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09/05/2000 - City Council Regular 002~~5 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Mll1nesota September 5, 2000 A regular meeting of the Eagan City Council was held on Tuesday, September 5, 2000 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. (jAm~l'QEaCE Police Chief Therkelsen introduced Richard Evans, Thomas Fadden and Nathan Taarud and highlighted each of their backgrounds. City Administrator Tom Hedges administered the oath of office to the police officers. AP~1\ City Administrator Hedges noted that item A under Old Business regarding the appointments to the Community Center Task Force and Focus Groups was lacking information on applicants that had been submitted via e-mail over the holiday weekend. The Council agreed to continue the issue until a spedal Council meeting to be held September 19, 2000. Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue the appointments to Community Center Task Force and Focus Groups until a workshop to be held on September 19,2000. Aye: 5 Nay: 0 Councilmember Masin requested that item J of the Consent Agenda regarding Project 779 and item V of the Consent Agenda regarding a Lease approval for Wescott Commons basketball court be pulled from the Consent Agenda for discussion. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 M1NtTtES..OF.mEAUGUSl'.l.S...2000SPECIAl.MEEt'lNG ..-",...:..:.:-.,.,.....,.,..._...:-:-:-.'..:'.._......'."''<...,.,.._.:._..-:.............-:.:..-.:.>.'.-:...:->>-..,.,..1..:...,.......:..-.--.:.:-:.......,.:-:.,...-..........-.-.:...............-:.,-.,-_---...,.....-:.....,.:-......,'_. Councilmember Masin asked Mayor Awada if she owned a sign business. Councilmember Masin stated she thought it might present a conflict of interest regarding the Mayor's vote on a motion on page three of the minutes regarding a public hearing dealing with the sign ordinance. Mayor Awada stated she did own a sign company but that fact had no relevance to the sign ordinance issue. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 ~l.J).~$Qf'\rH'f3.Aq(;P$T..~$j@QQJ.t'ggQP~Nmij~Pr4'G Councilmember Bakken requested the following changes to the minutes of the August 15, 2000 meeting: The first sentence in the third paragraph on page one should be revised as follows: "Mayor Awada stated that Personnel- Item 7, Termination of the employment of David Koski, a utility EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000 PAGE 2 002i~6 maintenance worker, would be separated from the Consent Agenda and considered separately at the rCe7/lcst of Mr. Koski's attorne1J." The first sentence in the third paragraph on page three should be revised as follows: "This item was pulled from the Consent Agenda at the request of Mr. Koski's attorney." After the first sentence in the second paragraph on page six under Minor Subdivision - BrucE' Konold (Konold Addition), the following sentenced should be added: "All voted in favor." Councilmember Bakken moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 'YJ$trQl{$..tQ'.~~.flS~p Tom King informed the Council that a plat by Royal Oaks Realty on the border of Inver Grove Heights and Eagan which had been previously reviewed and commented on by the Eagan City Council had been revived and was being reviewed by the Inver Grove Heights City Council. He stated that changes had been made regarding a third access by way of a private easement that he felt the Council should be aware of. Councilmember Carlson expressed concern over the size of the easement and loss of control by Eagan. City Attorney Dougherty stated he would check into the matter and provide the Council with further information. GQM~NJ'$lJ.),?~!'D'<P!QWNqn.,.g'(X.APMtNt.$~WQR~PP~~TM~;H~P~ City Administrator Hedges stated that 1400 letters would be going out to residents to inform them that FEMA is extending their time in Eagan until the end of the month and that loan applications for storm damage from the July 7, 8 and 9th storms are still being accepted. He further stated that debris pickup will also continue every Friday. CENTRAL PARK UPDATE City Administrator Hedges updated the Council and audience on the progress of the Central Park. He stated that the architectural firm TDKA has been selected and will collaborate with a firm in Columbus, Ohio. <:ONSENTAGENPA A. Personnel Items Item 1. It was recommended to approve the hiring of Thomas Stephes as a part-time building maintenance worker. Item 2. It was recommended to approve the hiring of Scott Peterson as a building inspector. Item 3. It was recommended to approve the hiring of Bryan Duerr, Martha Wilfahrt and Lindsay Stemig as seasonal park attendants. Item 4. It was recommended to approve the hiring of Brian Banaszewski as a seasonal park maintenance worker. 