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02/05/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 5, 2002 A regular meeting of the Eagan City Council was held on Tuesday, February 5, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that item N under the Consent Agenda regarding a purchase agreement for 3816 Beau ?d Rue Drive will be continued to a future date. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS SWEARING IN OF POLICE OFFICER Police Chief Therkelsen introduced Officer Tim McCarthy and presented background information. Deputy Clerk McGarvey administered the Oath of Office to Officer McCarthy. 2001 YEAR IN REVIEW VIDEO The 2001 Year in Review segment of the January Community Journal program was shown. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the January 22, 2002 regular City Council meeting, the January 17, 2002 special City Council workshop and the January 15, 2002 special City Council meeting as presented. B. Personnel Items. None C. Check Registers. It was recommended to ratify the check registers dated January 31, 2002 and January 24, 2002. D. 2002 Meeting Procedures, It was recommended to approve the 2002 Agenda Form and Meeting Procedures. 02-08 E. Delegating Authority to Pay Claims. It was recommended to approve a resolution delegating authority to pay claims to an administrative official and approve related internal accounting and administrative control procedures related to claims payment. F. D.A.R.E. and Police Services Agreement. It was recommended to approve the annual D.A.R.E. and Police Liaison Services Agreement for the 2001-2002 school year with ISD 196. G. Final Plat. It was recommended to approve a Final Plat (Prowire Addition) consisting of one lot for property 02-9 located north of Diffley Road between Nicols Road and Highway 77 in the SW ¼ of Section 19. H. Project 858. It was recommended to receive the Draft Feasibility Report for Project 858 (Sibley Terminal Industrial Park ? Storm Sewer Improvements) and schedule a public hearing to be held on March 4, 2002. I. Contract 02-02. It was recommended to approve the plans and specifications for Contract 02-02 (Cedar Cliff / th Mari Acres / River Hills 9 / Post / Rustic Hills and Oster Additions ? Street Improvements) and authorizes the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 28, 2002. J. Contract 02-03. It was recommended to approve the plans and specifications for Contract 02-03 (Ches Mar / th Ches Mar East / Pak Chase 6 / Parkcliff and Woodgate Additions ? Street Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, February 28, 2002. K. Contract 01-08. It was recommended to approve Change Order #1 to Contract 01-08 (Well #20) and authorize the Mayor and Clerk to execute all related documents. Eagan City Council Meeting Minutes February 5, 2002 Page 2 L. Project 813. It was recommended to authorize the preparation of a feasibility report for Project 813 (Central Parkway ? Streetscaping Improvements) by the City?s consulting engineering firm of SRF Consulting Group, Inc. M. Contract 02-06. It was recommended to receive the bids for Contract 02-06 (Well House #20/Pavilion ? Building Construction and Water Main Improvements), award the contract to Ebert Construction, for $455,610 (Base Bid of $454,400, Bid Alternate 2 of $1,210) and authorize the Mayor and City Clerk to execute all related documents. CONTINUED N. Purchase Agreement. Purchase agreement for 3816 Beau D Rue Drive. O. Community Center Bandshell. It was recommended to approve award of contracts for the construction of the Community Center Bandshell. P. JP-47 Water Quality Project. It was recommended to authorize request for bids to remove and dispose of alum sludge in City Pond JP-47. Q. Dakota County Sentence to Service Program. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to sign the appropriate documents. R. Moonshine Park. It was recommended to approve plans and specifications and authorize bids for Moonshine Park. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE APPEAL ? GERALD R. BULL City Administrator Hedges introduced this item regarding an appeal of a November 8, 2001 City Council action by Gerald Bull, 4557 Majestic Oaks Place. The action was to deny a 3.8% lot coverage variance on residential property located at 4557 Majestic Oaks Place. Senior Planner Ridley gave a staff report. Councilmembers Bakken and Carlson stated they had not changed their opinion regarding the variance. Councilmember Tilley questioned two other variances that Council approved previously. She stated she did not object to the variance. Councilmember Fields stated she had not changed her original opinion to deny the variance request. Councilmember Tilley moved to hear the appeal of Gerald Bull for a variance on residential property located at 4557 Majestic Oaks Place that was denied November 8, 2001. There was no second to the motion. Councilmember Bakken moved, Councilmember Carlson