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09/19/2000 - City Council Regular 00259 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan,M~esota September 19, 2000 A regular meeting of the Eagan City Council was held on Tuesday, September 19, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Torn Hedges, Senior Planner Mike Ridley, Director of Public Works Torn Colbert, and City Attorney Mike Dougherty. AGENDA .............-....-..... Mayor Awada noted that the scheduling of a special City Council meeting for October 2,2000 for the purposes of meeting with community center/central park focus groups for a kick-off event would be placed under the Administrative Agenda. Councilmember Bakken moved, Mayor Awada seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MJN'(.JJ..lj$QJ.:mij.$~mMj3~~..$~gQ{)ijJ:{~G~~~G Councilmember Masin requested the following change in the sixth sentence in the first paragraph on page seven, "Councilmember Masin stated she was not in favor of rezoning the SE Eagan/Gun Club area but was open to the rezoning of the other three parcels depending upon specific development proposals." Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ~tJl~$Q~'PlI:$.~'.fI$MB]j~'i4"Z()QQ$f#.3~l0m~~ Councilmember Masin noted that Deputy Clerk Barb Hand was in attendance at the spedal meeting and said her name should be listed under those present. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Yl$~l:Q~S..'fP.J3IIij~~P Meg Tilley, representing the Eagan Foundation, stated that the Foundation has collected $113,000 to date for flood relief. She acknowledged several individuals for their efforts with regard to the establishment of the Interfaith Disaster Response of Dakota County organization. Margaret Schreiner provided additional information regarding the IDRD's function as it relates to helping Eagan residents with their unmet needs. She noted that an office has been established at Mary Mother of the Church and a caseworker has been hired full-time to work with residents regarding their unmet needs. Mike McCormiCk, representing the SBA, provided an update on the finandal impact to the community and also commented on the number of loans that have been processed to date. Julie Stackhouse commented on the efforts of a local Girl Scout Troop and the troop leaders who sold cotton candy at Lone Oak Days and raised $230 for flood relief. Mayor Awada mentioned that all Girl Scout troops also helped to raise funds for flood relief at the recent Family Fun Days held at the Civic Arena. Thomas Eykyn, 1953 Jade Lane, stated that he had sent a letter to the City regarding a claim for flood damages and has not received a response. Director of Public Works Colbert noted that the City is conducting a study of the entire storm sewer system. He added that he is aware that the claim was 002S0 EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000 PAGE 2 fonvarded to the League of ?vlinnesota Cities Insurance Trust for their review and response. City Administrator Hedges noted that he would contact }"'1r. Eykyn regarding his claim. Kristin Barge, a resident in the Cedar Grove area, commented on the flood damage to her home and requested the Council take action to include storm sewer repair and/ or the buyout of her home. She also requested the City update its Emergency Action Plan. RECOGNI"ttQNS&:PRE5WA.TIONS CONVENTION & VISITORS BUREAU 2000-2001 MARKETING PLAN AND BUDGET City Administrator Hedges provided an overview on this item. Ann Carlon, Executive Director of the Eagan Convention & Visitors Bureau, provided additional information on the marketing plan and budget. (Inadvertently, action was not taken on this item. The item will be placed on the October 3, 2000 City Council agenda.) GQ~~j'S.l}Xoj:X(tQPNQll,~GllXAPM~Nl$w.iiA..T'6R~lfj~~jrM~~:~P$ Councilmember Masin encouraged residents to seek out available flood assistance. She asked for an update on whether sealed bids were going to be sought for the City Attorney and the City's engineering consultants. City Administrator Hedges stated that an update would be provided next week. Councilmember Masin stated that typically the Council meets with the Telecommunications Commission and the Burnsville Cable Access staff. City Administrator Hedges stated the purposes for the previous meetings. He added that he would be willing to speak to the Burnsville City Manager to see if there is a desire to meet again. Councilmember Masin suggested that a meeting be scheduled to review the partnership. Councilmember Carlson asked if the City Council would be willing to consider discussing the election sign policy prior to the November 21, 2000 special City Council meeting in order to define some parameters before the meeting. She asked about the City's process for dealing with complaints regarding signs that are placed on fences. Mayor A wada stated that staff was directed to send a letter to all Council candidates informing them that political signs on fences needed to be removed. City Administrator Hedges added that a copy of the sign ordinance was also sent with the letter. He further added that non-conforming signs are typically removed with notification generally given to the