Loading...
06/05/2000 - City Council Regular 00165 MINUTES OF A REGULAR MEETING OF THE EAGAN an COUNCIL Eagan, Minnesota June 5, 2000 A regular meeting of the Eagan City Council was held on Monday, June 5, 2000 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Counci1members Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, Assistant City Engineer John Gorder, City Engineer Russ Matthys and City Attorney Jim Sheldon. 111111 Councilmember Masin asked that consent agenda items J, S, and T be removed from the Consent Agenda for discussion. Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 &I_Sl~tl!:mlll.I~~I.I~jlijmJ.I~m..g_1 Counci1member Bakken moved, Coundlmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 _iljll:jliBI.Rm\lji!RIli~.U\_1 Counci1member Carlson moved, Councilmember Masin seconded a motion to continue approval of the minutes as presented to allow time for review of information that had not been included with the minutes. Aye: 5 Nay: 0 ..111[11111_ Neal Hoadley, 1750 Meadowlark Road expressed concern over the increased taxes for the proposed community center and rate of speed with which the proposed project is moving along. He questioned if the Residents for Recreation organization was a non-profit organization. He further questioned if the organization had a permit for flyers that have been distributed. He also expressed his opposition to the use of office space and storage space in the community center by other non-profit organizations such as EAA. Coundlmember Carlson explained that the use of office space within the building would be paid for per square foot according to market rent rates. Mr. Hoadley stated he would like to see written information from the City regarding the proposed community center and not just from outside organizations. Mayor Awada explained that if the bond referendum passes, an architect will be hired and the design of the community center will be determined according to the needs of the community. Councilmember Masin stated that there will be refinement to the plans after the referendum is passed. Leroy Swart, 1284 Deercliff Lane, informed the Council he had been harassed by the Eagan Police. He stated he had contacted the Police Department but could get no information regarding how to have the inddent investigated. City Administrator Hedges told Mr. Swart that he would be available to discuss the issue with him and outline the proper process. Councilmember Carlson stated she would like to see follow up to the complaint. Stuart Forsyth, Pilot Knob Road expressed his opposition to a policy restricting strollers from Cascade Bay. Councilmember Blomquist stated she had heard this complaint from others previously and had reviewed a copy of research on the issue. She went on to explain that the seating area where parents would sit and park their children in strollers is on an incline. Mr. Forsyth stated he would like a copy of the research material that was used to reach the decision to restrict strollers. Councilmember Carlson suggested that an area for strollers be designated away from the sloping area. Mayor Awada asked that the issue be reviewed and brought back before the Council at a spedal meeting. 001.66 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 2 Jack Aldridge, 4656 Westwood Lane, President of the Oak Cliff Homeowners Assodation, stated he had written a letter to the Planning Commission regarding the Final Planned Development of Lot 2, Block 1, Oak Cliff Ninth Addition but had received no response. Mayor Awada stated this issue is Item X under the consent agenda. She pulled the item from the consent agenda and told Mr. Aldridge there would be a discussion held later in the meeting. Gary Crawford, 3749 West Denmark Trail, stated his opposition to the proposed Charter Commission. He stated he felt City offidals should select the dtizens serving on the commission and not be appointed by a judge. He felt that a Charter Commission would ultimately cost the City more money. Coundlmember Blomquist explained that the individuals that would be appointed by a judge to serve on the commission would originally be volunteers from the community. Mr. Crawford stated that a list of concerns should be submitted by the Eagan OPEn to the Council to be addressed before action is taken on the formation of a Charter Commission. ~mB'I.Qlli!I:_I_IUlls PRESENTATION OF CERTIFICATES TO RECIPIENTS OF GIRL scour SILVER AWARDS City Administrator Hedges provided an overview on this item. The following Girl Scouts we're presented with certificates of recognition by Mayor Awada: Sarah Kueker, Oaudia Liddle and Shari VanPuyvelde. mm_~jjl1;~li~~;__.Ii.~)__sfl!I..lfE.!..~ REVERSE 911 PUBLIC SAFETY PROGRAM City Administrator Hedges provided an overview on this item. Police Chief Kent Therkelsen explained that "Reverse 911" is a tradename used for a spedfic company, which provides an outbound messaging service. He stated that the program is a rapid telephone notification system that would be used in the event of an imminent threat to the public. He stated the system would combine GIS information with database information and further described possible situations that could warrant the use of such a service. He stated that the system would cost approximately $25,000 for implementation. Chief Therkelsen also stated that a meeting had been held with Dakota County and that a county wide effort is being considered and it may be possible for the City to tie into the county system in the future. Councilmember Bakken requested that more information on the spedfic costs of the notification system be provided. TREE REMOVAL BY NSP City Administrator Hedges stated that he and Coundlmember Blomquist had received calls from residents requesting better notification of residents when trees are going to be removed. Colette JurekL representing NSP, stated that NSP crews had been called off of the tree removal project and that NSP will notify residents in the area of a neighborhood meeting to discuss the project. She explained that typically property owners are notified that trees on their property will be trimmed. She stated that in the future notices will be posted and letters sent to area residents regarding neighborhood meetings to discuss plans to remove trees. Ruth Carlson, representing her sister, who lives at 1255 Wilderness Road read a letter from her sister expressing concern over trees being cut on her property without proper notification. Councilmember Blomquist stated she had received calls from area residents complaining about the tree removal. She stated she felt a policy should be developed regarding neighborhood meetings. