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03/20/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 20, 2001 A regular meeting of the Eagan City Council was held on Tuesday, March 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 that a public hearing would be added regarding the vacation of public utility easements. The notice for the public hearing was published in the newspaper but had been inadvertently left off the agenda. Mayor A wada also announced that item G under the Consent Agenda regarding Findings of Fact for Denial regarding a rezoning for RHB, Inc. will be discussed under Old Business. City Administrator Hedges noted that Target Corporation had requested a continuance for the request for a Comprehensive Guide Plan Amendment and Rezoning. The Council all agreed that the item should be discussed due to the number of residents present regarding the issue. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Ayes: 5 Nay: 0 MINUTES OF THE MARCH 6, 2001 REGULAR COUNCIL MEETING Mayor Awada asked that the word "owns" be changed to "rents" in the first sentence ofthe first paragraph on page five. There being no further changes, the minutes were approved by unanimous consent. The following minutes were also approved by unanimous consent with no changes: . MINUTES OF THE FEBRUARY 27,2001 SPECIAL COUNCIL WORKSHOP . MINUTES OF THE FEBRUARY 22,2001 SPECIAL COUNCIL RETREAT . MINUTES OF THE FEBRUARY 20,2001 SPECIAL COUNCIL MEETING . MINUTES OF THE FEBRUARY 16, 2001 SPECIAL MEETING OF THE EAGAN CITY COUNCIL FACILITIES DESIGN TEAM . MINUTES OF THE FEBRUARY 6,2001 SPECIAL COUNCIL MEETING . MINUTES OF THE JANUARY 16, 2001 SPECIAL COUNCIL MEETING RECOGNITIONS AND PRESENTATIONS Maya Babu was recognized for her recent receipt ofthe Prudential Spirit of Community Award. Mayor Awada presented Ms. Babu with a certificate. VISITORS TO BE HEARD Elaine Eyre, 1373 Interlachen Drive expressed concern over the new "Listening Session" scheduled to begin April 3, 2001 not being broadcast. Mayor Awada explained the reasons for the change in the meeting procedures, stating many residents may be more comfortable discussing their concerns in a more private setting and it will be more respectful to the residents in the audience that may be waiting for a particular item on the regular City Council agenda. Eagan City Council Meeting Minutes March 20,2001 Page 2 Sandra Masin, Carnelian Lane, encouraged the Council to institute a Public Utilities Commission that would oversee the sanitary sewer system, the storm sewer system and the water system. She also provided information regarding the regulations and bylaws of the Rosemount Public Utilities Commission. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring Anna Camille Worley as the Recording Secretary for the Advisory Planning Commission. Item 2. It was recommended to approve the hiring of Tammy Lynn Sullivan as a part-time seasonal site coordinatorJrecreation leader. Item 3. It was recommended to approve the hiring of Nicholas Fobes as a part-time seasonal winter recreation leader. Item 4. It was recommended to approve the hiring of Aaron Mlynek as a seasonal water resources assistant. Item 5. It was recommended to approve the hiring of Jessica Ofstedahl as a part-time seasonal lifeguard for Cascade Bay. Item 6. It was recommended to approve the hiring of Matt Koppi, Steven Lay and Rachel Carlin as part- time seasonal concessions workers for Cascade Bay. Item 7. It was recommended to approve the hiring of JeffWillging as a part-time seasonal guest services worker for Cascade Bay. Item 8. It was recommended to accept the letter of resignation from Diane Downs, Utility Billing Clerk, who is retiring. Item 9. It was recommended to approve the appointment of Carol Tumini as Utility Billing Clerk. Item 10. It was recommended to approve the appointment of Dale Schoeppner as Acting Chief Building Official. Item 11. It was recommended to approve the hiring of Eric Huber, Danielle Saver and Andrew Helgerson as Police Officers. Item 12. It was recommended to approve the hiring of a person to be recommended for hire as a GIS Technician in the Public Works Division. Item 13. It was recommended to accept the letter of resignation from Mike Sheggeby, Ice Area/Pool Maintenance. Item 14. It was recommended to accept the letter of resignation from Susan Hitchens, Community Services Officer. Item 15. It was recommended to approve the 2001-2003 collective bargaining agreement with the Public WorkslParks Maintenance Collective Bargaining Unit. B. License Renewals. It was recommended to approve a Trash Hauler License Renewal for Coolidge Trucking. C. Caponi Art Park and Learning Center. It was recommended to adopt a resolution supporting the Caponi 01-1 5 Art Park and Learning Center. D. 2000 