candidate prior to their removal. He said that the City can not remove signs on fences located on private property. He further said that the property owner is notified that the sign is in violation of the Sign Ordinance. Councilmember Blomquist said that the public should provide input regarding election signs absent defined parameters. She stated that she thought Mayor Awada had a conflict of interest in selling political signs to at least three Council candidates. Mayor Awada responded that her company sells a variety of items and one division sells signs. She added that the main part of her business is phone verification services. She further added that the company also does telecommunications work, prepares corporate direct mail pieces and some political mailings. She also noted that her company sells several products. She said that every expert who has been consulted with regard to this matter has indicated that she does not have a conflict of interest. Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a spedal City Council meeting for the purposes of discussing the election sign policy prior to the November 21,2000 special City Council meeting. 00261 EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000 PAGE3 Councilmember Masin asked if the research and information that had been compiled previously could be provided to the Council for their review. City Administrator Hedges stated that the information is still useful and would be provided to the Council. Councilmember Masin said that she recalled that staff was supposed to make an adjustment to the sign policy based on Bumsville's model. City Administrator Hedges stated that this was discussed; however, no action was taken. Councilmember Blomquist said she was concerned that this was not an official agenda item. She said she expected to take the input from the citizens and build from there. Councilmember Bakken stated that he did not feel that there was necessarily a restriction problem but rather there is an enforcement problem. Councilmember Masin said that she did not think it would be appropriate to schedule this meeting since the Council's rules require it be added to an agenda prior to the meeting. Councilrnember Carlson stated that the item could be placed on the special City Council agenda for discussion next week. Mayor Awada added that the motion to direct the scheduling of a special City Council meeting is not the same as a motion directing a particular action. Councilmember Bakken said that technically it would be suffident to provide direction to staff by Council consensus. Councilmembers agreed to direct this item be placed on an upcoming special City Council agenda. .,.......-............................................ .......... .........-.......-.......................-........................ . . '-. ... .., ." . g~~P..~~.~P~'fE City Administrator Hedges mentioned that the architect and park planner have been retained. He added that a kick-off celebration is planned for October 2 at City Hall. He said that it is antidpated that a web site will be developed to provide the public with an opportunity to follow the progress and will also provide an opportunity for the public to provide their input. He stated that some of the focus groups were appointed at the spedal City Council meeting preceding the regular meeting. He noted that the special meeting would be reconvened following the regular meeting to complete the appointment process. aQNs~:N't;A.(;ENPA A. Personnel Items Item 1. It was recommended to approve the hiring of Thomas Murry as a seasonal park maintenance worker. Item 2. It was recommended to approve the hiring of Guy Dawson as a seasonal touch football offidal. Item 3. It was recommended to approve the hiring of Noel Voss as a seasonal recreation leader. Item 4. It was recommended to approve the hiring of Melissa Franson as a seasonal preschool instructor/recreation leader. B. 2000/2001 D.A.R.E. and Police Liaison Agreement between School District #196 and the City of Eagan. It was recommended to approve the 2000/2001 D.A.R.E. and police liaison agreement between School District #196 and the City of Eagan. C. Final Subdivision, Slumberland. It was recommended to approve a Final Subdivision to create two 00- 5 5 lots on 6.7 acres located on Northwood Parkway north of Byerly's and south of The Horne Depot in the SE 1f4 of Section 10. D. Findings of Fact, Conclusions & Resolution of Denial- Crane Creek Addition. This item was continued to the October 17,2000 City Council meeting. EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000 PAGE4 00262 E. Final Plat and Final Planned Development - Life Time Fitness Addition, FCA Real Estate Holdings, LLC. It was recommended to approve a Final Planned Development to allow a 159 stall parking lot 00 - 5 4 upon 2.4 acres of land located north of Cliff Road and west of Thomas Center Drive (comprising the northern one third of Outlot A, Safari at Eagan 2nd Addition) within the southwest 1,4 of Section 28 and a Final Plat (Life Time Fitness Addition) combining the northern one third of Outlot A, Safari at Eagan 2nd Addition with adjacent Lot 1, Block 1, Safari at Eagan 2nd Addition. F. Submission of the 