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 3 00167 Ms. Jurek expressed her willingness to set a date for a neighborhood meetirlg. It was agreed that the meeting woUld be held June 21, 2000 at City Hall. She stated the area residents will be notified in writing. Coundlmember Bakken stated that the City should not interfere until it is determined what the City's legal authority is in such matters. Mayor Awada suggested the City Attorney prepare a memo outlining the City's legal standing. Counci1member Bakken stated the City should only fadlitate the process. Councilmember Blomquist commented that the City could be used as a communication tool. Jim Plantenberg, 1226 Wilderness Run Road stated he had discussed the issue with the City Forester and was told the trees that were removed were diseased and that the trees were located on City property. He further expressed his concern over the lack of communication. Counci1member Carlson suggested the City Forester attend the neighborhood meeting on June 21. possmLE MERGER OF NORTHWEST AIRLINES WITH AMERICAN AIRLINES Councilmember Masin stated she felt it would be prudent for the City of Eagan to have a contingency plan in place should the headquarters for Northwest Airlines, as well as other major employers, be moved from Eagan. She suggested that City staff review such issues as tax revenues, the number of residents that would move out of the City and possibly discuss with other dties their experiences in similar situations. She further stated that the Economic Development Commission should also make recommendations. Councilmember Bakken stated the City should have more information before any action is taken. Councilmember Carlson felt taking any action at this point was extremely premature. Coundlmember Blomquist felt there would be a lot of posturing before the airlines would make any major decisions and the City should just observe at this point. Mayor Awada also felt the City should not get involved at this point. She stated the entire state will be effected should Northwest Airlines re-Iocate its headquarters, not just the City of Eagan. Coundlmember Carlson felt that everyone is concerned but that government should not interfere. _ill_~gRi1!BI_~~m~:m.iID.t_llI There was no new information regarding Census 2000. Counci1member Masin encouraged the public to vote on the bond referendum June 6, 2000. ~ql$,_llllf1l\ A. Personnel Items Item 1. It was recommended to approve the hiring of Nikki Smith, Ashley Crunstedt, Amber Paukner, Kristin Reither, Dionne Cordell, Lauren Deiman, Kelsey Biagi, Lindsay Larson, Alison Bailey and Michael Brumbaugh as seasonal lifeguards for Cascade Bay. Item 2. It was recommended to approve the hiring of Patrick Budion as a seasonal concessionaire for Cascade Bay. Item 3. It was recommended to approve hiring of Brad Kassha and Evan Tepper as seasonal operations/maintenance shift leaders for Cascade Bay. Item 4. It was recommended to approve the hiring of Matt Rielly and Michael Peterson as seasonal operations/maintenance workers for Cascade Bay. Item 5. It was recommended to approve the hiring of David Streefland, Tom Irvin, Paul Anderson, Maria Struve, Adria Carlyn, Jake VanPutten, Nova Butor and Rachel Waldera as seasonal park maintenance workers. EAGAN CITY COUNCil. MEETING MIN1ITES; JUNE 5, 2000 PAGE 4 001.68 Item 6. It was recommended to approve the hiring of Lucas Behnke as a part-time seasonal concessions worker. Item 7. It was recommended to approve the hiring of Brittany Kaufman and Lea Taylor as seasonal utility maintenance workers. Item 8. It was recommended to approve the hiring of Cary Gangl as a utility technical intern. Item 9. It was recommended to approve the hiring of Megan Driscoll as a seasonal recreation ~ssistant. Item 10. It was recommended to approve the hiring of Kade Nitz as a seasonal recreation leader. Item 11. It was recommended to approve the hiring of Julie Stumne as a seasonal tennis director. Item 12. It was recommended to approve the hiring of Molly Martin as a seasonal horticultural worker. Item 13. It was recommended to approve the hiring of Eric Hansen and Nicholas Scharffbillig as part-time seasonal ballfield attendants. Item 14. It was recommended to approve the hiring of Molly Hibbard as a seasonal streets maintenance worker. Item 15. It was recommended to approve the hiring of Brian Connolly as an Engineering Intern. Item 16. It was recommended to approve the hiring of Lisa Larson as a part-time Oerical Tech ill in Engineering. Item 17. It was recommended to approve the hiring of Michelle Lutovsky as a part-time Oerical Tech ill in Central Services Maintenance. Item 18. It was recommended to approve the hiring of Timothy Fadden as a combination building inspector. Item 19. It was recommended to approve the Time Spent Profile Revision for the Assistant City Administrator/Director of Human Resources from Compensation Range N Exempt to 0 Exempt effective with the April 1 pay period. B. Contract 99-03, approve final payment (Yankee Doodle Reservoir - Refurbish &. Repaint). It was recommended to approve final payment for Contract 99-03 (Yankee Doodle Reservoir - Refurbish &. Repaint) in the amount of $29,500.50 to Swanson &. Youngdale, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. C. License renewals, service station, amusement device, commerdal fertilizer and tobacco. It was recommended to approve the license renewals for service station, amusement device, commerdal fertilizer and tobacco. D. Contract 00-01, approve plans, authorize ad for bids (Cliff Rd. Water Treatment Fadlity - Exterior Restoration). It was recommended to approve the Plans and Spedfications for Contract 00-01 (Cliff Rd. Water Treatment Fadlity - Exterior Restoration) and authorize the advertisement for a bid opening to be held on Thursday, June 29, 2000. E. Contract 00-06, approve final payment (Pond BP-12 - Water Ouality Improvements). It was recommended to approve the final payment for Contract 00-06 (Pond BP-12 Water Quality Improvements) in the amount of $3,643.86 to Webster Grading, Inc. and accept the improvements for perpetual dty maintenance subject to warranty provisions. F. Tobacco license for Richard's, 4185 South Robert Trail. It was recommended to approve a tobacco license for Richard's located at 4185 South Robert Trail. EAGAN CITY COUNCIL MEETING MINUfES; JUNE 5, 2000 PAGE 5 00169 G. Contract 00-10, approve plans, authorize ad for bids (Wescott Rd. - Surface Treatment &. Restriping). It was recommended to approve the plans for Contract 00-10 (Wescott Rd. - Restriping) and authorize the advertisement for a bid opening to be held on June 29, 2000. H. Contract 00-11, receive bids/award contract (Fish Lake Water Ouality lmprovements). It was recommended to reject all bids received on June 1, 2000 for City Contract 00-0011, Fish Lake Outlet Pumping Station, and to authorize staff to review other options to achieve desired water quality improvements in Fish Lake. 1. Project 751, authorize feasibility report (Dodd Road Upgrade - Cliff Rd. to Butwin Rd.). It was recommended to authorize the preparation of a feasibility report by Bonestroo, Rosene, Anderlik and Assodates for Project 751 (Dodd Road, Cliff Road to Butwin Road - Street and Utility Improvements). J. Project 759R. authorize revised feasibility report (Beau d'Rue Dr. - Street Rehabilitation). It was recommended to authorize the preparation of a revised feasibility report by the City Engineer for Project 759R (Beau d'Rue Drive - Street Rehabilitation). K. Project 779, authorize feasibility report (Dodd Road Upgrade - Diffley Rd. to Wescott Rd.). It was recommended to authorize the preparation of a feasibility report by Bonestroo, Rosene, Anderlik and Assodates for Project 779 (Dodd Road, Diffley Road to Wescott Road - Street and Utility Improvements). L. Project 793, receive petition/ authorize feasibility report (MVT A Eagan Transit Station - Sanitary Sewer Improvements). It was recommended to receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 793 (MVT A, Eagan Transit Station - Sanitary Sewer Improvements). M. Project 794, authorize feasibility report (River Hills 9th - Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 794 (River Hills 9th Addition - Street Rehabilitation). N. Project 795, authorize feasibility report (Beacon Hill, Brittany Adds., Johnny Cake Ridge Add., &. Covington Ln. - Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 795 (Beacon Hill, Brittany Additions, Johnny Cake Ridge Addition and Covington Lane - Street Rehabilitation). O. Project 796, authorize feasibility report (Cedar Cliff &. Mari Acres - Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 796 (Cedar Cliff Additions and Mari Acres Additions - Street Rehabilitation). P. Project 797, authorize feasibility report (Letendre Adds. - Street Rehabilitation). It was recommended to authorize the preparation of feasibility report by the City Engineer for Project 797 (Letendre Additions - Street Rehabilitation). Q. Project 798, authorize feasibility report (Canterbury Forest &. Wedgewood 1st - Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 796 (Canterbury Forest and Wedgewood First Addition - Street Rehabilitation). R. Project 799, authorize feasibility report (Eagandale Center Industrial Park. Eagandale Office Park, Eagandale Blvd. &. Corporate Center Drive - Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 799 (Eagandale Center Industrial Park, Eagandale Office Park, Eagandale Blvd. and Corporate Center Drive - Street Rehabilitation). S. Project 800, authorize feasibility report (Eagandale Center Industrial Park. Eagandale Office Park, Eagandale Blvd. &. Corporate Center Drive - Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report for Project 800 (Cedarvale/Village Plaza - Access Modification) by SRF Consulting Group Ine. 00170 EAGAN CITY COUNCIL MEETING MlNUTES; JUNE 5, 2000 PAGE 6 T. Project 801, authorize feasibility report (Silver Bell Rd. - Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 801 (Silver Bell Road - Street Rehabilitation). U. Project 802, authorize feasibility report (Pilot Knob Rd. & Duckwood Dr. - Intersection Improvements). It was recommended to authorize the preparation of a Feasibility Report and detailed Plans and Spedfications by SRF Consulting Group Inc. for Project 802 (Pilot Knob Rd. / Duckwood Dr. - Intersection Improvements). V. Vacate portion of Murphy Parkway. It was recommended to approve the vacation of a portion of public right-of-way within Murphy Farm 2nd Addition and authorize the Mayor and Deputy City Oerk to execute all related documents. W. Receive petition/ order public hearing - easement vacation (Kingswood Ponds). It was recommended to receive the petition to vacate a drainage and utility easement, and schedule a public hearing to be held on July 5, 2000. X. Final Planned Development of Lot 2, Block 1, Oak Cliff Ninth Addition - Haskell's. It was recommended to approve a Final Planned Development to allow a 10,100 square foot liquor store upon a 2.5 acre site located south of Cliff Road and west of Slater Road on property currently platted as Lot 2, Block 1, Oak Cliff 9th Addition (within the NW 114 