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08/21/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 21, 2001 A regular meeting of the Eagan City Council was held on Tuesday, August 21,2001 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 A wada announced that Item E of the Consent Agenda will be pulled for discussion per the request of the applicant; Item J of the Consent Agenda will be continued. Mayor Awada also stated that two items have been added to Administrative Agenda. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the August 7,2001 regular City Council meeting, the August 7,2001 Listening Session and the August 14, 2001 Special City Council meeting. B. Personnel Items. 1. It was recommended to accept the resignation of Lisa Larson, Clerical Tech III in Engineering. 2. It was recommended to accept the resignation of Eagan Police Officer, Nathan Taarud. 3. It was recommended to approve the hiring of Brian Connolly as a temporary intern for the Engineering Department. 4. It was recommended to approve the hiring of Kali Ruth Martin as a seasonal park attendant for the Maintenance Facility. 5. It was recommended to approve the hiring of Julie Mattson and Haley Margaret Leonard as part-time seasonal guest services workers at Cascade Bay. 6. It was recommended to approve the payment of one hour at straight time for each after hours emergency callout for maintenance supervisors and one hour at straight time for each emergency callout hour worked in excess of the first two hours, not to exceed total pay for five hours for any callout. C. Final Subdivision. It was recommended to approve a Final Subdivision (Pine tree Pass 7th Addition) to create 13 single family lots on approximately 5.28 acres located in the NE y.. of Section 33. D. Final Subdivision. It was recommended to approve the Final Subdivision (Pinetree Pass 8th Addition) to create 16 single family lots on approximately 7.13 acres located in the NE y.. of Section 33. F. Contract - Sabongi Consulting Group. It was recommended to approve a contract with Sabongi Consulting Group Inc. to prepare construction documents for remodeling the City owned house in Moonshine Park, and authorize staff to sign appropriate documents. G. Contract 99-14. It was recommended to approve the fmal payment for Contract 99-14 (TH 55 South Frontage Road / Louis Lane - Street and Utility Improvements) in the amount of $87,074.92 to Brown & Cris, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. H. Contract 01-08. It was recommended to authorize a new bid letting date for 11 :00 a.m. August 31, 2001 for Contract 01-08 (Well #20). I. Contract 01-15. It was recommended to authorize a new bid letting date for 10:30 a.m., Tuesday, August 28, 2001, for Contract 01-15 (July 2000 Storm Mitigation Improvements). 1. Contract 01-06. It was recommended to receive the bids for Contract 01-06 (Blue Gentian Road - Street and Utility Improvements) and one of the following options: Continued to September 4. 2001. K. Proiect 748. It was recommended to receive the Final Assessment Roll for Project 748 (Johnny Cake Ridge Road - Utility and Street Installation) and schedule a public hearing to be held on September 17, 2001. L. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements an schedule a public hearing to be held on September 17, 2001. M. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1- 01 to 6-30-02. N. City Hall Securitv Svstem. It was recommended to approve the purchase of a security system for City Hall to be financed from the City's General Facilities Renewal and Replacement Account. 01-52 01-53 Eagan City Council Meeting Minutes August 21, 2001 Page 2 O. Ordinance Amendment. It was recommended to approve an ordinance amendment - Section 6.39 (off-site massage therapy permits) and establish a permit application fee of$15.00. P. Revision to "Triangle Area" AUAR - City of Eagan. It was recommended to authorize a revision to the Alternative Urban Area-wide Review (AUAR) for the "Triangle Area" bounded by 1494, Hwy. 55 and Hwy. 149. Q. MVTA TEA-2l Grant. It was recommended to approve a Letter of Support for the MVTA TEA-21 Grant. R. Wetland Conservation Recommendations. It was recommended to approve 1) certification of exemptions from replacement of six (6) individual wetland projects associated with flood mitigation; and 2) replace excavation impact of wetland for Fish Lake alum-dosing operation by withdrawing wetland banking credits. S. New Tree Contractor License. It was recommended to approve a new Tree Contractor License for Collins Tree, 7377 1 54th Street West, Prior Lake, MN. T. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on September 17, 2001. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 E. Findings of Fact - Adams Outdoor. Findings of Fact, Conclusions and Resolution for Denial of a Conditional Use Permit for Adams Outdoor to erect a 756 square foot (378 square feet per sign face) off- premise sign upon Canadian Pacific Railway property located south ofTH 55 between 1-35 E and Lexington A venue in the northwest Y.. of Section 2. City Administrator Hedges discussed this item stating that Adams Sign had requested it be pulled from the Consent Agenda for discussion. John Bedger, Adams Sign, stated that they would like to amend their original application and requested that the item be tabled. He agreed to waive the 60 day provision to allow modification. Council agreed to table consideration of the Findings of Fact. Councilmember Carlson moved, Councilmember Tilley seconded a motion to table adoption of the Findings of Fact, Conclusions and Resolution for Denial of a Conditional Use Permit for Adams Outdoor to erect a 756 square foot off-premise sign upon Canadian pacific Railway property located south ofTH 55 between 1-35 E and Lexington A venue in the northwest Y.. of Section 2. Aye: 5 Nay: 0 PUBLIC HEARINGS YMCA 1 ST ADDITION (OUTLOT A) EASEMENT VACATION City Administrator Hedges introduced this item regarding an easement vacation of the existing drainage and utility easements on Outlot A, YMCA 1st Addition. He suggested that it would be more appropriate to include action on this item as part of consideration of the YMCA 2nd Addition plat that is scheduled for Council consideration later on this agenda. Public Works Director Colbert gave a staff report. Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing. CONSIDER ADOPTION OF THE REDEVELOPMENT PLAN FOR THE CEDAR GROVE REDEVELOPMENT AREA, AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO.1 WITHIN THE CEDAR GROVE REDEVELOPMENT AREA; AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR City Administrator Hedges introduced this item regarding the Redevelopment Plan for the Cedar Grove Redevelopment Area. He stated that the research material from SEH is not complete and action should not be taken at this time. Jim Prosser, Elhers and Associates, suggested that if Council wishes to defer the public hearing, it should be scheduled no earlier than four weeks. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue the public hearing to consider adoption of the redevelopment plan for the Cedar Grove Redevelopment area to the October 2, 2001 meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 21, 2001 Page 3 Council agreed to allow residents to present any questions they would like answered at the next public hearing. Four residents requested that the following information be provided at the next public hearing. Bea Blomquist: 1. What are the reasons for boundary changes since the task force last met and when was the decision made to make the changes? 2. Would like to see official action that was taken to change the title of the TIF District to "Cedar Grove". (a number should be assigned). 3. What is intent regarding removal of existing homes. Councilmember Carlson discussed the renaming of the nF District to "Cedar Grove". Betty Bassett: 1. Would a public hearing be held if Council decides to alter the plan or include additional special areas. Council confIrmed to Ms. Bassett that a public hearing would be held in the event of changes or additions. Margaret Schriener: 1. Requested that information be provided to area residents, as the Task Force is no longer involved and she continues to get phone calls requesting information. Steve Wallick: 1. Why does the nF Plan include wetlands? 2. What are qualifIcations for houses to be included for nF funding? 3. Suggested that a brief history of the area be provided. 4. Why are some intersection parcels being left out? OLD BUSINESS CONTRACT 01-14, JULY 2000 STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding Contract 01-14, (July 2000 Storm Mitigation Improvements for Miscellaneous areas #1, 4, 5 and 10. Public Works Director Colbert gave a staffreport, explaining that all necessary easements have not be obtained. He recommended that consideration of this item be continued. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue the award of Contract 01-14 (July 2000 Storm Mitigation Improvements - Misc. Areas #1, 4, 5 & 10) until the September 4, 2001 City Council meeting. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER FOUR - CONSTRUCTION LICENSING, PERMITS AND REGULATION City Administrator Hedges introduced this item regarding an ordinance amendment that would restrict signs on all City owned property including right-of-way, parks and public facilities. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter Four - Construction Licensing, Permits and Regulation. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 21, 2001 Page 4 NEW BUSINESS PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (SUMMIT HILL)- DELTA DEVELOPMENT, INC. City Administrator Hedges introduced this item regarding a Preliminary Planned Development and Preliminary Subdivision to create 31 lots for the construction of 30 detached townhomes on 6.65 acres located south of Diffley Road and east of Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report. Mark Parranto, Delta Development, made a presentation regarding the proposed townhome development. There was considerable discussion and questions by the Council regarding the viability of the reduced private street widths to accommodate additional guest and/or resident parking and the mechanism to enforce no parking in front of the garages or in the private driveways. The developer responded that the parking rules would be incorporated into the covenants and the homeowner's association would be responsible for their enforcement through towing as necessary. He preferred not to install signs to maintain the aesthetics of this new concept and would look at the possibility of adding another on-street parking bay. In response to a question from the audience, the developer stated that, if there was insufficient room for snow storage within the private driveways then, the association would truck it out. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development and Preliminary Subdivision (Summit Hill) to create 31 lots for the construction of 30 detached townhomes on 6.65 acres located south of Diffley Road and east of Johnny Cake Ridge Road, in the NW Y-t of Section 28 subject to the following conditions. Aye: 5 Nay: 0 1. The property shall receive fmal subdivision/plat approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan, Final Building Elevations Plan, Final Landscape Plan, Final Site Lighting Plan. 3. The term of this Planned Development shall be five years. 4. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to fma1 subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 5. Building setbacks on the perimeter of the site shall not be less than 50 feet from Johnny Cake Ridge Road and 30 feet from adjacent properties. Setbacks within the development shall not be less than shown on the approved site plan. 6. The final development plans shall include architectural plans prepared by a registered architect. The elevation plans shall show the proposed building designs, elevations of all sides of the buildings, dimensions, and exterior materials and colors. 7. Maintenance of the landscaping shall be the responsibility of the development's townhome association. 8. Site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be hooded and directed to deflect light away from adjacent properties. PRELIMINARY AND FINAL SUBDIVISION - YMCA City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision to provide for property acquisition to allow for an expansion of the YMCA daycare operation located at 550 Opperman Drive. Senior Planner Ridley gave a staff report. 01-54 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary and Final Subdivision (YMCA 2nd Addition) to provide for property acquisition to allow for expansion of the YNCA daycare operation located at 550 Opperman Drive in the NE Y-t of Section 13, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 21, 2001 Page 5 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Bl, El, and HI. 2. The property shall be platted. 3. The approval of the proposed subdivision shall not waive or any way affect the City's right to retain any existing public easement that the applicant may desire to have vacated in accordance with applicable procedures. Councilmember Carlson moved, Councilmember Bakken seconded a motion to vacate public drainage and utility easements (Lot A, YMCA 1st Addition). Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA CITY PROJECT 802, PILOT KNOB ROAD / DUCKWOOD DRIVE City Administrator Hedges introduced this item regarding intersection improvements at Pilot Knob Road / Duckwood Drive. Public Works Director Colbert gave a staff report, explaining that the approved funding for this project under the regional Hazard Elimination & Safety (HES) program funding for the Duckwood Drive overpass portion of the Ring Road had a September 30 deadline for the acquisition of all easements and rights of ways. He stated that due the resistance of most of the property owners, it appeared very unlikely that the City would be able to meet this deadline. If the project were to be cancelled, the MnDOT could reallocate these funds to some other project and the City would then be able to reapply for the 2005 program year. Councilmember Bakken moved, Councilmember Carlson seconded a motion to cancel Project 802, Pilot Knob Road / Duckwood Drive (Intersection Improvements), decline the use ofFY 2001 HES federal program funding and authorize the submittal of a new application for FY 2005 HES Funding. Aye: 5 Nay: 0 REVSISION TO CENTRAL PARK PLAN City Administrator Hedges introduced this item regarding a proposal by Duke Weeks regarding a four acre outlot of which a portion will be used for storm water ponding and wetland replacement. Parks and Recreation Director Vraa gave a staff report. Mayor A wada moved, Councilmember Bakken seconded a motion to approve the proposed revision to the Central Park Plan. Aye: 5 Nay: 0 AMEND 5 YEAR CAPITAL IMPROVEMENT PLAN (HWY. 149 UPGRADE) City Administrator Hedges introduced this item regarding the upgrading of Highway 149 from a 2-lane to a 4-lane highway. Public Works Director Colbert gave a staff report explaining that the current CIP provides for a two lane divided highway. Traffic projections indicate the need for a 4-lane divided highway with signals at the Wescott Road intersection similar to the Hwy 13 improvement. This upgrade would probably score better in the competition for regional and federal funding. MnDOT had already committed $500,000 towards the local share of $1,000,000 obligation. Therefore, it is necessary to amend the official CIP to reflect this increased scope of improvement. Councilmember Bakken moved, Councilmember Tilley seconded a motion to amend the 5 Year Capital Improvement Plan to program the upgrading of Highway 149. Aye: 5 Nay: 0 VISITORS TO BE HEARD Neil Black made a comment regarding the ordinance amendment regulating election signage. He stated he felt the Council would be setting a bad precedent by approving the amendment. Eagan City Council Meeting Minutes August 21, 2001 Page 6 Doris Dahline stated that the brochure regarding meeting procedures should be updated. She also presented a recap of her concerns and past correspondences that she has brought before the Council since April, 2000. Robert Salik, presented a proposed street plan for the Blue Cross Blue Shield expansion. ADJOURNMENT The meeting adjourned at 8:40 p.m. into an Executive Session to consider the EHW lawsuit. a I/Jud ,oJ 0()Li[) ! te YJl (,1' c-u 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.