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04/17/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 17, 2001 A regular meeting ofthe Eagan City Council was held on Tuesday, April 17, 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, Council member Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITITIONS AND PRESENTATIONS Award Acknowledgement and Arbor Day Resolution, May 5, 2001 01- 29A City Administrator Hedges discussed the 2000 Tree City USA award and Growth Award from the National Arbor Day Foundation. Councilmember Carlson moved, Councilmember Tilley seconded a motion to acknowledge Eagan as the recipient of the 2000 Tree City USA Award and Growth Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 5,2001 as Arbor Day and May, 2001 as Arbor Month in the City of Eagan. Aye: 5 Nay: 0 CONSENT AGENDA Mayor Awada noted that an amendment to the April 3, 2001 minutes had been submitted prior to the meeting. A. Minutes. 1. It was recommended to approve the minutes of the April 3, 2001 Regular City Council meeting as amended; minutes of the February 26,2001, February 19, 2001, February 12, 2001, February 7,2001, January 22,2001 and January 8, 2001 Special City Council meetings as presented. B. Personnel Items: 1. It was recommended to approve the hiring of Dianne Cordell, Michelle Wick, Megan Bergen, Amber Paukner, Matthew Gilbert, Amy Jo Ellis, Matthew Spurr, Kelsey Crunstedt and Lisa Bordsen as part- time seasonal lifeguards for Cascade Bay. 2. It was recommended to approve the hiring of Melissa Slnith as a part-time seasonal guest services sub-team leader for Cascade Bay. 3. It was recommended to approve the hiring of Sara Leckey, Angela Losso, Nicholas Johnson, Luke Selby, Amy Osborne, Tom Wollan and Steven Sarles as part-time seasonal guest services workers for Cascade Bay. 4. It was recommended to approve the hiring of Neal Johnson, Maridyth Lewis, Teresa Sperl, Colin Foley, John Foley, Cassy Lenz and Lindsay Breviu as part-time seasonal concessions workers for Cascade Bay. 5. It was recommended to approve the hiring of Matt Oberhaus as a part -time seasonal operations and maintenance worker for Cascade Bay. 6. It was recommended to approve the hiring of Ryan Stanton, Megan McMahon, Julie Wavrunek, Joel Wavrunek, Erin Severson, Michael Mason, Meghan Doherty, Christopher Buntjer, Deborah Buntjer, Andrew Thill, Jasmine Abdullah, Erik Johnson, Jessica Sjoberg and Rachel Nygaard as part-time seasonal concessions workers. 7. It was recommended to approve the hiring of Christopher Pittelkow, Tom Irvin and Adam Fechner as seasonal ballfield attendants. 8. It was recommended to approve the hiring of Kay Ruth Martin as a seasonal park attendant. Eagan City Council Meeting Minutes April!7, 2001 Page 2 9. It was recommended to approve the reclassification of the Construction Supervisor position (Exempt Range K, Step 6) to Construction Manager (Exempt Range L, Step 5). 10. It was recommended to approve the hiring of Jake Loesch as a part-time seasonal park maintenance worker. 11. It was recommended to approve the hiring of Delbert Keene as a seasonal park laborer. 12. It was recommended to approve the hiring of Pierce Matte as a part-time seasonal ice skating instructor for the Civic Arena. 13 . It was recommended to approve the hiring of Lisa Dralle as a temporary clerical worker for Community Development. 14. It was recommended to approve the hiring of Hemy Cho and Timothy Snetting as Community Service Officers for the Police Department, contingent upon successful completion of a physical examination, including drug testing. C. New Licenses and License Renewals. It was recommended to approve new Commercial Fertilizer Licenses for Outdoor Environments, Inc. and Total Law Care Mtn.; Tree Contractor License renewals for Henning Rohde and Tall Timbers; a Tobacco License (new owner and name change) for First Tobacco Etc.; and a renewal for a Commercial Fertilizer License for Fertilawn and Minnesota Turf Care. D. Lawful Gambling Premises Permit. It was recommended to approve a Lawful Gambling Premises Permit 01- 3 0 for Burnsville Rotary Club. B. Temporarv Malt Liquor License. It was recommended to approve a Temporary Malt Liquor License for Eagan Lions Club for July 4,2001. F. Final Subdivision. It was recommended to approve a Final Subdivision for Crane Creek - Wensmann 01- 31 Realty. G. Findings of Fact. It was recommended to confirm Findings of Fact, Conclusions and Resolution of Denial 01- 3 2 of the request of Sowles Properties, Ltd. for a Conditional Use Permit for outside storage and a setback Variance on 3.9 acres of land located at 3131 Sibley Memorial Highway, legally described as Lot 1, Block 1, Sibley Terminal Industrial Park. H. Proiect 776R. It was recommended to receive the draft Feasibility Study for Project 776R (Yankee Doodle Road Extension - Street, Utility and Trail Improvements), and schedule a public hearing to be held on May 15, 2001. I. Contract 01-01. It was recommended to receive the bids for Contract 01-01, ( Canterbury Forest, Wedgewood, Letendre Additions - Street Resurfacing/Overlay), award the contract to Northwest Asphalt, Inc., for the base bid in the amount of$348,139, and authorize the Mayor and Deputy Clerk to execute all related documents. 