of Section 31). Y. Final Planned Development of Lot 1, Block 1, Cedar Cliff Commercial Park 5th Addition - Cedar Cliff Properties. It was recommended to approve a Final Planned Development to allow the construction of four office buildings totaling 21,600 square feet in size upon a 2.6 acre site located north of Cliff Drive and east of Nicols road on property currently platted as Lot 1, Block 1, Cedar Cliff Commerdal Park 5th Addition subject to the conditions in the May 23, 2000 APC minutes. z. Amend 2000 Fee Schedule. It was recommended to amend the 2000 Fee Schedule to accommodate the new Minor Subdivision application procedure with an application fee of $200 and an escrow of $500. AA. Shows license, for an Arts Festival and Run/Walk on July 29,2000 at the Art House/Patrick Eagan Park. It was recommended to approve a shows license the Dakota County Arts & Humanities Council to hold an Arts Festival and Run/Wa1k on July 29, 2000 at the Art House/Patrick Eagan Park. BB. Acceptance of Las grant from School District 197 for Youth at Risk Programs. It was recommended to accept an Las Grant f:rom School District 197 for $19,500 for fiscal year July 1,2000 to June 30,2001. Cc. Consultant Selection/Lodging Industry Study. It was recommended to accept the request of the Economic Development Commission to retain Compass International Research & Information Services in the amount of $5,800 to conduct a lodging industry study, recently authorized by the City Council. DO. Final Subdivision (Pine Tree Pass 5th Addition) Lundgren Brothers Construction, Ine. It was recommended to approve a Final Subdivision (Pine Tree Pass 5th Addition) consisting of six single family lots and one outlot located in the northeast 1/4 of Section 33. EE. Final Subdivision (Pine Tree Pass 6th Addition) Lundgren Brothers Construction, Inc. It was recommended to approve a Final Subdivision (Pine Tree Pass 6th Addition) consisting of twenty five single family lots and one outlot located in the northeast 1/4 of Section 33. Counci1member Bakken moved, Councilmember Carlson seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Mayor Awada opened the floor for discussion regarding Item J, Project 759R, authorize revised feasibility report (Beau d'Rue Dr. - Street Rehabilitation), Item S, Project 800, authorize feasibility report (Eagandale Center Industrial Park, Eagandale Office Park, Eagandale Blvd. &- Corporate Center Drive - Street Rehabilitation), and Item T, Project 801, authorize feasibility report (Silver Bell Rd. - Street Rehabilitation). 00171 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 7 Mayor Awada questioned the Cedarvale access reconfiguration study that had been requested. Public Works Director Colbert stated the request before the Council at this time is for authorization to conduct a study. Mayor Awada stated she would prefer the access reconfiguration be determined prior to the completion of a feasibility report. Mr. Colbert stated he felt it would be more benefidal to study and discuss the entire area at the same time rather than as individual projects. He stated he could review preliminary concepts with the Council before the final feasibility reports are completed. Mayor Awada moved, Councilmember Carlson seconded a motion to authorize a feasibility report for Project 759R (Beau d'Rue Dr. street rehabilitation); Project 800 (Cedarvale/Village Plaza access reconfiguration); and Project 801 (Silver Bell Road street rehabilitation). Aye: 5 Nay: 0 Mayor Awada opened the floor for discussion regarding Item X, Final Planned Development of Lot 2, Block 1, Oak Cliff Ninth Addition - Haskell's. Senior Planner Mike Ridley reviewed the proposed development. Mr. Aldridge stated his questions had been answered and he thanked the Council for removing the item from the Consent Agenda for discussion. Counci1member Carlson moved, Counci1member Bakken seconded a motion to approve a Final Planned Development to allow a 10,100 square foot liquor store upon a 2.5 acre site located south of Cliff Road and west of Slater Road on property currently platted as Lot 2, Block 1, Oak Cliff 9th Addition (within the NW 1/4 of Section 31). Aye: 5 Nay: 0 Bit'_I~ Mayor Awada opened the public hearings and discussion for the following street overlay projects; Project 754, Hilltop Estates; Project 783 Wilderness Park; Project 780 Galaxie Avenue; Project 781 Vienna Woods; Project 782, Old Sibley Memorial Highway; and Project 789, Lone Oak Circle. City Administrator Hedges provided an overview on these items. Director of Public Works Colbert discussed the Pavement Management Program. PROJECT 754, HILLTOP ESTATES (STREET OVERLAY) Assistant City Engineer John Gorder gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Darrell Isebrand, representing Beautiful Savior Lutheran Church commented on the age of the street and asked if the street really needs the proposed improvement. Public Works Director Colbert explained that an effort is made to keep all streets in a particular area at the same status of repair. He stated this method is more cost effective. Mr. Isebrand also questioned the assessment that would be charged to Hilltop Plaza. Public Works Director Colbert stated Hilltop Plaza is being charged $4,300. Mr. Isebrand stated that the church congregation has paid assessments in the past and that the service road has been of no benefit to the church. Public Director Colbert explained that properties being assessed do not necessarily have to have direct access to the street being improved to gain value from the improvement. Mr. Isebrand asked what the payment plan of the assessments would be for the church. Mr. Colbert explained that typically all properties are assessed. over a five-year period. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Mayor Awada moved, Councilmember Carlson seconded a motion to approve Project 754 (Hilltop Estates - Street Overlay). Aye: 4 Nay: 1 (Counci1member Blomquist opposed) 001.72 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 8 PROJECT 783, VIENNA WOODS (STREET OVERLAY) Assistant City Engineer John Gorder gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Gary Borges, 2087 Vienna Lane, stated he felt the streets in this area are in excellent condition and are not in need of the proposed overlay. He felt that a topcoat would be more than adequate. Tim Lewis, 2094 Pin Oak, stated he was in favor of the project. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve Project 781 (Vienna Woods - Street Overlay). Aye: 4 Nay 1 (Councilmember Blomquist opposed) PROJECT 780, GALAXIE AVENUE (STREET OVERLAY) Assistant City Engineer John Gorder 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 Bakken moved, Councilmember Carlson seconded a motion to approve Project 780 (Galaxie Avenue - Street Overlay). Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 783, WILDERNESS PARK (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert 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 Carlson moved, Councilmember Bakken seconded a motion to approve Project 783 (Wilderness Park - Street Overlay). Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 782, OLD SIDLEY MEMORIAL mGHWAY (STREET RESURFACE) Assistant City Engineer John Gorder gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Rodger Slater, owner of parcel 017-50 stated his opposition to the project. He stated his property is for sale and the assessment of $20,000 that he is being charged could not be added to the price of his property. He further stated there are gas easements on his property, which also contribute to the devaluation. Mayor A wada stated staff would review the assessment on Mr. Slater's property prior to the final public hearing on the proposed assessments, which will be held this fall. Public Works Director Colbert stated he will work with the City Attorney to have the property reevaluated. . Kevin Lovegreen, Lovegreen Industrial Service, asked about his assessment. Public Works Director Colbert stated Mr. Lovegreen's property is not being assessed due to the topography. 00173 EAGAN CITY COUNCil. MEETING MINUTES; JUNE 5, 2000 PAGE 9 Councilmember Carlson asked about the length of the cul-de-sac and why a portion of it is not used. Public Works Director Colbert reviewed the history of the street, explaining the reason for the current unused portion of the cul-de-sac. Mr. Lovegreen stated there is loitering and unauthorized use of the unused portion of the cul-de-sac. Mayor Awada suggested that the City possibly vacate the right-of-way of the unused portion of the cul-de-sac, which would decrease the assessment amount for Mr. Slater. Public Works Director Colbert stated the scope of the project could be reduced and the feasibility report could be revised. Mr. Slater stated he would be in favor of the vacation and would willing to work with the City. Counci1member Carlson asked who would own the property if the City vacated the right-of-way. Public Works Director Colbert stated the property would revert back to the state. Mr. Lovegreen asked about access to their property during the actual resurfacing of the street. Assistant City Engineer Gorder explained that access will be provided at all times. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Blomquist stated she would vote against the project because Mr. Slater had not been told how much he would be assessed. Mayor Awada moved, Councilmember Carlson seconded a motion to approve Project 782 (Old Sibley Memorial Highway - Street Resurfacing). Aye: 4 Nay: 1 (Counci1member Blomquist opposed) PROJECT 789, LONE OAK CIRCLE (STREET RESURFACE) Assistant City Engineer John Gorder 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 Bakken moved, Councilmember Carlson seconded a motion to approve Project 789 (Lone Oak Circle - Street Overlay). Aye: 4 Nay: 1 (Councilmember Blomquist opposed) GARAGE MOVE - CL WE ROE FROM 3401 mGHWA Y 55 TO 524 CHAPEL LANE 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 dosed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a building move permit to relocate a 20' x 26' detached garage from 3401 Highway 55 to 524 Chapel Lane. Aye: 5 Nay: o VARIANCE - SUE & TOM PFANNENSTIEL (505 WESTON lllLLS PLACE) 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. Dave Rosner, a neighbor of the Pfannenstiels, stated he was in favor of the variance. Councilmember Carlson asked the applicants if they would agree to landscape the property on the east side of the garage rather than use it for storage. The applicants agreed. 00174 EAGAN CITY COUNCIL MEETING MlNUfES; JUNE 5, 2000 PAGE 10 There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Masin moved, Mayor Awada seconded a motion to a approve a variance of ten feet to the required thirty-foot setback from a public right-of-way for a garage addition at 505 Weston Hills Place, legally described as Lot 5, Block 5, Weston Hills Second Addition, located in the NE V. of Section 36 subject to the following conditions: 1. If within one year after approval, the variance shan not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the existing structure. Aye: 5 Nay: 0 VARIANCE - TOM RIAN (3892 STONEBRIDGE DRIVE N.) 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. Counci1member Carlson moved, Councilmember Bakken seconded a motion to approve a variance of 12 feet to the required thirty-foot setback from a public right-of-way for a garage addition at 3892 Stonebridge Drive North, legally described as Lot 1, Block 5, Hills of Stonebridge, located in the NE 1/4 of Section 24 subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the existing structure. Aye: 5 Nay: 0 VARIANCE - ROBERT A & TIM COLE (1570 LAKEVIEW CURVE) 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. Counci1member Masin moved, Councilmember Carlson seconded a motion to approve a 4 percent variance to the maximum 20 percent lot coverage requirement applied to Lot 10, Block 2, Stoney Pointe 2nd Addition located in the SE % of Section 16. Aye: 5 Nay: 0 The Council took a five minute recess. 