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05/18/1999 - City Council Regular 00146 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 18, 1999 A regular meeting of the Eagan City Council was held on Tuesday, May 18, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Mayor Awada said that Legislative/Intergovernmental Affairs and the Administrative Agenda would be considered following Department Head Business. City Administrator Hedges noted that the following was being added to the Consent Agenda as Item R - Joint Powers Agreement combining the South and East Metro Drug Task Forces and authorizing submission of a preliminary budget for the year 2000. Councilmember Bakken moved, Mayor A wada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 26, 1999 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE MAY 4, 1999 REGULAR MEETING Mayor Awada requested that the first and second sentences in the fifth paragraph on page 17 be changed as follows, "Mayor Awada said that there were a few changes she had to the process and it was her understanding that they were incorporated in the minutes of the Special City Council meeting of April 6. She added that she did not suggest any changes to the policy." Councilmember Blomquist referenced the third paragraph on page 11 with regard to Project 749 (Hwy. 55 South Frontage Road - Street Improvements). She said that if she had been aware that acquisition of rights-of-way through the condemnation quick take method had been included as part of the motion, she would have voted against the motion. Councilmember Bakken requested that the first sentence in the eighth paragraph on page 17 be changed as follows, "Councilmember Bakken said he thought the Council had agreed to eliminate the Round Table since discussion often becomes unstructured and actions are occasionally taken regarding matters that have not been appropriately scheduled on the agenda or noticed to the public." Councilmember Bakken moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS NORTHVIEW PARK ROAD EXTENSIONjUNITED METHODIST CHURCH City Administrator Hedges provided an overview and noted that the City Council had discussed this item at the Special City Council meeting earlier in the evening. He further noted that they were in agreement with Option C as identified in the May 13 memo prepared by Director of Parks and Recreation Vraa. EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999 PAGE 2 00147 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the extension of Northview Park Road to the west of Lexington Avenue into Patrick Eagan Park and to approve an agreement for a shared parking lot, (per Option C of the May 13 memo prepared by the Director of Parks and Recreation), with Advent United Methodist Church. Aye: 5 Nay: 0 CONSIDER DATE FOR GRAND OPENING/CASCADE BAY City Administrator Hedges provided an overview on this item. Mayor Awada mentioned that Byerly's would be donating all the food for the Recreation Scholarship Fund Event. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the new date for the Recreation Scholarship Fund for the Eagan Youth event as June 17 and the official Grand Opening of Cascade Bay to be scheduled for the weekend beginning Friday, June 18. Aye: 5 Nay: 0 LEGISLATIVF/lNTERGOVERNMENT AL AFFAIRS City Administrator Hedges said that as soon as information is received from the AMM, MLC and LMC regarding how the legislative session will impact the City of Eagan, a synopsis will be prepared and distributed to the Council. ADMINISTRATIVE AGENDA CITY CONTRACT 99-05, JOHNNY CAKE RIDGE ROAD, PRIVATE PROJECT 98-PP OAKBROOKE ADDITION Director of Public Works Colbert provided an overview on this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the request for extended operating hours for Ryan Contracting Co., from 7:00 a.m. to 8:30 p.m., Monday through Friday, except for legal holidays, until September 1, 1999. Councilmember Masin asked if a condition could be added that would provide the City with the option to terminate the extension of operating hours if excessive complaints ar~ received. Councilmember Bakken said that the City has the ability to terminate the extension of hours and that no additional language is necessary. A vote was taken on the motion. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS Councilmember Masin mentioned that some of the residents living adjacent to Cascade Bay are experiencing problems associated to the public's desire to see the construction progress. City Administrator Hedges added that the public is utilizing Windcrest Avenue for sightseeing purposes. He mentioned that a barricade would be installed at Windcrest Avenue and Windcrest Court, in addition to the installation of signage requesting sightseeing occur from the Municipal Center parking lot. He also mentioned that police patrol would be increased in an effort to mitigate the problem. CONSENT AGENDA A. Personnel Items EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999 PAGE 3 00148 Item 1. It was recommended to approve the appointment of Mary Ann Olson as the Special Assessment/Utility Billing Clerk. Item 2. It was recommended to approve the hiring of Robert Dostalek as the temporary Planning Intern/Weed Inspector. Item 3. It was recommended to approve the hiring of Elizabeth Porter as a seasonal Engineering Aide for Central Services Maintenance. Item 4. It was recommended to approve the hiring of Shawn Strong as a temporary full-time GIS Intern. Item 5. It was recommended to approve the hiring of Teddy Ewer as the seasonal Water Resources Assistant. Item 6. It was recommended to approve the hiring of Margoretta Farnham as a seasonal Horticultural Technician. Item 7. It was recommended to approve the hiring of Carrie Peterson as a seasonal Guest Relations Shift Leader for Cascade Bay. Item 8. It was recommended to approve the hiring of Jessica Cargill as a seasonal Concessions Supervisor for Cascade Bay. Item 9. It was recommended to approve the hiring of Jesse Viall as a seasonal Assistant Maintenance Manager for Cascade Bay. Item 10. It was recommended to approve the hiring of Patricia Malone, Erin Boufford, Candace Schensted, Katie Hughes, Rebecca Ziegler and Erik Maland as seasonal Lifeguard Shift Leaders for Cascade Bay. Item 11. It was recommended to approve the hiring of Ann Morin-Skumatz as a part-time Team Leader/Personal Relations for Cascade Bay. Item 12. It was recommended to approve the hiring of Kathryn Haseman, Keri Ragsdale, Christin Weggemann, Danielle Hassett, Megan Lostetter, Melissa Mariner, Tammy Macht, Kevin Grech, Stacey Folden, Nicole Tatnode, Becky Gorden, Douglas Franzen, Jr., Shannon Dunleavy and Kari Maland as seasonal Lifeguards for Cascade Bay. Item 13. It was recommended to approve the hiring of Tiffany Burrows, Danny Kriha, Benjamin Elton, Ryan Vanderlugt, Lindsey Dulin, Kayt Dowling and Liz Mundahl as seasonal Guest Relation Workers for Cascade Bay. Item 14. It was recommended to approve the hiring of Jennifer Lopac, Kim Tatera, Megan Lindwall and Daniel Kasterek as seasonal Concessionaires for Cascade Bay. Item 15. It was recommended to approve the hiring of John O'Toole, Ryan Hauenstein, Darel Isebrand, Jill Isebrand and Jacob Loesch as seasonal Park Maintenance Workers. Item 16. It was recommended to approve the hiring of Andrea Mater as a seasonal Park Attendant. Item 17. It was recommended to approve the hiring of Tamara Johnson and Jennifer Rasmussen as seasonal Recreation Leaders. Item 18. It was recommended to approve the hiring of Catherine Hilleque as a seasonal Skating Coach. EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999 PAGE 4 00149 Item 19. It was recommended to approve the hiring of Christopher Bunljer and Christina Wydeven as seasonal Concession Workers for the Northview concession operation. Item 20. It was recommended to accept the resignation of Engineering Technician Mike Maddio. Item 21. There is no action required for this item. For information only, the name of the person hired for the Water Resources Coordinator is Eric Macbeth. Item 22. It was recommended to accept the letter of resignation from Administrative Intern Heidi Rathmann. B. Approve resolution of support MAC Noise Ordinance. It was recommended to approve the 99 - 3 3 recommendation from the Airport Relations Commission to support, by resolution, the Metropolitan Airports Commission's proposed noise ordinance. C. Implementation, Comprehensive Guide Plan Amendment/Rezoning, implementation of a D-l, Single Family Residential Land Use Guide Plan designation and a Planned Development (PD) zoning designation upon 4.0 acres of excess T.H. 77 right-of-way located south of Cliff Road and west of Nicols Road in the NW % of Section 31. It was recommended to implement a Comprehensive Guide Plan Amendment establishing a D-l, Single Family Residential Land Use Guide Plan designation and a Planned Development (PD) zoning classification upon 4.0 acres of excess T.H. 77 right-of-way located south of Cliff Road and west of Nicols Road in the NW % of Section 31. D. Final Subdivision (Kwik Trip Eagan Addition) Kwik Trip, Inc. It was recommended to approve a 99 - 31 Final Subdivision (Kwik Trip Eagan Addition) to create two lots and one outlot on approximately 10 acres, located south of Starks cafe, abutting the west side of Highway 149 in the NW % of Section12. E. Final Subdivision (Southern Lakes West) Springbrook Corporation. It was recommended to approve 99-30 the Final Subdivision (Southern Lakes West) consisting of 15 lots located in the southeast 1/4 of Section 25. F. Confirmation of Findings of Fact, Conclusions & Resolution of Denial, Vision Technologies. It was recommended to confirm the Findings of Fact, Conclusions & Resolution of Denial of the Variance request by Vision Technologies located at 3900 Sibley Memorial Highway. 