002i~7 EAGAN CITY COUNCIL MEETING MINUTF5; SEPTEMBER 5, 2000 PAGE3 Item 5. It was recommended to approve the hiring of Brad Champlin, Jeff Freeman and Ken Freeman as seasonal football offidals. Item 6. It was recommended to approve the hiring of David Schomburg and Bruce Barry as seasonal basketball scorekeepers. B. Confirmation of Findings of Fact, Conclusions and Resolution of Denial- Konold Addition. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of the Minor 00 - 5 3 Subdivision request of Bruce Konold for a 17,168 square foot lot located north of Lone Oak Road and west of Pilot Knob Road in the SE 1/4 0 Section 4. C. Resolution declaring October 8-14,2000 as "Building Ouality Communities Week". It \VdS 00- 5 2 recommended to declare October 8-14, 2000 in the City of Eagan as "Building Quality Communities Week". D. Verdant Hills 2nd Addition. It was recommended to approve the Escrow Agreement for the Verdant Hills 2nd Addition and authorize the Mayor and Deputy City Clerk to execute all related documents. E. Commerdal Trash Hauler License for Armor Waste System. It was recommended to approve a commerdal trash hauler license for Armor Waste System. F. Permit Renewal to Operate Motorized Golf Cart, Michael Krolick. It was recommended to approve a permit renewal to operate a motorized golf cart on designated streets for Michael Krolick. G. Comprehensive Guide Plan Amendment and Rezoning - City of Eagan. It was recommended to approve and implement a Comprehensive Guide Plan Amendment to establish a land use designation of D-I, Single Family Residential, upon approximately .46 acres of land located south of Hwy. 55 and northeast of Black Oak Drive, east of the NE 1/4 of Section 12. H. Extension for Recording Final Subdivision (Pfeifer Addition) - Gene and Brenda Pfeifer. It was recommended to approve a 60 day extension for recording the final subdivision for Pfeifer Addition. 1. Appointment Data Practices Coordinator. It was recommended to approve appointing Administrative Secretary/Deputy Clerk Maria Karels as the City's Data Compliance Offidal in conformance with the requirements of the Data Practices Law. J. Project 779, Dodd Road - Diffley Road to Wescott Road Street & Utility Improvements. This item was separated from the Consent Agenda. K. Project 742, Wescott Woodlands Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 742 (Wescott Woodlands - Street and Utility Improvements) and schedule a public hearing to be held on October 3, 2000. L. Project 790, Central Parkwav Street & Utility Improvements. It was recommended to receive the draft feasibility report for Project 790 (Central Parkway - Street and Utility Improvements) and schedule a public hearing to be held on October 3, 2000. M. Approve Right-of-Way Fadlities Use Agreement, Metricom. It was recommended to approve the Right of Way Fadlities Use Agreement for Metricom, Ine., and authorize the Mayor and Deputy City Clerk to execute all related documents. OG2~~8 EAGAN CIn' COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000 PAGE 4 N. ROW Ordinance Amendment - Authorize Publication of Summary. It was recommended to approve the official summary of the Right of Way Ordinance as provided by the City Attorney's office. O. Contract 00-12, MVT A - Eagan Transit Station Sanitary Sewer Improvements. It was recommended to receive the bids for Contract 00-12 (MVT A Eagan Transit Station - Sanitary Sewer Improvements), award the contract to Design Excavating lne., for the Base Bid in the amount of $88,555.00, and authorize the Mayor and Deputy City Clerk to execute all related documents. P. Contract 00-08, Utility Improvements - Chapel Hill Baptist Church. It was recommended to approve the final payment for Contract 00-08 (Chapel Hill Baptist Church - Utility Improvements) in the amount of $3,264.30 to Burschville Construction, lne., and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. Project 96-X, Eagandale Corporate Center. It was recommended to acknowledge the completion of Contract 96-X (Eagandale Corporate Center - Grading Improvements) and authorize perpetual City maintenance subject to warranty provisions. R. Project 709R TH 13/Blackhawk Road - Traffic Signal Agreement. It was recommended to approve a Traffic Control Signal Agreement for Project 709R (TH 13/Blackhawk Road - Divided Four-Lane Upgrade) with the Minnesota Department of Transportation and authorize the Mayor and Deputy