Loading...
11/21/2000 - City Council Regular 00326 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 21, 2000 A regular meeting of the Eagan City Council was held on Tuesday, November 21,2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor A wada and Council members Masin, Blomquist and Carlson. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. AGENDA City Administrator Hedges stated that a request from residents to continue item B under Old. Business regarding a preliminary subdivision for Tri-Iand Surveying Company had been made. Mayor A wada noted that the applicant was not present. City Administrator Hedges stated that the Executive Session would be postponed until the December 4th meeting. Mayor A wada moved, Councilmember Masin seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 MINUTES OF THE OCTOBER 17, 2000 REGULAR MEETING Council member Masin suggested amending page 4, paragraph 6 to read: Councilmember Masin noted that a member of the Metropolitan Council had stated that the Council has no intention of taking away local authority. Mayor A wada moved, Councilmember Carlson seconded a motion to approve the minutes of the October 17, 2000 Regular Council meeting as amended. Aye: 4 Nay: 0 MINUTES OF THE NOVEl\ffiER 6, 2000 REGULAR MEETING Councilmember Masin pointed out that on page 5 paragraphs 9 and 13, the correct spelling for Elaine Aire, Interlachen Drive is Elaine Eyre; and on page 6, paragraph 10, the correct spelling for Neil Hoadly, 1750 Meadowlark Road, is Neil Hordley; and on page 7, paragraph 11, the motion regarding the Orchard Heights 2nd Addition development proposal in lnver Grove Heights be worded as follows: Councilmember Masin moved, Councilmember Blomquist seconded a motion to deny the Orchard Heights 2nd Addition development proposal in Inver Grove Heights. Aye: 4 Nay: 1 Mayor Awada opposed. Councilmember Masin suggested holding a joint meeting between Eagan and Inver Grove Heights Councils. Eagan City Council Meeting Minutes November 21,2000 Page 2 00327 Councilmember Carlson moved, Mayor A wada seconded a motion to approve the November 6, 2000 Regular Council meeting minutes as amended. Aye: 4 Nay: 0 VISITORS TO BE HEARD Margaret Schreiner provided an update on the Eagan Foundation Unmet Needs Committee. RECOGNITIONS AND PRESENT A TIONS City Administrator Hedges announced that Recording Secretary Mira McGarvey had been sele.cted for the position of Executive Secretary / Deputy City Clerk and would begin on December 11, 2000. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS Councilmember Carlson stated she had received calls regarding changes in the Betty Allen plat in Inver Grove Heights. City Attorney Dougherty stated that in accordance with the agreement between Eagan and Inver Grove Heights, Eagan can request a review of the plat. The Council directed City Administrator Hedges to write a letter asking for the plat to be brought back to Eagan for review if changes have been made. STORM UPDATE City Administrator Hedges stated that the debris pickup is continuing, averaging 20 calls per week. The Council agreed to continue the pickup service until it is no longer needed. Assistant City Administrator Verbrugge explained that the City is being billed for the debris pickup service and if any resident is billed, they should submit the bill to the City for payment. Mayor A wada moved, Councilmember Masin seconded a motion to continue the stonn debris pickup indefinitely. Aye: 4 Nay: 0 City Administrator Hedges discussed the recent meeting held to review the engineering analysis of the July stonn. He stated there will be 10 neighborhood meetings held on Monday nights which began on November 20 at Christ Lutheran Church. Public Works Colbert addressed the status of hiring an engineering firm to provide a second opinion on the engineering analysis. He stated that a scope of services to be sent out to prospective finns is being prepared. Councilmember Masin moved, Councilmember Blomquist seconded a motion for staff to prepare monthly reports for each department of calls received regarding problems and how each situation was dealt with. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes November 21,2000 Page 3 00328 COMMUNITY CENTER / CENTRAL PARK UPDATE City Administrator Hedges stated that focus groups for the Community Center have been meeting individually and all met together last week. He stated they are very excited about the number of volunteers and the efforts made by the community. He also stated that a draft should be completed next month for the landscaping and Central Parkway alignment. He discussed the possibility of the City Council meeting with the focus groups for input. Mayor A wada moved, Councilmember Masin seconded a motion to set a meeting date for December 4, 2000 at 5:00 p.m. to meet with the Community Center focus groups. Aye: 4 Nay: 0 -. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Don Hadd as a temporary building inspector. Item 2. It was recommended to approve the hiring of Robert Rollins as a police officer contingent upon successful completion of the required psychological, physical, physical agility and drug testing. Item 3. It was recommended to accept the letter of resignation from Amanda Boudreau, part- time clerical Technician ill in the Community Development Department. B. 2001 License Renewals for tobacco. trash haulers, stable, tree contractors and fertilizer. It was recommended to approve the license renewals for the year 2001 for tobacco, trash haulers, stable, tree contractor and commercial fertilizer. C. Confirmation of Findings of Fact. Conclusions and Resolution of Denial - Woodhaven Villas. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of the Preliminary Planned Development and Preliminary Subdivision request of Manley Brothers construction to allow 6 single family residential lots upon approximately 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast 1,4 of Section 25. D. Renewals of existing liquor licenses for 2001. It was recommended to approve the renewals of existing liquor licenses for 2001, subject to review of applications, payment of fees and Police Department reviews. E. Sale of surplus City property. Parcel 10-03600-022-08. It was recommended to approve a purchase agreement for the sale of parcel 10-03600-022-08 and authorize the Mayor and Deputy City Clerk to execute all related documents. Eagan City Council Meeting Minutes November 21,2000 Page 4 00329 F. Assignment of Acquisition agreement - Wispark Corporation. It was recommended to consent to the Assignment of the Acquisition Agreement from Wispark to Grand Oak Master, LLC. PUBLIC HEARINGS BUSINESS SUBSIDY GUIDELINES City Administrator Hedges introduced this item regarding the recent changes to the Business Subsidy Act and possible conforming modifications to the existing City of Eagan Business Subsidy Policy. , Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Council member Carlson moved, Mayor Awada seconded a motion to approve the revisions to the Business Subsidy Policy passed on January 4,2000. Aye: 4 Nay: 0 VARIANCE (OFF -STREET PARKING SUPPLY) - CHEROKEE SIRLOIN ROOM City Administrator Hedges introduced this item regarding the request for a 48 stall variance from the off-street parking supply requirement for a restaurant located at 4625 Nicols Road in the NW 1,4 of Section 31. Senior Planner Ridley provided a staff report. Councilmember Carlson asked what had happened to the volleyball courts that had been located on the site. Senior Planner Ridley stated that the courts had been removed, as they had been installed without City approval. Rick Casper, applicant, apologized for the lack of a building permit for the recently constructed two-story seasonal patio. He stated he had assumed the builder of the patio had applied for the permit. He went on to explain that Casper's has an agreement with the neighboring Hardee's regarding parking. He stated there is a cross easement on the property. Council member Blomquist asked if the cross easement document is recorded with the City. Mr. Casper stated there is no recorded document. Councilmember Carlson stated she would like to allow time for the applicant to provide documents regarding easements on the Hardee's site and also the adjacent office building parking lot. Councilmember Blomquist asked about on-street parking and if there a record of problems. Staff indicated there had been no indication of on-street parking problems. 00'11""'0 -.Ju Eagan City Council Meeting Minutes November 21,2000 Page 5 Councilmember Blomquist moved, Councilmember Carlson seconded a motion to continue the public hearing regarding a variance request for Casper's Cherokee Sirloin Room until or before the first Council meeting in April 2001. Aye: 3 Nay: 1 Councilmember Masin opposed, stating she felt the matter could be approved as presented. PROJECT 779, DODD ROAD (DIFFLEY TO WESTCOTT) - STREETS, UTILITIES AND TRAILS City Administrator Hedges introduced this item regarding Project 779, Dodd Road (Diffley to Wescott - Streets, Utilities and Trails). Mark Hanson, Bonestroo, Rosene, Anderlik and Associates, gave a presentation on the improvement project. Mayor Awada opened the public hearing. Councilmember Carlson distributed and discussed a list of revised options for the Dodd Road project. Don Kline, 4070 Dodd Road, stated the decision comes down to whether the Council is considering an urban or rural standard road. He recommended that the road be kept rural from a historical perspective. He also expressed concern over future drainage problems and expressed his concern that City staff had even pursued the urban study for the area. Mayor A wada stated that the City Council had directed staff to conduct a study for an urban upgrade and that any anger should be directed at the City Council not City staff. Darius Wilson, 4175 Dodd Road, expressed concern over potential drainage problems. Mike Monison, 725 Bradford Circle, stated he does not want to see a division of the community over the issue. He expressed concern regarding drainage pond JP-22 and safety Issues. Liz Bordsen, 743 Bradford Place, also expressed concern over drainage pond JP-22. Mr. Hanson explained the plan for the drainage pond. Glenn Bordsen, 743 Bradford Place, stated he feels an agreement can be reached so the beauty of Dodd Road can be preserved. Mary Swenson, 3838 Thames A venue, expressed concern over the impact on drainage pond JP 23. She stated that the pond is owned by the property owners adjacent to the pond. Sharon Dwyer stated she feels there are sufficient options to choose from and expressed concern over the speed limit on Dodd Road. She stated she would like to see the speed limit reduced. Public Works Director Colbert stated