General Fund Budget Adiustments. It was recommended to approve the 2000 General Fund Budget Adjustments. E. Extension for Recording Final Subdivision - Zirnhelt Properties, LLC. It was recommended to approve an extension of the recording requirement for the Eagandale Office Park 5th Addition (located south of Corporate Drive east of Pilot Knob Road in the northwest 114 of Section 3) to July 6,2001. F. Extension for Recording Final Plat - United Properties. It was recommended to approve an extension of the recording requirement for the Silicon Graphics First Addition (located north of Lone Oak Drive and east of Lone Oak Parkway in the southwest 114 of Section 1) to May 15, 2001. G. (Discussed under old business) Confirmation of Findings of Fact - RHB. Inc. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of the request of RHB, Inc. to establish an R-3, Residential Townhome, zoning designation upon approximately 2.2 acres ofland located west of Wood gate Lane between Woodgate Court and Drake Drive, in the SE 114 of Section 29. H. Final Plat (Roval Oaks 4th Addition). It was recommended to approve a Final Plat (Royal Oaks 4th 01-16 Addition to allow the adjustment of a shared side lot line between Lot 24, Block 1, Royal Oaks and Lot 7, Eagan City Council Meeting Minutes March 20,2001 Page 3 Block 1, Verdant Hills located between Thornwood Court and Woodland Court in the northeast V4 of Section 14. I. Final Subdivision (Spencer Addition) - Stonewood Development Corporation. It was recommended to approve a Final Subdivision entitled the "Spencer Addition" located in the southeast 114 of Section 18. 01-1 7 1. Final Subdivision (Spectrum Business Park) - Spectrum Business Group. It was recommended to approve a Final Subdivision (Spectrum Business Park) to create three lots and one outlot on approximately 27 01-18 acres located between Hwy. 55 and Blue Water Road in the NW V4 of Section 2. K. Settlement and AUAR Escrow Agreements. It was recommended to approve the Settlement Agreement for Projects 745, 746 and 809 (Blue Gentian and Blue Water Road - Right of Way and Assessments) along with the AUAR Escrow Agreement, and authorize the Mayor and Deputy Clerk to execute all related documents. L. "Operation Educate Teens" Grant. It was recommended to approve a grant application between Minnesota Department of Public Safety and City of Egan for Operation Educate Teens grant. 01-1 9 M. Proiect 754, Hilltop Estates Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 754 (Hilltop Estates - Street Overlay) and schedule a public hearing to be held on April 17, 2001. N. Proiect 781. Vienna Woods/Rahn Ridge Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 781 (Vienna Woods/Rahn Ridge Additions - Street Overlay) and schedule a public hearing to be held on April 17, 2001. O. Proiect 783, Hilltop Estates Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 783 (Wilderness Park - Street Overlay) and schedule a public hearing to be held on April 17,2001. P. Contract 01-01. Canterburv Forest / Wedgewood / Letendre Additions - Street Improvements. It was recommended to approve the plans and specifications for Contract 01-01 (Canterbury Forest / Wedgewood / Letendre Additions - Street Improvements) and authorize the advertisement for bid opening to be held at 10:30 a.m. n Thursday, April 12, 2001. Q. Proiect 750R TH 55 & Blue Water Road Access Modifications & Street Improvements. It was recommended to cancel Project 750R (TH 55 / Blue Water Road - Access Modifications and Street Improvements) and the public hearing scheduled for April 3,2001. R. Lexington Avenue - No Parking. It was recommended to approve a resolution to prohibit parking on Lexington Avenue (County Road 43) between Cliff Road (County Road 32) and Trunk Highway 55 and 01- 2 0 authorize the Mayor and Deputy City Clerk to execute all related documents. S. Extension of Meter Reading Services Contract. It was recommended to approve a two-year extension of the current meter reading services contract with RMR Services, Inc. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 City Administrator Hedges commented on the upcoming retirement of Diane Downs commending Ms. Downs for her many years of excellent service to the City. PUBLIC HEARINGS VACATE PUBLIC UTILITY EASEMENTS (ROYAL OAKS & VERDANT HILLS ADDITION) City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements as described for Lot 24, Block 1, Royal Oaks Addition and Lot 7, Block 1, Verdant Hills Addition. Public Works Director Colbert 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. Eagan City Council Meeting Minutes March 20,2001 Page 4 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easements as described for Lot 24, Block 1, Royal Oaks Addition and Lot 7, Block I, Verdant Hills Addition and authorize the