City Clerk to execute all related documents. S. Project 50, Hwy 55/Blue Water - So. Frontage Road. It was recommended to cancel Project 750 (Hwy. 55/Blue Water - South Frontage Road) and the public hearing scheduled for September 19, 2000 and authorize the preparation of a revised Feasibility Report for Project 750"R" (Hwy.55/Blue Water - Signal and Access Modifications). T. Cinnamon Ridge 2nd Addition (Lot 13, Block 1) Easement Vacation. It was recommended to approve the corrected legal description of the vacation of a portion of a public drainage and utility easement for Lot 13, Block 1, Cinnamon Ridge 2nd Addition. U. Park Planner Consultant Community Center / Central Park Project. It was recommended to recommend the hiring of Damon Farber Associates, lne. for the master parks planning for the Central Park site. V. Consent to sign for a 2-year lease of basketball court space at 916 Wescott Square from lohn Sowards, Theresa Sowards and LA. Management. This item was separated from the Consent Agenda. W. 2000 LOCAL Water Resources Management Plan Grant Application, Metropolitan Council. It was recommended to submit a grant application to the Metropolitan Council to support development and incorporation into city code ordinances. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 In regard to Item ], Project 779, Dodd Road - Diffley Road to Wescott Road Street & Utility Improvements, City Administrator Hedges provided an overview and stated that an informational meeting is scheduled for September 18, 2000 and notices would be sent out. He further stated that the public hearing for this item would be held on October 3, 2000. Jim Yarosh, an attorney representing the citizens group "Neighbors First" requested an extension of one month before the neighborhood meeting to allow the group to gather more information in an effort 002i.!r9 EAGAN CI1Y COUNCIL MEETING MINUTF5; SEPTEMBER 5, 2000 PAGES to offer informed ideas and suggestions in response to the draft feasibility report. The Council agreed to a request for an extension of time. Public Works Director Colbert suggested that Council attend the information meetings to help give direction to staff throughout the process in response to dtizen suggested alternatives. Mayor Awada moved, Councilmember Carlson seconded a motion to receive the draft feasibility report on Project 779, (Dodd Road - Diffley to Wescott) and set a workshop date for October 26, 2000, a public hearing on November 21,2000 and direct staff to hold an informational meeting before each Coundl meeting. Aye: 5 Nay: 0 In regard to Item V, Consent to Sign for 2-Year Lease of Basketball Court Space at 916 Wescott Square From Tohn Sowards, Theresa Sowards and LA. Management City Administrator Hedges discussed the liability for the basketball court space. City Attorney Dougherty stated that the City's general liability coverage would include the leased basketball court space. Councilmember Bakken moved, Councilmember Masin seconded a motion to authorize Mayor Pat Awada to sign a lease agreement for basketball court space at 916 Wescott Square. Aye: 5 Nay: 0 ~f4GtJE~J:NG$ VARIANCE - DONOVAN & BEVERLEY WOLFE, OF 2% TO THE 20% MAXIMUM LOT COVERAGE ALLOWED IN AN R-l RESIDENTIAL ZONING DISTRICT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. Councilmember Masin moved, Mayor Awada seconded a motion to approve a variance for Donovan & Beverley Wolfe, of 2% to the 20% maximum lot coverage allowed in an R-l (Single Family Residential zoning district for Lot 7, Block 10, Cedar Grove No.7), located at 4093 Halite Lane in the SE 1/4 of Section 20. Aye: 5 Nay: 0 OLPlfUSIS'I$$S APPOINTMENTS TO COMMUNITY CENTER TASK FORCE & FOCUS GROUPS Under the Adoption of the Agenda, City Administrator Hedges noted that this item was lacking information on applicants that had been submitted via e-mail over the holiday weekend. The Coundl agreed to continue the issue until a spedal Council meeting to be held September 19, 2000. The subsequent motion was made: Counci1member Carlson moved, Counci1member Bakken seconded a motion to continue the appointments to Community Center Task Force and Focus Groups until a workshop to be held on September 19,2000. Aye: 5 Nay: 0 00230 EAGAN CI1Y COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000 PAGE 6 N~lrt1$tNE5$ AMENDMENTS TO THE DRAFT COMPREHENSIVE GUIDE PLAN - CITY OF EAGAN City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report and referenced the voluminous letters received and included in the Council packet. Mayor Awada opened the meeting for public comment. Two residents spoke in favor of