that the Department of Transportation sets the speed limits. Eagan City Council Meeting Minutes November 21,2000 Page 6 00331 Sannee Kline, 4070 Dodd Road, stated she is very proud to be a part of the group opposing the upgrading of Dodd Road. She referenced a mission statement that is displayed in the Engineering Department, reminding staff of their commitment to the community. Dave Anderson stated he does not believe there is an urban upgrade demand for the road and the money could be better spent helping flood victims. He also expressed concern over environmental issues. Councilmember Blomquist stated she feels the report was overdone. She further stated she feels that safety is an issue and that the historic road should be maintained. She stated she did not see an indication in the report of the number of trees that would be taken out as a result of the project. Mayor Awada asked the audience to indicate what options listed in the report (as well as the list from Councilmember Carlson) they support. Alane Roundtree, 640 Brockton Curve discussed the history of Dodd Road and the importance of maintaining the integrity of the historical road. Sally Bermaster, 721 Bradford Circle, stated she felt a trail must be installed in the area. Ross Johnson, 605 Thames Circle, stated he prefers Option E. He further stated he feels that a trail in the area is very important. Patrick Luder, 4162 Jacob Court, stated he is in favor of Option E. He further stated he feels historical preservation is important. Paul Martin, 700 Granite Drive, stated he felt there had been a lack of information provided. He expressed concern over the amount of money spent on the study of the area. He stated he feels the road should be left as is. Jack Conrad, Dodd Road, stated he prefers modified Option B or Option E. Duane Norton, 4082 Foxmore Court, stated he prefers Option B. He further stated there is not a mandate to do anything. Bob Kiner, Bradford Circle, stated he wanted to see a trail installed in the area. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson stated she feels that Options Band E would work but a trail system needs to be addressed. Council member Blomquist stated she wants to see the historic trees saved. 00332 Eagan City Council Meeting Minutes November 21,2000 Page 7 Councilmember Masin stated that information on this project has been confusing from the start and she would not have voted in favor of the study had she known a study had been done in 1999. Council member Masin moved, Councilmember Blomquist seconded a motion to leave Dodd Road in its current time frame and build only a trail that will meet the needs of the residents, and that a different engineering firm be used. Aye: 3 Nay: 1 Mayor A wada opposed the motion stating she was in favor of having a shoulder on the road. Councilmember Carlson stated she also wants to see if the proposed option will impact the trees. PROJECT 750R, TH 55/ BLUE WATER ROAD City Administrator Hedges introduced this item regarding access modifications and street improvements for Blue Water Road. Matthew Hansen, SRF, reviewed the revised project. Mayor Awada opened the public hearing. Gary Santo01jian, representing property owned by Dart Transit, identified in the Feasibility Study as properties A, D and E, stated he is opposed to the project because the property he manages will not benefit from the proposed changes. He further stated he is opposed to the amount of assessments that would be placed on the property. He went on to state that a formal appraisal which had previously been ordered by Council, regarding the benefits to the properties had not be completed. He recommended that the matter be continued until the appraisal is completed. Mayor A wada agreed that an appraisal should be done before approval for the project is gIVen. Council member Blomquist moved, Councilmember Masin seconded a motion to continue the public hearing regarding Project 750R indefinitely. Aye: 4 Nay: 0 SIGN POLICY DISCUSSION City Administrator Hedges introduced and provided background on this item regarding the sign policy including election signs. Mayor A wada opened the public hearing. Cyndee Fields, Weston Hills Drive, recommended limiting election signs and possibly designating areas where signs can be displayed. 00333 Eagan City Council Meeting Minutes November 21,2000 Page 8 Councilmember Carlson noted that this discussion does not impact private property. Bob Odegard stated he had placed election signs on his fence and received a letter stating he was not in compliance with the sign ordinance. He suggested that the sign ordinance be revised to omit the restriction of election signs being posted on private fences. Mike Densen stated he supports limits on signage in public places and there should also be a maximum square footage regulation. There being no further public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Council member Carlson stated she feels there needs to be more control on election signs due to safety, cost and environmental issues. Senior Planner Ridley stated that staff responds to sign issues on a complaint basis and 120 calls had been received during the recent election. He expressed concern over the amount of time City staff had to spend on this issue. He further stated that Eagan is the only City in the area that allows election signs to be placed in public