00175 EAGAN CITY COUNCIL MEETING MIN1ITES; JUNE S, 2000 PAGE 11 ij)....................[fj........v.-.v..................................... ";w::_ ..... ~;:..;'E:(,..DllmmlS. RESOLUTION OF CONDEMNATION, IMRE PROPERTY City Administrator Hedges provided an overview on this item. Senior Planner Ridley stated that Lot 5, Robert O'Neal property should be dropped from the resolution. He also stated that an additional condition should be added to direct staff to negotiate an acquisition and development agreement with Wisp ark. Jim Dorsey, attorney representing the Imre family, requested the property not be taken. He discussed the family's concern over the access to Highway 55 not being acquired as their tenants need it for access to the property. Public Works Director Colbert addressed the access issues and Senior Planner Ridley stated that City staff will work with the property owner to keep the access viable. Greg Miller, Regional Director for Wispark, stated that a registered survey of the area had been completed and Wisp ark had submitted a written offer to the Imres but had received no response. Mr. Dorsey stated that the Imres are waiting on the completion of an appraisal of the property. Councilmember Masin questioned where the new access would be and also questioned whether th imminent sale of a significant amount of commerdal property of the Wispark portfolio would create a change in management and any other changes that the City would need to be aware of. Councilmember Blomquist commented that no one wins in a condemnation and she is not comfortable with the City getting involved. Mayor Awada stated that the negotiations have been worked on for the past two years and that the condemnation is in the best interest of the City. She went on to state that the parties had been given the opportunity to reach an agreement but had not done so. Councilmember Masin stated that there should be a development agreement with Wisp ark before the condemnation is completed. City Attorney Sheldon stated there will be more detailed information available before the actual condemnation takes place. Kim Imre, daughter of the owner of the property, expressed her concern over the tip of the pond and the access road for heavy equipment. She stated they have tenants that will be put out of business if the access is taken. She further stated that the offer by Wisp ark is the same offer that was submitted two years ago and that they are still waiting on the appraisal. Mayor Awada stated that the City has no intention of taking the Imre's access to the property. Coundlmember Masin again stated there should be a development agreement in place. City Attorney Sheldon stated the development agreement will be prepared after the City approves acquisition of the property. Mayor Awada moved, Coundlmember Carlson seconded a motion to authorize the use of Eminent 00-37 Domain to acquire the Imre parcels located along Lawrence Avenue and Lindy Lane and generally west of the pond. Aye: 3 Nay: 2 (Councilmembers Masin and Blomquist opposed) REZONINGS OF CITY-OWNED PROPERTY City Administrator Hedges provided an overview on this item. 00176 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 12 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Rezoning of five City-owned parcels located in north-central Eagan along Lawrence Avenue and Lindy Lane from R-l to Business Park. Aye: 5 Nay: 0 mEiBfl;~1 REZONING - U.S. POSTAL SERVICF/BALE ANDERSON, LTD. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Bill Sheahan, attorney representing Bale Anderson, Ltd. explained that the rezoning of the property in September, 1999 from R-4, Multiple Residential to R-l, Single Family decreased the value of the property. He stated that the Postal Service is requesting the rezoning to R-3, Residential Townhouse in an effort to recoup some of the loss they will incur on the property. Mayor Awada stated there may be more opportunities for the property when the new Comprehensive Plan comes into effect. She further explained that there are other options within the current zoning. City Attorney Sheldon suggested the Council direct staff to prepare findings of fact for denial to be brought before the Council at a future meeting rather than vote for denial at this meeting. Mr. Sheahan asked if he would be allowed to participate in the development of the findings of fact. Mr. Sheldon responded that Mr. Sheahan could make a submittal on behalf of the Postal Service prior to the findings of fact being reviewed by the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to direct the City Attorney to prepare Findings of Fact and Resolution for Denial of a Rezoning of 6.3 acres from R-l, Single Family Residential to R-3, Residential Townhouse located south of Diffley Road and east of Johnny Cake Ridge Road, in the NW 1/4 of Section 28. Aye: 4 Nay: 1 (Counci1member Masin opposed) CONDmONAL USE PERMIT - VISUAL IMP ACT (580 YANKEE DOODLE ROAD) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow construction of a pylon sign on property located at 580 Yankee Doodle Road, legally described as Lot 1, Block 1, Gopher Eagan Industrial park 5th Addition, in the SE 1/4 of Section 12, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The internally lit pylon sign shall not exceed 12 feet in height and shall comply with the plans dated September 13,1999. 3. The pylon sign shall be located in the northwest corner of the site, as shown on the site plan received 09/09/99 and shall be set back at least 10 feet from all property lines. The sign shall be erected and maintained in such place and manner so as not to obstruct driver vision. 