99-34 G. Project 778, authorize funding application (Hwy. 149 - Street Improvements). It was recommended to authorize SRF Consulting Group to prepare an application for Federal funding through the Surface Transportation Program (STP) of the Transportation Efficiency Act (TEA 21) for Project 778 (Hwy. 149 Upgrade). H. Project 99-E, approve resolution, turnback of T.H. 55 right-of-way (Oakview Center). It was recommended to adopt the resolution approving the turnback of a portion of Trunk Highway 55 right-of-way, east of the southerly intersection with Trunk Highway 149, from the Minnesota Department of Transportation (MnDOT) to the City of Eagan. I. Contract 99-06, receive bids/ award contract (Duckwood Estates & Trail). It was recommended to receive the bids for Contract 99-06 (Duckwood Estates and Duckwood Trail- Street Improvements), award the contract to McNamara Contracting, Inc., for the Base Bid in the amount of $165,302.75, and authorize the Mayor and City Clerk to execute all related documents. J. Project 709R, approve resolution, layout approval IT.H. 13 Upgrade). It was recommended to adopt 99 - 2 8 the resolution approving the preliminary layout of Trunk Highway 13, from Silver Bell Road to EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999 PAGES 001.50 Yankee Doodle Road, as prepared by SRF Consulting Group, Inc. and on file in the Office of the Minnesota Department of Transportation. K. Receive petition/ order public hearing, easement vacation, Advent United Methodist Church. It was recommended to receive the petition to vacate a public easement and schedule a public hearing to be held on June 15, 1999. L. Receive petition/ order public hearing, easement vacation, Preusse 2nd Addition. It was recommended to receive the petition to vacate public right-of-way (Preusse 2nd Addition) and delay the scheduling of a public hearing for the proposed easement vacation until the completion of the redevelopment study for the Cedar Avenue and Trunk Highway 13 Area. M. Contract 98-17, approve Change Order No.1, (Country Home Heights). It was recommended to approve Change Order No.1 to Contract 98-17 (Country Home Heights - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Final Subdivision (Townplace Suites Addition) CSM Corporation. It was recommended to approve 99 - 27 the Final Subdivision (TownPlace Suites Addition) consisting of 2 lots located in the southeast 1/4 of Section 16. O. Final Plat, (Starks Addition) Gary Starks. It was recommended to approve a Final Plat (Starks Addition) consisting of one lot at 3125 Dodd Road in the NW 1/4 of Section 12. 99-29 P. Change Order No.6, Cascade Bay. It was recommended to approve Change Order No.6 in the amount of $13,943.00. Q. Final Subdivision (Pinetree Pass 4th Addition) Lundgren Bros. It was recommended to approve a 99 - 3 2 Final Subdivision (Pinetree Pass 4th Addition) consisting of twenty single family lots located in the NE 1/4 of Section 33. R. Joint Powers Agreement combining the East and South Metro Drug Task Forces and authorizing submission of a preliminary budget for the year 2000. It was recommended to approve the Joint Powers Agreement combining the East Metro Drug Task Force and the South Metro Drug Task Force and authorize submission of the preliminary budget for the year 2000. In regard to Item C, Implementation, Comprehensive Guide Plan Amendment/Rezoning, implementation of a D-l, Single Family Residential Land Use Guide Plan designation and a Planned Development (PD) zoning designation upon 4.0 acres of excess T.H. 77 right-of-way located south of Cliff Road and west of Nicols Road in the NW 1/4 of Section 31, Councilmember Masin asked for clarification regarding the preservation of the existing buffer. Councilmember Carlson stated that the Planned Development zoning classification provides the Council with greater development control. Mayor Awada said that it should be noted that the existing trees are to remain on the site between the freeway and the neighborhood and further said this should be specified in the Planned Development Agreement. Senior Planner Ridley stated that the developer would be required to incorporate this request on the site plan. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS City Administrator Hedges mentioned that Metropolitan Council representative Carolyn Rodriguez would like to meet with the City Council at a future Special City Council meeting. Councilmembers Blomquist and Carlson said that this meeting should be televised. It was decided that EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999 PAGE 6 00151 the Special City Council meeting would be scheduled for June 1 beginning with discussion about the street reconstruction policy at 4:30 p.m. to be followed by discussion with Ms. Rodriguez at 5:30 p.m. Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a Special City Council meeting for June 1, 1999 at 4:30 p.m. Aye: 5 Nay: 0 ROUND TABLE Councilmember Masin mentioned that she attended the Center for Transportation Studies' Annual Meeting and said the speaker discussed America's dependence on automobiles in comparison to other countries and presented transportation alternatives to the automobile. Mayor Awada recessed the meeting at 6:55 p.m. She reconvened the meeting at 7:00 p.m. PUBLIC HEARINGS VARIANCES - THE ADKINS ASSOCIATION INC. FOR U.S. WEST City Administrator Hedges provided an overview on this item. He said that the applicant would notify the City when they are ready to proceed with the variance request. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the continuation of a request for Variances for 1) 42% building coverage which exceeds the 35% maximum; 2) to allow 7 parking stalls instead of the required 27 stalls; and 3) to allow a zero parking lot setback to the Lone Oak Road right-of-way, all on property located at 1075 Lone Oak Road, legally described as Lot 2, Block 1, Bell Lexington Addition, in the SW 1/4 of Section 2 indefinitely. Aye: 5 Nay: 0 VARIANCE - JAMES AND DEBRA BURNS, 4969 PINE LANE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a 2 percent Variance to the maximum 20 percent lot coverage requirement applied to Lot 10, Block 1, Pinetree Forest located in the SE 1/4 of Section 26. 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. Mayor Awada asked the applicants if they were aware that the outlot to the south of their property may be used for a through street. The applicants indicated that they were aware of this possibility. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 717R, FINAL ASSESSMENT HEARING (COUNTRY HOME HEIGHTS - STREET IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the final assessment roll for Project 717R (Country Home Heights - Street Improvements) and authorize its certification to Dakota County for collection. EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999 PAGE 7 00152 Mayor A wada opened the public hearing to anyone wishing to speak. Bud Lutz, 2960 Egan Avenue, asked how much of the cracked curb was going to be replaced. He also mentioned that there is a dip in the road near Egan and Burnside Avenues. He stated that there is an open storm sewer pipe without a cover. He inquired if a stop sign was going to be installed at Egan and Burnside Avenues. Director of Public Works Colbert stated that the all the cracked curbing would be repaired and further stated that a trash guard cover would be installed within the next two weeks. He added that the stop sign would be installed at the intersection of Egan and Burnside Avenues upon completion of the improvement project. There being no one else wishing to speak, Mayor A wada closed the public hearing. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) NEW BUSINESS PRELIMINARY SUBDIVISION & VARIANCE - DUKE REALTY (APOLLO BUSINESS PARK) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He commented on the Advisory Parks Commission's recommendation regarding tree removal and mitigation. Councilmember Bakken asked if the Advisory Parks Commission's and Advisory Planning Commission's recommendations were compatible. Senior Planner Ridley stated that the appropriate conditions will be reflected in the City Council minutes. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision to create two lots and one outlot, with Variances to create parcels without public street frontage and for zero pavement setback on side yards to allow for shared loading areas, on property located on the south side of Apollo Road east of Neil Armstrong Blvd. in the north 1/2 of Section 12, subject to the following conditions: General 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Bl, B2, B4, Cl, C2, C4, Dl, and El 2. The property shall be platted. 