2001 Funding Application to Dakota County for the Community Landfill Abatement Funds. It was recommended to approve the submission of the Cities of Bumsville/Eagan 2001 funding application for $83,560 from Dakota County to operate a recycling program for the Cities of Burnsville and Eagan. G. Project 784, approve Easement Acquisition Agreement (Louis Lane - Street & Utility Improvements). It was recommended to approve an Easement Acquisition Agreement for Parcel 10-03800-011-01 (660 Lone Oak Road) regarding said easements for Project 784R (Louis Lane - Street and Utility Improvements) and authorize the Mayor and Deputy City Oerk to execute all related documents. H. Purchase data network equipment for the Institutional Network (INET) along with Independent School District 191 and the City of Burnsville. It was recommended to approve the purchase of data network equipment for the Institutional Network (INET) along with Independent School District 191 and the City of Bumsville. 1. Project 99-L acknowledge completion/authorize City maintenance (Southern Lakes West - Street & Utilities). It was recommended to acknowledge the completion of Contract 99-J (Southern Lakes West- Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. J. HIring of Stahl Construction Company as the Construction Manager of the Central Park Community Center Complex. It was recommended to approve Stahl Construction Company as the Construction Manager of the Community Center/Central Park. K. Metropolitan 9-1-1 Board Non-Disclosure Agreement. It was recommended to approve the Metropolitan 9-1-1 Board Non-Disclosure Agreement and authorize the Mayor and Deputy Oerk to execute all related documents. L. Contract 00-01, approve Change Order #2 (Water Treatment Facilities - Masonry Restoration). It was recommended to approve Change Order #2 to Contract 00-01 (Water Treatment Facility - Masonry Restoration) and authorize the Mayor and Deputy City Clerk to execute all related documents. M. Telecommunications Antenna Lease Agreements - Metricom. It was recommended to approve the telecommunication lease agreements with Metricom for antenna installations on the Safari and Yankee Doodle Reservoirs and authorize the Mayor and City Clerk to execute all related documents. N. Extension for recording the Final Plat. Northwood Business Park 2nd Addition (Rock Cliff Development). It was recommended to approve a 30-day extension for the recording of the Final Plat for Northwood Business Park 2nd Addition. O. Receive petition/ order public hearing - right-of-way vacation (Robert O'Neill Homestead). It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on October 17,2000. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 00263 EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000 PAGE 5 OLpiJt1SIN'E5$... .......- . -.... ...-...... CLARIFICATION OF CONDITIONS OF APPROVAL FOR MEGA EXCAVATING CONDITIONAL USE PERMIT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mark Pieper, applicant, explained why the fence was not installed as required in the conditions of the CUP. He stated that there was no gate or entry to the adjacent lot. He added that the removal of the berm would be necessary if the fence were installed in the middle of the property. He said that the intent of the berms was to provide screening from Red Pine Lane. Mayor Awada asked what authority the City has to revoke a Conditional Use Permit. City Attorney Dougherty said that the City Council has the ability to revoke a CUP based on suffident findings. }...1r. Peiper said it was his understanding that he had one year to meet the conditions of the CUP approved in May of 2000. Senior Planner Ridley stated that the minutes reflect that the conditions of the most recent CUP needed to be met by the end of August. He added that there were also zoning violations related to items being stored that were not permitted with either of}...1r. Peiper's CUPs. Councilmember Carlson suggested that this item be continued for one month to allow staff time to compile all of the relevant information to be forwarded to the City Council and to }...1r. Peiper with regard to the status of the property and the outstanding zoning violations. Discussion occurred regarding the status of CUPs and that the Council has the right to revoke the CUP for noncompliance of the conditions. Councilmember Carlson stated that the purpose of the fence is to ensure that certain uses are restricted to particular parts of the property. Mayor Awada stated that it was expected that the asphalt surface be installed prior to October 17,2000. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to continue the request for clarification of the conditions of approval for a Conditional Use Permit allowing the outside storage of various construction, landscape and refuse (hauling) related equipment on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE % of Section 36 to the October 17, 2000 City Council meeting with the understanding that the asphalt surface be installed prior to that time. Aye: 5 Nay: 0 ~~P1$JN~$. REZONING & PRELIMINARY SUBDIVISION - MENDOT A HOMES, INC. (CLIFF WOODS OF EAGAN) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report noting that the City Forester recommended the addition of the following condition: To ensure the survival of many large oak trees intended to be preserved within this site, the applicant shall have a Tree Preservation Management Plan, prepared by a certified consulting forester or arborist with experience in tree preservation as it relates to construction activities. This tree management plan shall be submitted and approved by the City Forestry Department prior to commencing any grading or construction activity and prior to final plat approval. O,.r)'~4 \J ,(;, b EAGAN CITI' COUNCIL MEETING MINUTES; SEPTEMBER 19,2000 PAGE 6 John Mathern, applicant, was available for questions. Pam Larkin, 1747 Galaxie Court, said that her main concern with the development was the access off Galaxie Avenue. She requested that signage be installed stating that no passing is allowed on the shoulder. Mayor Awada suggested that a hidden driveway sign be installed. Councilmembers agreed to the installation of the sign. Mayor Awada moved, Councilrnember Bakken seconded a motion to approve a Rezoning from A, Agriculture, to R-l Single-family Residential, for approximately 1.25 acres located at the southeast comer of Galaxie Avenue and Cliff Road in the NE 1;4 of Section 32. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Cliff Woods of Eagan) to create 3 single-family lots on approximately 1.25 acres located at the southeast corner of Galaxie Avenue and Cliff Road in the NE 1/4 of Section 32, with a Variance La create two lots with access provided only by private easement, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, B2, B3, Cl, C2, Dl, El, and Hl 2. The property shall be platted. 3. Grading for the proposed house pads shall maintain slopes of a minimum of 2%. 4. A cash water quality dedication will be required in lieu of on-site ponding. In accordance with City policies, the amount of the cash dedication is based on the cost of the land and pond volume needed to reduce phosphorous export to undeveloped conditions. 5. The final plat shall dedicate an additional ten feet of right-of-way to the County for Cliff Road. Restricted access along the entire length of the development adjacent to Cliff Road shall be dedicated on the final plat. 6. Cross easements for use and maintenance of the private drive shall be executed prior to final subdivision approval and recorded with the final plat. 7. The applicant shall install 12 Category B trees (Sugar Maple and Greenspire Linden) throughout the site as shown on the planting plan dated 8/8/00, which shall be revised to show no trees planting within the public right-of-way. 8. To maximize survival chances of the large oak trees that the applicant is attempting to preserve on this site, tree protection fencing shall be installed at the greatest distance possible from the trees and also shall be inspected by the City Forestry Division before any grading or construction on the site begins. 9. A cash park and trail dedication will be required and is payable prior to recording of the final plat at the rate in effect at that time. 10. To ensure the survival of many large oak trees intended to be preserved within this site, the applicant shall have a Tree Preservation Management Plan, prepared by a certified consulting forester or arborist with experience in tree preservation as it relates to construction activities. This tree management plan shall be submitted and approved by the City Forestry Department prior to commencing any grading or construction activity and prior to final plat approval. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 19, 2000 PAGE? 00265 Aye: 5 Nay: 0 i'QMJN!$,jjmNWJMfj:~P~~ SCHEDULE SPECIAL CITY COUNCIL MEETING TO CANVASS BALLOTS FOR ELECTION RECOUNT . Mayor Awada moved, Councilmember Bakken seconded a motion to schedule a special City Council meeting for September 21, 2000 at 4:00 p.m. or for September 22 at 12:00 p.m., if necessary, in the Council Chambers for the purposes of re-canvassing the ballots from the September 12, 2000 Primary Election. Aye: 5 Nay: 0 SCHEDULE SPECIAL CITY COUNCIL MEETING TO MEET WITH COMMUNITY CENTEWCENTRALPARKFOCUSGROUPS Mayor Awada moved, Councilmember Bakken seconded a motion to schedule a special City Council meeting for October 2 at 6:30 p.m. to meet with the Community Center/Central Park focus groups for a kick-off event. Aye: 5 Nay: 0 PROJECT 768, NORTHWOOD P ARKWA Y (STREET AND UTILITY IMPROVEMENTS) Director of Public Works Colbert provided an overview on this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to schedule a public hearing for Project 768 (Northwood Parkway - Street and Utility Improvements) to be held on October 3,2000. Aye: 5 Nay: 0 iA"nJo~'NM1lNT" .. ... ... ;:" . "; ::'., :. .::. ~ ;: : . :: ';" ~ ..' : . ":' ::= ':: ................. .................................................................... The meeting adjourned at 8:30 p.m. to an Executive Session to discuss labor negotiations with the dispatcher unit. Present were Mayor Awada and Councilrnembers Masin, Carlson and Bakken, City Administrator Torn Hedges, and City Attorney Mike Dougherty. MLK SEPTEMBER 19, 2000 Date 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.