REGARDING ANIMAL REGULATIONS City Administrator Hedges introduced this item regarding the addition of horses and ferrets to the City Code prohibiting them from running at large and authorizing impoundment if necessary. Police Chief Therkelson discussed recent problems and the need for the code amendment. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the addition of horses and ferrets to the City Code prohibiting them from running at large and authorizing impoundment if necessary. Aye: 5 Nay: 0 SCHEDULE PUBLIC HEARING FOR MODIFICATION OF DEVELOPMENT PROGRAM FOR NE EAGAN DEVELOPMENT DISTRICT NO.2 AND TIF PLAN FOR TIF DISTRICT NO.3 City Administrator Hedges introduced this item stating that in 1996 the City Council created a Redevelopment Tax Increment Finance District located within Northeast Eagan Development District NO.2. Review by Ehlers and Associates has identified a number of items that need to be modified to be certain that the documentation and implementation of the TIF district meets the standards of the Office of the State Auditor. City Administrator Hedges stated that this issue had also been discussed at a City Council work session. Eagan City Council Meeting Minutes February 20,2001 Page 7 Councilmember Bakken moved, Councilmember Tilley seconded a motion to schedule a public hearing before the Eagan Economic Development Authority to make modifications to the development program for Northeast Eagan Development District NO.2 and to the Tax Increment Financing Plan for TIF District NO.3 on 01-13 April 17, 2001. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE CONSIDER POSITION REGARDING METROPOLITAN LAND USE ACT City Administrator Hedges discussed this item regarding House File 46 that removes any veto power by the Metropolitan Council regarding Comprehensive Guide Plan amendments. He stated the Metropolitan Land Use Act will be heard before a committee on Wednesday, February 21. Councilmember Bakken stated, in his opinion, House File 46 does not go far enough but the conditions it would bring about would be preferable to what exists now. He stated his position is that he would like to see more, but House File 46 would be an acceptable alternative to nothing. Councilmember Bakken moved, Councilmember Carlson seconded a motion that the City of Eagan supports House File 46 as a first step. Aye: 4 Nay: 0 (Councilmember Tilley was out ofthe room) ADJOURNMENT The meeting adjourned at 9:20 p.m. into an Executive Session to consider maintenance collective bargaining and pending or threatened litigation regarding the proposed Wenzel development and Douglas Haskin vs. the City of Eagan. MBM f<;{ - dO - dCJO / Date 1!l?ZtL if! idw/b- 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.