3. Unless otherwise granted by variance, all structures must satisfy the required minimum setbacks for the 1-1 zoning district. Landscape 4. The final landscape plan shall be revised to eliminate off-site landscaping. Grading/Drainage 5. The final grading plan shall be revised to reflect graded slopes of 3:1 or gentler. EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999 PAGE 8 00153 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control standards. 7. The design and construction of the storm water pond (Pond EP-11) shall provide for a minimum one-foot elevation difference between the pond's calculated high water level and the top of the berm surrounding the pond. Water Ouality 8. The development shall meet its water quality mitigation requirement through a combination of ponding and cash dedication. Ponding shall consist of the construction of Pond EP-11 and the cash dedication is based on the impervious characteristics of the developed lots and the affected downstream waterbodies and is anticipated to be in the amount of $17,700. 9. The proposed ponding area shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .52 acres and 1.3 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins. Utilities 10. The developer shall provide verification that the private systems were constructed to City standards for public utilities (including appropriate industry standard test results, televising reports, specifications and as-built record plans). If the utilities are not to City public standards, the development's water main and sanitary sewer systems shall be connected to the public utility system within Apollo Road. 11. To maintain access to the proposed water main pipe along the west edge of the site, large- growth landscaping shall not be placed within the drainage and utility easement area over this pipe. Streets/ Access/Circulation 12. The site plan shall be adjusted so that the private drive is located entirely within this development site. Easements /Permits / Right-of-Way 13. The developer shall prepare private ingress/egress easements for Lot 2 over Lot 1, and for Outlot A over Lots 1 and 2, as well as ingress/egress easements for this site and the adjacent lot to the east (Lot 2, Block 1, Apollo Addition) to allow access and circulation between the developments. These easement documents shall be submitted for review and approval by the City Attorney prior to final plat approval. 14. The developer shall obtain drainage and utility easements for the portions of the utility lines (sanitary sewer and water main) on Lot 1, Block 2, Apollo Addition, which will become public with connection by this development. Tree Preservation 15. Tree mitigation shall be provided as recommended by the Advisory Parks Commission as follows: EAGAN CITY COUNCIL MEETING MINUTES; MAY 18, 1999 PAGE 9 001.54 . 208 trees (equivalent to 280 Category B trees) shall be installed on four Duke properties as follows: . 23 trees at the Sibley Industrial Center - Seneca Road . 157 trees at Yankee Place - Highway 13 and Yankee Doodle Road . 10 trees at Sibley II - Alexander Road . 18 trees at Sibley I - Alexander Road . A Cash mitigation payment in the amount of $30,000 shall be provided. (Amount equivalent to 100 Category B trees) . Balance of tree mitigation (equivalent to 92 Category B trees) shall be fulfilled through planting of remaining trees in public areas in the spring of 2000 . Wood mulch, produced from the processing of removed trees at the development site, shall be supplied to the City of Eagan and delivered to the storage site located at Nicols Road just north of Hwy. 13. (This offer is not included as part of the tree mitigation for this site.) 16. A Final Tree Mitigation Plan indicating location, quantity, size and species of mitigation plant materials, as well as the timing of reforestation efforts, and/ or any cash mitigation amount, be submitted for review and approval by the City Forester prior to issuance of a grading permit and commencement of any grading activities on the site. 17. This development shall be subject to cash park and trail dedications. The 1999 rates for these dedications are $3,376.00 per acre and $920.00 per acre. Variance 1. The access drive serving Lot 2 and Outlot A shall be accommodated entirely within this development site, and not across the lot line onto Apollo Addition. Kevin Maas, representing Duke Realty, said that they are excited about the Eagan. A vote was taken on the motion. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 7:15 p.m. May 18, 1 999 Date MLK If you need these minutes in an alternative form such as large print, BraiIIe, 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.