1. Contract 01-04. It was recommended to approve the plans for Contract 01-04 (Central Parkway / Central Park Site - Street, Utilities and Grading Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.ill. on Thursday, June 28,2001. K. Eagan Healthy Community Initiative. It was recommended to approve funding of $1,000 to Eagan Healthy Community Initiative's New Resident Open House. L. Erosion and Sediment Control Policy. It was recommended adopt unanimous Advisory Parks Commission recommendation to implement the Erosion and Sedimentation Control Policy and authorize staff to prepare appropriate ordinance language to conform to the policy. M. National Day of Prayer. It was recommended to proclaim May 3,2001 as National Day of Prayer. N. Proiect 771. It was recommended to approve an Engineer, Construction, and Right of Way Agreement for Project 771 (Lexington Avenue, 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. Part 150 Program. It was recommended to adopt the resolution reaffirming the City's support of 01- 3 3 expansion of the MAC sound insulation program to the DNL 60-64 area. P. Cedar Pond Best Management Practices Proiect. It was recommended to accept a Minnesota DNR Aquatic Plant Management Program grant and officially designate the Cedar Pond Best Management Practices (BMP) Project as a Water Resources Demonstration Project. Eagan City Council Meeting Minutes April 17, 2001 Page 3 Councilmember Bakken moved, Council member Tilley seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Mayor Awada adjourned the City Council meeting at 6:44 p.m. to a meeting ofthe Eagan Economic Development Authority. Mayor Awada reconvened the regular City Council meeting of April 17, 2001 at 6:50 p.m. PUBLIC HEARINGS MODIFICATIONS TO NORTHEAST EAGAN DEVELOPMENT DISTRICT NO.2, TAX INCREMENT FINANCE DISTRICT NO.3 Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue the public hearing regarding modifications to Northeast Eagan Development District No.2, Tax Increment Finance District NO.3 to a future City Council meeting. Aye: 5 Nay: 0 VARIANCE-GARYANDTAMARABOS~C~ City Administrator Hedges introduced this item regarding a Variance request to exceed the 20 percent lot coverage allowed in a residential district on Lot 3, Block 1, Lexington Pointe 7th Addition located at 4366 Braddock Trail. 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 Bakken stated that the improvement proposed by the applicant is in keeping with the neighborhood. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the 20 percent lot coverage allowed in a residential district on Lot 3, Block 1, Lexington Point 7th Addition located at 4366 Braddock Trail in the NE V4 of Section 26. Aye: 5 Nay: 0 PROJECT 745 - CONTINUED FINAL ASSESSMENT HEARING - BLUE GENTIAN ROAD (STREETS AND UTILITIES) City Administrator Hedges introduced this item regarding the final assessment roll for Project 745 - Blue Gentian Road streets and utilities. He stated that Spectrum Development is requesting a continuation of the public hearing regarding Project 745 for 30 days to allow further review and analysis of the proposed final costs. Public Works Director Colbert gave a brief presentation on the project. Mayor Awada opened the public hearing. David Salene, representing Spectrum Development discussed the request for continuation of the hearing. The Council, City Attorney and staff discussed the proposed assessment and a previous agreement between the City and Spectrum Development. Greg Miller, Interstate Partners, requested that the Council deny the request to continue the public hearing. Mayor Awada stated that an agreement had been negotiated with all parties and she felt the request by Spectrum was not appropriate. Eagan City Council Meeting Minutes April 17, 2001 Page 4 Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 745 Final Assessment Hearing - Blue Gentian Road Streets and Utilities and direct staff to meet with Spectrum to thoroughly explain the assessment. Aye: 5 Nay:O PROJECT 746 - CONTINUED FINAL ASSESSMENT HEARING - BLUE WATER ROAD (STREETS AND UTILITIES) City Administrator Hedges introduced this item regarding the final assessment roll for Project 746- Streets and Utilities - Blue Water Road. Mayor Awada 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 the final assessment roll for Project 745 - Blue Gentian Road (streets and utilities) and Project 746 - Blue Water Road (streets and utilities) until the May 15, 2001 City Council meeting. Aye: 5 Nay: 0 PROJECT 754 - FINAL ASSESSMENT HEARING, HILLTOP ESTATES - STREET OVERLAY City Administrator Hedges introduced this item regarding the final assessment roll for Project 754 (Hilltop Estates - Street Overlay). Public Works Director Colbert gave a brief presentation. 