the suggested changes in land use of the four areas dting the need for affordable housing in Eagan for the first-time homebuyer, the elderly and employees who work in Eagan. A resident spoke in opposition to the change in land use of the site located in the SE Eagan /Gun club area citing the following reasons which were also discussed at the Advisory Planning Commission meeting: . Ample multi-family housing already exists in Eagan . Incompatibility with the existing area . Increase in traffic and safety concerns . Lack of capadty at Red Pine Elementary . Decrease in property values . No access to other resources, i.e. bus lines, retail . Safety regarding the proximity of gun club Several residents spoke against changing the land use designation in the SW Thomas Lake area because multi-family is too dense and because of the potential impact on the water quality of Thomas Lake. Other reasons for opposition included traffic concerns, potential drainage problems, and the density impact on schools. Two residents spoke in favor of the change in land use designation in the SW Thomas Lake area because of topography and proximity to adjacent commerdal uses. Mayor A wada noted that a petition had been received from area residents opposing the change in land use designation in the SW Thomas Lake area. Councilmember Bakken stated he did not support changing the land use designations in any of the areas. Councilmember Bakken moved, Mayor Awada seconded a motion to reaffirm the current proposed guide plan land use designations. Councilmember Blomquist stated there is a need for affordable housing in Eagan. She further stated that there are infrastructure problems that should be addressed prior to the land use designation issues. Councilmember Bakken stated that the infrastructure issues were addressed in the concerns that were previously discussed. He stated there is a waiting list for housing in Eagan and would not want the City to repeat mistakes made by other areas in increasing density, but would rather focus on current housing. Councilmember Masin stated that infrastructure needs to be addressed before any more development in Eagan occurs. She asked about other sites that could possibly be used for multiple housing developments. City Administrator Hedges stated that staff is evaluating the Cedarvale area for possible life cycle housing. 00251 EAGAN Cln' COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000 PAGE7 Mayor Awada discussed the Metropolitan Council standards for livable communities. She stated that the Metropolitan Council had asked the City of Eagan to consider more multiple housing. She asked the City Attorney about the legal authority of the Metropolitan Council in regard to denying the City's Comprehensive Guide Plan. City Attorney Dougherty stated that the Metropolitan Council cannot legally deny the City's plan. Mayor Awada stated she supported the motion to make no changes to the current proposed land use designations. Counci1member Masin stated she was not in favor of rezoning the SE Eagan/Gun Clun area but was open to the rezoning of the other three parcels depending upon specific development proposals. Councilmember Blomquist stated she felt the issue is premature, that there are other issues that need to be dealt with. A vote was taken on the motion. Aye: 3 Nay: 2. Councilmembers Masin and Blomquist opposed. Mayor Awada stated that this action does not preclude multi-family housing in the future, but would prefer the Council see specific development proposals. FINAL PLANNED DEVELOPMENT AND PRELIMNARY SUBDIVISION (CRANE CREEK), WENSMANN REAL IT, TO ALLOW THE CONSTRUCTION OF 64 TOWNHOMES (WITHIN 17 BUILDINGS) UPON A SITE LOCATED SOUTH OF TRUNK HIGHWAY 55 AND EAST OF RITA COURT IN THE NE V4 OF SECTION 12 City Administrator Hedges presented an overview of the proposed subdivision. Senior Planner Mike Ridley provided background on the proposal and discussed the recommendations of the Advisory Planning Commission made at their August 22, 2000 meeting. Mayor Awada opened the meeting for public comment. A property owner, adjacent to the subject property, spoke referendng a petition that 80 - 90% of the neighborhood had signed in opposition to the proposed development. Several other residents spoke in opposition to the proposal dting traffic, safety for children, access, substandard road width, assessments, emergency vehicle access, buffering, density, the possibility of the townhomes becoming rental units, and lack of a trail. Mayor Awada asked about the turn around radius for emergency vehicles. Senior Planner Ridley stated it