Mayor and Deputy Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS SCHEMATIC PLAN FOR COMMUNITY CENTER City Administrator Hedges introduced this item, stating that a full presentation had been given at the Council workshop preceding this meeting. He stated that the focus groups involved in the project had been in attendance. Mark Bodene, of Moody Nolan, Ltd. gave a visual presentation. Mayor A wada moved, Councilmember Tilley seconded a motion to approve the schematic plan for the Community Center. Aye: 5 Nay: 0 REZONING AND PRELIMINARY SUBDMSION (pERRON ACRES) MANLEY LAND COMPANY City Administrator Hedges introduced this item regarding reconsideration of the rezoning of approximately 10.7 acres from A (Agricultural) to R-l, (Single Family) and a preliminary subdivision located east of Dodd Road and south of Coventry Parkway. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a rezoning of approximately 10.7 acres from A (Agricultural) to R-I (Single Family) located east of Dodd Road and south of Coventry Parkway in the southeast V4 of Section 24. Kevin Manley, applicant, addressed issues raised by area residents including the existing house, concerns regarding increased traffic on Thames Avenue, trail access, larger lot sizes, and sideyard setbacks for garages. Mary Simpson, 3838 Thames Avenue, expressed concern over the possibility of increased traffic on Coventry Parkway. She presented a petition for a stop sign to be located at Coventry Parkway and Thames Avenue. The Council agreed with Ms. Simpson that a stop sign will be needed at that intersection. Jodi Severson thanked the Council, the developer and the landowner for working with the neighborhood. Councilmember Carlson stated she feels 10 foot setbacks on both sideyards are needed. She also ask that a condition be added that an extra parking space be added if the lot on the cul-de-sac is split into two lots. Councilmember Tilley stated she supports on one lot on the cul-de-sac. A vote was taken on the motion. Ayes: 5 Nay: 0 Mayor Awada moved, Councilmember Carlson seconded a motion to approve a preliminary subdivision (perron Acres) on property located east of Dodd Road and south of Coventry Parkway in the southeast V4 of Section 24 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Bl, 2, 3, 4, CI, 2, 3, Dl, EI 2. The property shall be platted. 3. The developer shall provide an outlet pipe, in accordance with City engineering standards, from the newly constructed pond to the existing pond along the east edge of Lots 1-4, Block 5 of the Coventry Pass 2nd Addition. Eagan City Council Meeting Minutes March 20,2001 Page 5 4. The existing water main stub north of Well and Court shall be connected with water main within the proposed cul-de-sac. 5. The developer shall dedicate 20 feet of slope easement along the western edge of Lots 8, 9, 10 and 12, Block 1 to accommodate the possible future reconstruction of Dodd Road. 6. This proposal shall be subject to a cash parks dedication. 7. This proposal shall be responsible for providing an eight-foot wide bituminous trail within a ftfteen-foot easement between Lots 9 and 10, Block 1 prior to building permit. 8. This proposal shall meet its tree mitigation with sixty-two (62) Category A trees or one-hundred twenty- four (124) Category B trees or two-hundred forty-eight (248) Category C trees, or an equivalent combination of the three categories. The applicant has submitted a tree mitigation plan that shows the installation of one-hundred ten (110) Category B trees to be planted on this development site. The balance of the required tree mitigation is to be fulfilled through off-site tree installation (Oak Bluffs development). 9. The proposed development plan indicates that fourteen (14) significant trees will be transplanted onsite to a holding area, then replanted, via tree spade, following construction. These fourteen trees were included on the inventory with thirty-five other trees proposed to be preserved. 10. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 11. The stormwater pond shall be constructed to treat 8.8 acres of the site. It should contain a minimum wet- pond volume of 0.5 acre-feet and should have a minimum area of 0.25 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10: 1 aquatic bench. An outlet structure acceptable to the City's Engineering Division should be installed in the treatment pond. 12. In lieu ofponding to treat stormwater from 1.9 acres of the site, a cash dedication shall be required. 13. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss. 14. A minimum separation of20 feet shall be provided between buildings. 