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 the final assessment roll for Project 754 (Hilltop Estates - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 783 - FINAL ASSESSMENT HEARING, WILDERNESS PARK- STREET OVERLAY City Administrator Hedges introduced this item regarding the final assessment roll for Project 783 (Wilderness Park Addition - Street Overlay). Public Works Director Colbert gave a brief presentation. Mayor Awada opened the public hearing. There being no public comment, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 783 (Wilderness Park Addition - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 781, VIENNA WOODS / RAHN RIDGE ADDITIONS - STREET OVERLAY City Administrator Hedges introduced this item regarding the final assessment roll for Project 781 (Vienna Woods / Rahn Ridge Additions - Street Overlay). Public Works Director Colbert gave a brief presentation. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 781 (Vienna Woods / Rahn Ridge Additions - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 17, 2001 Page 5 OLD BUSINESS PRIMARY ELECTION ORDINANCE City Administrator Hedges discussed this item regarding consideration of a repeal of the Primary Election Ordinance. Several residents were present and expressed their opposition to repealing the primary election ordinance. After discussing the possibility of resident surveys, the cost of holding a primary election, and the number of voters who participate in a primary election, the Council agreed that Councilmembers Tilley and Carlson would work with staff to gather information for discussion at a future Council meeting. Mayor Awada moved, Councilmember Carlson seconded a motion to continue discussion of the Primary Election Ordinance until the second meeting in June, 2001 meeting.. Aye: 5 Nay: 0 SUPER STORM EVALUATION CRITERIA FOR MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding a policy that establishes criteria, evaluation standards and categories for reviewing the July 2000 storm drainage mitigation improvements based on the conclusions ofthe Bonestroo Engineering report. Public Works Director Colbert gave an overview of the criteria and evaluation standards established by staff. Discussion was held which included maintenance of the storm drainage system. Council member Bakken moved, Councilmember Tilley seconded a motion to direct staff to establish a policy establishing the criteria, evaluation standards and categories for reviewing the July 2000 storm drainage mitigation improvements based on the conclusions of the Bonestroo Engineering report and the Finance Committee to meet regarding alternative funding. Aye: 5 Nay: 0 MORATORIUM CONSIDERATION FOR SOUTHEAST EAGAN City Administrator Hedges introduced this item regarding the adoption of an Interim Ordinance establishing a moratorium on development for the 16 parcels of land located in the south half of Section 36 designated for further study. Area property owners were present and expressed their concern over the lack of discussion with effected property owners regarding the intent of the City. They further stated a moratorium would limit the value of property until the moratorium is lifted and requested that the moratorium not be approved. Mayor A wada explained that due to Red Pine Lane being installed on the west side of Highway 3, a study needs to be conducted regarding future commercial needs in the area. She further explained that the Council, Advisory Planning Commission, and staff will be meeting with the affected property owners to work towards a long term transition. The property owners were assured the study would be conducted as expeditiously as possible. Councilmember Bakken moved, Councilmember Fields seconded a motion to amend Eagan City Code Chapter Twelve by adopting Section 12.02 Entitled "Interim Use: Study Area in Section 36". Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION CSM PROPERTIES, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow the construction of a 54,000 square foot office/showroom/warehouse building upon a 5.0 acre site and a Eagan City Council Meeting Minutes April 17, 2001 Page 6 Preliminary Subdivision (Blue Ridge Fourth Addition) to allow the creation of a two lot subdivision, located south of Lone Oak Parkway and east of TH 149. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow the construction of a 54,000 square foot office/showroom/warehouse building upon a 5.0 acre site located south of Lone Oak Parkway and east ofTH 149 (Dodd Road in the southwest 1;4 of Section 1 subject to the following conditions: 1. The City approve the Blue Ridge Fourth Addition Final Subdivision. 2. The applicant and/or developer shall enter into a written Planned Development Amendment Agreement with the City. 3. The following exhibits are required for the Planned Development Amendment Agreement: · Final Site Plan · Final Landscape Plan · Final Building Elevations and Signage Plan · Lighting Plan 4. The outside storage of materials, other than trash handling/recycling containers, shall be prohibited. 5. Retail sales activities shall be prohibited. 6. All wall signage shall comply with City Sign Code requirements. 7. The approval of the PD Amendment shall not waive or in any way affect the City's right to retain any existing public easement which the Applicant may desire to have vacated in accordance with all applicable procedures. 8. Exterior building materials shall be consistent with surrounding structures. A vote was taken on the motion. Aye: 5 Nay: 0 Council member Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Blue Ridge Fourth Addition) to allow the creation of a two lot subdivision on property located south of Lone Oak Parkway and east of TH 149 (Dodd Road) in the southwest 114 of Section 1 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, Bl, B4, Cl, C2, C4, Dl, El 2. An outlot skimmer in accordance with City engineering standards, shall be constructed on the outlet pipe from the water quality pond to Pond CP-7. 3. The applicant shall dedicate ingress/egress easement to allow access for the proposed shared access between Lots 1 and 2. This easement shall be prepared for review and approval by the City Attorney prior to building permit approval. 4. The developer shall be responsible for the relocation of the trunk storm sewer pipe across Lot 2 in accordance with City standards. 5. The developer shall be responsible for the vacation of the existing drainage and utility easement over the trunk storm sewer pipe on Lot 2 to be relocated. The easement shall be vacated prior to final subdivision approval for the development. 6. This development shall meet the City's water quality requirements entirely through on-site ponding. 7. At the time of Lot 2 development, a stormwater pond shall be constructed with a minimum wet-pond volume of 1.00 acres-feet and a minimum area of 0.34 acres. the stormwater treatment pond shall be constructed according to NURP standards with a minimum depth of 6 feet, 10: 1 aquatic bench, and an outlet skimmer according to City design standards. 8. To minimize nearby impacts, the development shall be set back at least 30 feet from the edge ofthe delineated boundary of the wetland. During and after construction of the development, a minimum 30-foot wide buffer of natural undisturbed vegetation along the delineated boundary of the wetland shall be maintained. Eagan City Council Meeting Minutes April 17, 2001 Page 7 9. Erosion control practices shall be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down-gradient resources and water quality. A vote was taken on the motion. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges stated that testimony had been given at a hearing before the legislature regarding sales tax deferment for the Community Center. ADMINISTRATIVE AGENDA COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR, AND DEPARTMENT HEADS City Administrator Hedges requested consideration regarding special legislation that would allow the City to consider an option to sell North Park and use the proceeds for public purposes. Mayor Awada moved, Councilmember Bakken seconded a motion to direct staff to encourage our legislative delegation to pass legislation to allow the City to sell the North Park property and use the proceeds for a public purpose. Aye: 5 Nay: 0 STORM UPDATE Margaret Schriner of the Eagan Foundation provided an update regarding the status of the Unmet Needs Committee. CENTRAL PARK UPDATE / COMMUNITY CENTER PROJECT City Administrator Hedges provided an update on the architectural plans for the Community Center project. ADJOURNMENT The meeting adjourned at 9: 15 p.m. MBM //1'; ,f ('''( I" { Date ("7 I , ) ''''' / , ~ {v i 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.