right-of-ways. City Administrator Hedges stated it is difficult to monitor all the property in the City and be consistent. He explained the survey conducted with other area cities. Councilmember Blomquist stated she felt the installation of election signs should go back to the old fashioned way which required permission from residents to place signs on their property. She further stated signs should not be allowed in the public parks and right-of-ways. She went on to state that only one sign per candidate per lot should be allowed. Councilmember Masin discussed the possibility of designating certain areas where signs could be placed. Councilmember Masin moved, Councilmember Carlson seconded a motion to direct the City Attorney to prepare a City Code amendment restricting the placement of election signs on public property except for designated areas and limiting the number of signage to one per candidate per location. Aye: 4 Nay: 0 OLD BUSINESS UPDA TE ON INTERIM USE PERMIT FOR SMC COMPOST SERVICES City Administrator Hedges introduced this item regarding information of SMC's intention to relocate a portion of its compost facility which is located north of Yankee Doodle Road. Senior Planner Ridley gave a staff report. 00334 Eagan City Council Meeting Minutes November 21,2000 Page 9 Councilmembers briefly discussed the issue and agreed with staff recommendations. REVIEW PROPOSED 2001 GENERAL FUND AND ENTERPRISE FUND BUDGET REVISIONS City Administrator Hedges reviewed the 2001 General Fund budget revision and the 2001 budgets for the Public Utilities and Aquatic Facilities Enterprise Funds. He thanked Tom Pepper for his assistance during the past months. NEW BUSINESS ORDINANCE Al\1ENDl\1ENT TO CHAPTER 11, SECTION 11.20, SUBD. 4 ENTITLED "LAND USE REGULATIONS (ZONING)" ADDRESSING HOME OCCUPATION REGULATIONS. City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. Councilmember Masin asked about signage regulations. Mr. Ridley stated that violations are handled on a complaint basis. Councilmember Masin stated she felt signage should be limited to mailboxes. City Attorney Dougherty stated that signage cannot be placed on mailboxes located in the public right-of-way if the previously discussed election signage regulation stands. Mayor A wada moved, Councilmember Carlson seconded a motion to approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code addressing home occupation requirements and direct the City Attorney to prepare an amendment suitable for publication. Aye: 4 Nay: 0 CITY CODE Al\1ENDMENT (GREEN AREA REQillREl\1ENTS) City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. Councilmember Blomquist expressed concern that the amendment does not include City owned buildings. Senior Planner Ridley stated that the omission of property zoned Public Facility was an oversight. Mayor A wada moved, Councilmember Blomquist seconded a motion to approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code establishing minimum green area requirements in commercial and industrial zoning districts and direct the City Attorney to prepare an amendment suitable for publication. Aye: 4 Nay: 0 00335 Eagan City Council Meeting Minutes November 21,2000 Page 10 Councilmember Blomquist moved, Councilmember Carlson seconded a motion to direct the City Attorney to set a public hearing and prepare language to include public buildings in the areas establishing minimum green area requirements in commercial and industrial zoning districts. Aye: 4 Nay: 0 ORDINANCE AMENDMENT TO CHAPTER 11, SECTION 11.10, SOOD. 13 ENTITLED "LAND USE REGULATIONS (ZONING)" AMENDING OFF-STREET PARKING SUPPLY REQUIREMENTS FOR RETAIL COMMERCIAL USES City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. A brief discussion was held. Councilmember Carlson moved, Mayor A wada seconded a motion to approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code amending off-street parking supply requirements for retail commercial uses and direct the City Attorney to prepare an amendment suitable for publication. Aye: 4 Nay: 0 ORDINANCE AMENDMENT TO CHAPTER 11, SECTION 11.10, SOOD. 13 ENTITLED "LAND USE REGULATIONS (ZONING)" TO ESTABLISH MINIMUM DIMENSIONAL REQUIREMENTS FOR OFF-STREET PARKING STALLS City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. A brief discussion was held. Mayor A wada moved, Councilmember Carlson seconded a motion to approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code amending off-street parking supply requirements for retail commercial uses and direct the City Attorney to prepare an amendment suitable for publication. Aye: 4 Nay: 0 ADMINISTRA TIVE AGENDA City Administrator Hedges discussed the upcoming millennium celebration and asked for approval for a neighborhood lighting contest. He also discussed plans for a time capsule. Mayor A wada moved, Councilmember Masin seconded a motion to approve the neighborhood lighting contest. Aye: 4 Nay: 0 City Administrator Hedges also requested that a special Council meeting date be set to meet with newly elected Councilmembers to review procedures. Eagan City Council Meeting Minutes November 21,2000 Page 11 00336 Councilmember Carlson moved, Mayor Awada seconded a motion to set a special City Council meeting for December 12, 2000 at 5:00 p.m. Aye: 4 Nay: 0 ADJOURNMENT The meeting adjourned at 11:35 p.m. MBM NOVEMBER 21, 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.