15. Lots abutting WeIland Court shall provide an extra parking pad. A vote was taken on the motion. Aye: 4 Nay: 1 (Council member Tilley opposed) Mayor Awada moved, Councilmember Bakken seconded a motion to approve a variance to the lot width at the setback line for the two lots abutting Welland Court. Aye: 4 Nay: 1 (Councilmember Tilley opposed) Mayor Awada moved, Councilmember Tilley seconded a motion to approve the installation of a four way stop at the intersection of Coventry Parkway and Thames Avenue. Aye: 5 Nay: 0 REZONING AND PRELIMINARY SUBDMSION (THOMAS WOODS) MANLEY LAND COMPANY City Administrator Hedges introduced this item regarding a rezoning of 13.0 acres from A (Agricultural) to R-l (Single Family) located south of Cliff Road and west of Dodd Road and a preliminary subdivision entitled "Thomas Woods" located east of Dodd Road and north of Difiley Road. Senior Planner Ridley gave a staff report. Mayor A wada opened the floor for public comment. Wayne Schwanz, 4900 South Dodd Road, representing 48 residents in the area, asked that the Council continue consideration of this issue until after the April 3, 200 I public hearing regarding public improvements to South Dodd Road. Mayor Awada agreed it would be a good policy decision to handle the infrastructure issue prior to the rezoning and subdivision. Mr. Manley indicated he would be willing to continue the consideration of the issue until the April 3, 2001 City Council meeting. Eagan City Council Meeting Minutes March 20,2001 Page 6 Mayor Awada moved, Councilmember Tilley seconded a motion to continue consideration of a rezoning of 13.0 acres from A (Agricultural) to R-l (Single Family) located south of Cliff Road and west of Dodd Road and a preliminary subdivision entitled "Thomas Woods" located east of Dodd Road and north of Diffley Road to April 3, 2001. Aye: 5 Nay: 0 SUPER STORM 2ND OPINION STUDY City Administrator Hedges introduced this item regarding a 2nd Opinion Study report for the July 2000 Super Storm prepared by WSB and Associates, Inc. Public Works Director Colbert stated that on November 6, 2000 the City Council directed an independent study of the July 2000 Storm Analysis Report prepared by Bonestroo, Rosene, Anderlik & Associates. On January 16, 2001, the Council selected the firm ofWSB & Associates to perform the 2nd opinion study report. Director Colbert introduced Pete Willenbring of WSB who presented the results of the report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to receive the 2nd Opinion Study report for the July 2000 Super Storm prepared by WSB and Associates, Inc. Aye: 5 Nay: 0 FINDINGS OF FACT FOR DENIAL, REZONING - RHB, INC. City Administrator Hedges introduced this item regarding Findings of Fact, Conclusions and Resolution of Denial ofthe request ofRHB, Inc. to establish an R-3, Residential Townhome, zoning designation upon approximately 2.2 acres of land located west of Wood gate Lane between Woodgate Court and Drake Drive. City 01-21 Attorney Dougherty noted that the applicant had informed the City staff that an error had occurred in the processing of the application, in that the property, though designated as R-I, on the City zoning map, had been previously zoned R-4, Multiple Family Residential and that the owner had not been notified of any amendment to the zoning district and that the zoning map is erroneous. Mr. Dougherty went on to state that City staff had been unable to verify the action taken by the City in rezoning the property from R-4 to R-l and the map may be in error. The Council directed staff to commence a rezoning of the property to R-l, Single Family Residential for consistency with the Comprehensive Guide Land Use Plan. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the Findings of Fact for Denial of a rezoning for RHB, Inc. Aye: 5 Nay: 0 NEW BUSINESS WASTE REDUCTION COMMISSION, HAULER REPRESENTATIVES City Administrator Hedges discussed this item regarding the acceptance of letters of resignation from Mike Stone (BFI), Hauler Representative and Jim Weinzettle (Waste Management), Hauler Representative from the Waste Reduction and Recycling Commission. Mayor Awada moved, Councilmember Tilley seconded a motion to accept letters of resignation from Mike Stone (BFI), Hauler Representative and Jim Weinzettel (Waste Management), Hauler Representative from the Waste Reduction and Recycling Commission and appoint Doug Link to the Commission. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (ECOLAB ADDITION) City Administrator Hedges introduced this item regarding a preliminary subdivision entitled "Ecolab Addition" on property located south of Lone Oak Road and west of Lunar Lane. Senior Planner Ridley gave a staff report. Jim Wilson, representing Ecolab, stated he is opposed to condition number seven regarding documentation granting ingress/degress access over the existing access drive to Lot 2 for use by future development of Lot 2. Mayor Awada explained the need for the access and indicated that after the property is sold, the applicant Eagan City Council Meeting Minutes March 20,2001 Page 7 could request a vacation of the easement. Councilmember Bakken agreed, and stated he felt that flexibility should be preserved. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a preliminary subdivision entitled the "Ecolab Addition" on property located south of Lone Oak Road and west of Lunar Lane in the north Y2 of Section 11 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993. AI, B4, Dl, El 2. The property shall be platted. 3. Proposed Lot 2 shall be subject to a cash parks dedication and cash trails dedication at the time of building permit. 4. The storm water pond, in accordance with City engineering standards and Storm Water Management Plan, shall be constructed on Lot 2 by the developer at time of building permit. 5. The developer shall provide public drainage and utility easement over the required storm water pond (pond BP-14) at the time of building permit. 6. Restricted access shall be dedicated on the Final Plat along the entire length of the subdivision, except in the area of the existing Lot 1 access, along Lone Oak Road. 7. The Developer shall prepare and submit appropriate documentation granting ingress/egress access over the existing access drive to Lot 2 for use by future development of Lot 2. Such documentation shall be submitted to the City Attorney for review and approval at time of Final Subdivision. A vote was taken on the motion. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING TARGET CORPORATION City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment changing the Land Use Guide Plan designation of 24.7 acres ofland located north of Yankee Doodle Road and west of Pilot Knob Road from CA, Central Area to CSC, Community Shopping Center and the rezoning of 24.7 acres ofland located north of Yankee Doodle Road and west of Pilot Knob Road from A, Agriculture to CSC, Community Shopping Center. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to prepare Findings of Fact for Denial of a Comprehensive Guide Plan Amendment changing the Land Use Guide Plan designation of 24.7 acres of land located north of Yankee Doodle Road and west of Pilot Knob Road (in the southeast V4 of Section 9) from CA, Central Area to CSC, Community Shopping Center. Bill Zanoni, representing Target stated that the Comprehensive Guide Plan amendment is appropriate for the proposed Super Target and that they would be in compliance with the Comprehensive Guide Plan policies. Councilmember Carlson asked the applicant why they had initially requested a continuance of this item. Mr. Zanoni stated the continuance had been requested to allow time for a traffic study to be performed. Councilmember Carlson stated unless the applicant is going to request a different use for the land she sees no need to continue the issue, as the proposed Super Target is not an appropriate use for the property. Mayor Awada stated that retail is not an appropriate use for the property and that previously proposed projects have been denied as well. Reid Hansen, attorney representing the Perron Family, urged the Council to consider the proposal by Target Corporation, as it would be a benefit to the entire City. He further stated the property owners have received no offers for anything other than retail businesses. Mayor Awada stated she felt there will be proposals in the future that will better suit the property. Eagan City Council Meeting Minutes March 20,2001 Page 8 Richard Newfield, 3442 Highlander Drive, presented a petition from the Surrey Heights Homeowners Association opposing the proposal by Target Corporation. Gerry Messler, 1523 Aspen Drive, stated he agreed with the Council's motion for denial. Lou Stocko, Gramercy Corporation, read a letter on behalf of 69 homeowners in the area who are opposed to the proposal by Target Corporation. A vote was taken on the motion. Aye: 5 Nay: 0 QWEST EMERGENCY PREPAREDNESS NETWORK City Administrator Hedges introduced this item regarding the adoption of a resolution supporting the Qwest Emergency Preparedness Network. Councilmember Bakken discussed an offer to the City to participate in a pilot project funded in part by capital funds from Koch Refinery. 01 - 21 - A Mayor A wada moved, Councilmember Bakken seconded a motion to adopt a resolution supporting the Qwest Emergency Preparedness Network. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Mayor Awada moved, Councilmember Carlson seconded a motion to cancel the Special City Council Meeting scheduled for April 10, 2001. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:00 p.m. MBM \ /JJ1~ J- h , / ( Date ~ AC ,'!jC'~' / I j]lv~(0 , Deputy City C erk i'J' 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.