4. A landscape plan for foundation plantings around the sign shall be submitted with the sign permit application. Aye: 5 Nay: 0 OU177 EAGAN CITY COUNCIL MEETING MINUTES; ruNE 5, 2000 PAGE 13 CONDmONAL USE PERMIT & VARIANCE - APT MPLS., INe. (4888 PILOT KNOB ROAD) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Peter Coyle, representing APT MPLS., Ine. explained that APT had taken over a year to locate a site for the proposed tower and that every effort had been made to place the tower in the area of least impact. An attorney representing Lewis and Marcel Schindel decker, adjacent property owners, stated that the Schindel deckers have received an offer for a single family development. He stated they are requesting that the Council consider what impact the proposed tower would have on a future single family development. He further requested that another location on the subject property be evaluated for location of the tower. Councilmember Blomquist asked what is located on the south side of the property. Mr. Coyle explained that, due to the topography of the property, it would be impossible to locate the tower on the south side. Coundlmember Carlson moved, Coundlmember Bakken seconded a motion to approve a Conditional Use Permit to allow construction of a 120-foot monopole telecommunications tower and a Variance to the required 300-foot setback, for property located at 4888 Pilot Knob Road, legally described as Lot 1, Block 1, Chapel Hill Baptist Church Addition, in the SW V. of Section 34, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. As required by City Code, the 120-foot antenna tower shall accommodate the applicant's antennae and at least one additional comparable antennae for other communication providers; accept antennae mounted at varying heights; and allow the future rearrangement of antennae upon the tower. 3. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.10, Subdivision 31, F. 4. The equipment building shall be constructed with a brick exterior in a color to blend in with the surrounding area. 5. The lease area shall be secured with a security fence and landscaped as shown on the Site Plan dated 4-12-00. The barbed wire on the fence shall not be angled outward. 6. The monopole tower shall be painted dark brown. 7. The driveway access to the monopole shall be paved. Aye: 3 Nay: 2 (Counci1members Blomquist and Masin opposed) PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT CEDAR CLIFF PROPERTIES, LLC (2270 CLIFF ROAD) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. The developer presented a brief description of the planned development. 001.78 EAGAN CITY COUNCIL MEEll.1\l"G MINUTES; JUNE 5, 2000 PAGE 14 Counci1member Blomquist asked what type of businesses would be located in the development. The developer stated that the types of the businesses would be a dry deaner, beauty salon, etc. Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve a Planned Development Amendment/Final Planned Development to allow the construction of a 8,680 square foot retail strip center upon 1.1 acres of land located south of Cliff Road and west of Slater Road on property currently platted as Lot 1, Block 1, Oak Cliff 9th Addition subject to the following conditions: 1. The applicant and/ or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Lighting Plan 3. Uses within the building shall be limited to those allowed within the NB, Neighborhood Business district. 4. Either the one way drive lane (on the east side of the building) shall be expanded to 24 feet in width or angled parking stalls (rather than 90 degree stalls) shall be provided. 5. One additional handicap parking stall shall be provided to satisfy State requirements. 6. Additional screening/landscaping shall be provided along Cliff Road and Oak Cliff Lane to screen proposed off-street parking areas. 7. The proposed retail center shall match the adjacent Super America and Penn Cycle stores in both color and materials. 8. All trash/recycling containers shall be stored within the prindpal building. 9. All building, parking/ drive aisles, and landscaped areas shall be properly maintained. 10. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 11. All rooftop mechanical equipment shall be screened from view of all public rights-of-way. 12. All signs shall meet Sign Code requirements. 13. The developer shall be responsible for a cash parks and cash trails dedication at the time of building permit. 14. The parking stalls on the south side of the building shall be 9 feet in width.. Aye: 5 Nay: 0 AMENDED PRELIMINARY SUBDIVISION (EFFESS 2ND ADDmON), AMENDED PRELIMINARY PLANNED DEVELOPMENT & REZONING City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Ot,179 EAGAN CITY COUNCIL MEETING MINUTES; JUNE S, 2000 PAGElS Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve an amended Preliminary subdivision (Effress 2nd Addition) to create four lots on approximately 24.6 acres located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW V4 of Section 10, 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: A1, B1, B2, B3, B4, Cl"C2, C3, C4, D1, and El 2. The property shall be platted. 3. On the final plat the parcel containing the pond and wetland shall be platted as an outlot, and Lot 1, Block 3, shall be platted as Lot 1, Block 2. 4. The applicant shall acquire fee title to all land within the proposed subdivision, including the land currently owned by MnDOT, prior to final subdivision approval. 5. The developer shall be responsible for the relocation of the street section of Marice Drive from the Sherman Court! Marice Drive intersection north to Northwood Parkway, as shown on the preliminary site plan. 6. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 7. The developer shall dedicate public right-of-way for future Northward Parkway, as shown on the preliminary plat. 8. The developer shall dedicate restricted access along the entire length of both sides of the development adjacent to Northwood Parkway, except in the areas of the proposed private driveway and the relocated Marice Drive right-of-way, as shown on the preliminary site plan. 9. Public street access for Lot 1, Block 3 shall be in direct alignment with the west leg of the Marice Drive/ Sherman Court intersection. 