had been evaluated and was suffident. Mayor Awada asked the residents to voice their opinion regarding the current zoning of the subject property. Several residents stated they felt the zoning was improper for the area. Terry Wensmann, applicant, stated that the number of units for the proposed development had been decreased from the original plan. He discussed the potential number of children in the complex versus the potential number if the development were single family. He stated there would be less children in the townhome development. He further stated he would be willing to install fendng adjacent to the single-family neighbors. The Council, staff and Mr. Wennsman held a discussion regarding the number of projected daily trips to and from the proposed development, street size, and proper access into the development. Mayor Awada stated that the City has a duty to provide safe access to the site and suggested that access could possibly be made via Chapel Lane or Louis Lane. Councilmember Blomquist stated she felt that the maximum number of units that would maintain safety on the streets would be 40 units. Councilmember Masin stated she felt the property is improperly zoned and her main concern is safety. 00252 EAGAN CI1Y COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000 PAGE 8 Councilmember Carlson stated she felt the property should be down zoned. City Attorney Dougherty stated that the City could rezone the property to a lower density designation. Councilmember Blomquist made a motion to approve the final planned development and preliminary subdivision to allow only 40 units. City Attorney Dougherty stated that the Council cannot reduce the number of units requested for approval unless the applicant is in agreement. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to direct the preparation of Findings of Fact, Conclusions & Resolution of Denial for the final planned development and Preliminary Subdivision (Crane Creek), Wensmann Realty, to allow the construction of 64 townhomes (within 17 buildings) upon a site located south of Trunk Highway 55 and east of Rita Court in the NE V4 of Section 12. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct staff to refund application fees to the applicant. Aye: 5 Nay: 0 Councilmember Carlson mov~d, Mayor Awada seconded a motion to direct staff to review a potential change to the guide plan desfgnation. Aye: 5 Nay: 0 CERTIFICATION OF THE PRELIIMINARY 2001 PROPERTY TAX LEVY APPROV AL OF THE 2001 PRELIMINARY 2001 GENERAL FUND OPERATING BUDGET, APPROV AL OF THE TRUTH-IN-TAXATION HEARING DATES AND CHANGE DECEMBER 2000 CITY COUNOL MEETING DATE(S) City Administrator Hedges presented an overview of the items. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve certification of the Preliminary 2001 Property Tax Levy. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the preliminary 2001 General Fund Operating Budget. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the Truth-in-Taxation hearing dates of December 4,2000 and December 11,2000. Aye: 5 Nay: 0 Council Bakken moved, Councilmember Carlson seconded a motion to reschedule the December 5,2000 City Council meeting date to December 4,2000. Aye: 5 Nay: 0 ADMlNISTRX1:1'\fEAGENDA ........................................-.................................. . ... - -,---_.._, ....................-...... City Administrator Hedges stated that dates need to be set for Council workshops. Mayor Awada moved, Councilmember Bakken seconded a motion to set two Council workshop dates, for September 19,2000 at 5:00 p.m. and September 26,2000 at 7:00 p.m. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Masin seconded a motion to hold a workshop regarding Cedarvale on September 26,2000 at 5:30 p.m. Aye: 5 Nay: 0 ........................................... A.....O....J..O.....lJRNME.....................N]'...... ... .... . - - - . .' . , . ",- --",- ".' . .' "-':- :..:::.:::..::.::' ..:::.::..:::..:..:::.:.:.:...:::..::.:.:.:...-:....:..::::.:::::.,:: Councilmember Bakken moved, Councilmember Carlson seconded a motion to adjourn the meeting at 10:35 p.m. to an Executive Session to discuss the Blomquist vs. City of Eagan assessment I 00253 EAGAN CI1Y COUNCIL MEETING MINUTES; SEPTEMBER 5, 2000 PAGE 9 appeal. Present were Mayor Awada and Councilmembers Masin, Carlson and Bakken, City Administrator Tom Hedges, Director of Public Works Colbert, Acting Finance Director Tom Pepper, City Attorney Mike Dougherty and Jack Clinton, attorney for the City of Eagan. SEPTEMBER 5, 2000 Date ( \ MLM 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.