10. The Marice Drive and High Site Drive right-of-way within the development shall be vacated prior to final subdivision approval for this development. 11. The combined planting plan for Lot 2, Block 1, and Lot 1, Block 2, shall be revised to exclude mitigation planting from Lot 1, Block 3, and to increase the total amount of plant materials. Additional plantings can be provided on the eastern portion of the site to better buffer between the development and I-35E. This revised plan shall be subject to staff review prior to final subdivision approval. 12. Tree preservation and mitigation shall be determined separately for Lot 1, Block 3 at the time of development of that parcel. 13. This development shall meet its water quality requirements through creation of treatment ponding. The specific details of the location and design of the water quality pond will be subject to review and approval of the City Water Resources Coordinator prior to final subdivision approval. 14. Park and Trail dedication requirements shall be fulfilled as recommended by the APe. 15. Trail access shall be provided from the development to Pilot Knob Road. Aye: 5 Nay: 0 i Ot~lo0 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 16 Counci1member Carlson moved, Coundlmember Bakken seconded a motion to recommend approval of an Amended Preliminary Planned Development located east of Pilot Knob Road between High-Site Drive and Marice Drive in the W 1/4 of Section 10 subject to the following conditions: ' 1. The following uses are allowed within this Planned Development: Lot 2, Block 1 - Four, three-story apartment buildings totaling 228 units Lot 1, Block 3 - Uses allowed in the Limited Business zoning district 2. The performance standards required for development of Lot 1, Block 3 shall be those that apply to the LB zoning district. 3. Pinal development plans for Lot 1, Block 3, shall be subject to review and approval by the Advisory Planning Commission and City Council. 4. A final Planned Development Agreement shall be required for each lot prior to construction. The following plans are required for the Final Planned Development Agreement and shall be consistent with the Preliminary Planned Development: . Final Site Plan . Final Building Elevations . Final Landscape Plan . Final Signage Plan . Final Site Lighting Plan 5. The property shall be subdivided and replatted. 6. The developer shall ensure that the building plans materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA, as compared with a noise level of 65 DNL. 7. As required by City Code, all exterior building surfaces shall be treated as a front and have an equally attractive or the same architectural treatment. As part of the Elevation Plan submittal for Final Planned Development, the applicant shall modify the proposed architectural design and exterior materials to be consistent with that used on the currently existing Glen Pond apartment buildings. 8. The final landscape plan shall show underlying grading contours and must be prepared and signed by a registered landscape architect or certified nurseryperson. 9. All site signage shall comply with applicable provisions of the City Sign Code. 10. All trash and recyclable storage areas shall be contained within the buildings. Outside storage of trash and recyclables shall not be allowed. 11. All requirements set forth in Section 11.10, Subdivision 24 of the City Code shall apply to this Planned Development. The applicant shall submit detailed plans at the time of Pinal Planned Development demonstrating compliance with these standards. Aye: 5 Nay: 0 Councilmember Carlson moved, Counci1member Bakken seconded a motion to approve a Rezoning of approximately 1.5 acres from NB (Neighborhood Business) to PD (planned Development), located east of Pilot Knob Road between High-Site Drive and Marice Drive in the SW 1/. of Section 10. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINlITES; JUNE 5, 2000 PAGE 17 OU1S1 CONTRACT 00-09, RECEIVE BIDS/AWARD CONTRACT (V ARIOUS GOVERNMENT BUILDINGS - REROOFING) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada moved, Councilmember Carlson seconded a motion to receive the bids for Contract 00- 09 (munidpal Buildings - Re-roofing), award the contract to the lowest responsible bidders and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 City Administrator Hedges asked for clarification if the motion intended to adjust the 2000 General Fund with an increase of $50,000 for the Renewal and Replacement Fund. The Council responded in the affirmative. j,illlfiIDI_III"'_l..1 Mayor Awada gave a brief review of a meeting she had with the MVTA regarding signage. 1111I181[1111[1111I1 City Administrator Hedges discussed the upcoming League of Minnesota Cities conference to be held in St. Cloud June 13 - June 16, 2000. He stated that the high schools had been notified of the conference and students were encouraged to attend. The Council agreed that the City would pay the $35 fee for any student wishing to attend. Counci1member Masin moved, Councilmember Carlson seconded a motion that the City will pay the $35 fee for any student wishing to attend the League of Minnesota Cities conference to be held in St. Cloud on June 13 - June 16,2000. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Carlson seconded a motion to set a Spedal City Council meeting for June 8, 2000 at 12:00 noon, and to hold a Spedal Council meeting on June 20, 2000 at 5:00 p.m. Aye: 5 Nay: 0 1111D_ The meeting adjourned at 10:10 p.m. to an Executive Session to discuss Police Sergeant negotiations. Present were Mayor Awada and Councilmembers Blomquist, Masin, Carlson and Bakken, City Administrator Tom Hedges, and City Attorney Jim Sheldon. MLB JUNE 5, 2000 Date YIl~~rwJo Deputy City Clerk 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.