seconded a motion to deny the request for appeal by Gerald Bull based on past findings. Aye: 4 Nay: 1 Councilmember Tilley opposed. Councilmember Tilley left the meeting due to a previous commitment related to her employment. PROJECT 751R, DODD ROAD ? CLIFF ROAD TO BUTWIN ROAD STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street and utility improvements for Dodd Road ? Cliff Road to Butwin Road. Mark Hanson, Bonestroo Rosene Anderlik and Associates gave a staff report. Mayor Awada opened the public hearing. Three residents spoke. Their comments and concerns were in regard to street width, easements, and trails. Eagan City Council Meeting Minutes February 5, 2002 Page 3 There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the amended Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 857, SKYLINE ROAD TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding trail improvements on Skyline Road. City Engineer Russ Matthys gave a staff report. Mayor Awada opened the public hearing. Scott Thurston, representing residents in the area, explained that over 32 signatures had been obtained indicating willingness to pay a proportionate share of the assessable cost of the trail installation. After discussion among Councilmembers, staff and residents, it was agreed that the City would authorize the preparation of plans and specifications and get bids for the project after which the residents would collect the funds for the assessable cost of the project. At that time, Council would approve the project and waive assessments. Staff estimated a cost for the project could be determined in April. There being no further public comment, Mayor Awada closed the public hearing . Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 857 (Skyline Road ? Trail Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 OLD BUSINESS RECEIVE FINAL REPORT ? GOLF COURSE EXPLORATORY COMMITTEE City Administrator Hedges provided background information regarding the Golf Course Exploratory Committee. He introduced Steve Cox, Chair of the Golf Course Exploratory Committee who presented the final report of the Committee. Councilmember Carlson moved, Councilmember Fields seconded a motion to receive the final report of the Golf Course Exploratory Committee, concur that a golf course is not feasible on the subject site, the Golf Course Exploratory Committee be dis-banned, and a complete report be complied including all related reports, meeting minutes, correspondence, etc. Aye: 4 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to remove the moratorium immediately. Aye: 4 Nay: 0 Mayor Awada thanked the Golf Course Exploratory Committee for their work on this project. Councilmember Carlson thanked the property owners for their patience throughout the study. MODIFICATION OF CONDITIONS OF PRELIMINARY SUBDIVISION (SUMMIT HILL) DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding consideration of the removal of two conditions of the Preliminary Subdivision approval for the Summit Hill development located south of Diffley Road and east of Johnny Cake Ridge Road. The two conditions requested to be removed are as follows: Eagan City Council Meeting Minutes February 5, 2002 Page 4 th ? The developer shall provide a street stub to Outlot B, Mallard Park 4 Addition for future connection with development of that property. ? The 22 foot wide portions of the private street shall be signed ?no parking? Senior Planner Ridley gave a staff report. He recommended that the City reserve the right to post ?no parking? signs should parking on the street become a problem. Public Works Director Colbert addressed the need for a street stub to Outlot B to limit the number of direct accesses onto Johnny Cake Ridge Road and identify other possible options. Mark Parranto, applicant, discussed the potential of the roadway being turned into a one way street ending in a cul-de-sac or constructing a shared entrance centered on the property line. He stated he has concerns regarding the image of the neighborhood. Mayor Awada moved, Councilmember Bakken seconded a motion to remove the condition requiring ?no parking? signs, but reserve the right to install the signs should the need arise. Aye: 4 Nay: 0 After discussion with the Council and staff, Mr. Parranto withdrew the request for consideration of removing the condition requiring a street stub to the north. NEW BUSINESS ORDINANCE AMENDMENT SECTION 2.50 (ADVISORY COMMISSION AND COMMITTEES GENERALLY) City Administrator Hedges discussed this item regarding an ordinance amendment that pertains to the definition of a resident as it applies to commissions and committees. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an ordinance amendment to section 2.50 of the City Code regarding advisory commissions and committees generally. Aye: 4 Nay: 0 REQUEST FOR REVIEW OF SECTION 6.37 OF THE CITY CODE REGARDING WASTE HAULING AND LICENSING City Administrator Hedges introduced this item regarding a request by the Waste Reduction Advisory Commission for review of Section 6.37 of the City Code pertaining to licensing of waste haulers. Councilmembers and staff discussed the possibility that some residential waste hauler license holders are not actually picking up waste in residential areas. Discussion was also held regarding limiting the number of hauler licenses to be issued versus having an unlimited number of licensed haulers. Councilmember Carlson moved, Councilmember Fields seconded a motion to allow review of City Ordinance, Section 6.37, by the Waste Reduction Advisory Commission for development of recommendation of revisions. Aye: 4 Nay: 0 AMEND COMPREHENSIVE GUIDE PLAN ? SE EAGAN STUDY AREA City Administrator Hedges introduced this item regarding a draft land use plan for the Southeast Eagan Study Area located in Section 36. Senior Planner Ridley gave a staff report. Mayor Awada opened the floor for public comment regarding the west side of T.H. 3. Eagan City Council Meeting Minutes February 5, 2002 Page 5 Tony Gleekel, attorney representing Justman Freight Lines, acknowledged that his client?s existing use of the property is non-conforming and expressed support for the Advisory Planning Commission recommendation that the southern portion of the site currently zoned GB be rezoned and re-guided to Industrial and the northern portion of the property currently zoned R1 remain R1. Five residents in the area expressed their opposition to a change in the zoning of the property. Councilmembers Bakken, Carlson and Fields and Mayor Awada agreed that the property on the west side of T.H. 3 remain as it is currently guided, LD. Mayor Awada moved, Councilmember Carlson seconded a motion to lift the moratorium on the west side of Highway 3. Aye: 4 Nay: 0 Mayor Awada opened the floor for public comment regarding the east side of T.H. 3. Four property owners spoke, expressing their desire to have the property guided Retail Commercial. One property owner expressed his desire to have his property remain guided Industrial. One property owner spoke stating she prefers the property be zoned light industrial rather than retail commercial. After discussion, Mayor Awada and Councilmembers Carlson, Bakken and Fields agreed to support the Advisory Commission recommendation to guide the property Retail Commercial (RC). Mayor Awada moved, Councilmember Carlson seconded a motion to change zoning of land east of Hwy. 3 to retail commercial and direct staff to submit the proposed Comprehensive Guide Plan change to the Metropolitan Council. Aye: 4 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to lift the moratorium on the east side of Highway 3. Aye: 4 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT LANDFORM / SAMUEL KIM City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish an RC, Retail Commercial, land use guide plan designation upon approximately 7.7 acres of land located at 1560 Yankee Doodle Road, south of Yankee Doodle Road and east of Coachman Road, to be submitted to the Metropolitan Council for review and approval. Senior Planner Ridley gave a staff report. He stated that the Advisory Planning Commission recommended denial of the proposed amendment due to lake of development possibilities for the property. Josh Popehn, architect, representing Samuel Kim, discussed the requested change in land use. He stated the applicant intends to develop the northern portion of the property, and acknowledged that additional survey and engineering work will be necessary to determine whether the southern portion of the site is developable. Councilmembers and staff discussed the necessity for a conservation easement. Mr. Popehn, in light of his applicant?s lack of a development plan and the Council?s condition of a conservation easement, withdrew the application for a Comprehensive Guide Plan amendment. CONDITIONAL USE PERMIT ? ANCHOR BANK City Administrator Hedges introduced this item regarding a conditional use permit to allow a bank with a drive-through to be located at 1360 Duckwood Drive. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes February 5, 2002 Page 6 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a bank with a drive-through on Lot 1, Block 1, Frank?s Nursery and Crafts Addition, located at 1360 Duckwood Drive in the NW ¼ of Section 15 with the following conditions. Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder?s Office within 60 days of approval. 2. All other Conditional Use Permits previously issued for this property shall be terminated, with the exception of the permit for the pylon sign. 3. Landscaping shall be planted south of the drive-through to screen motor vehicle headlights from adjacent residential uses. 4. The teller address system shall not be audible from the adjacent residential properties. 5. Canopy light fixtures shall be recessed as to not create glare that is visible from adjacent residential properties. 6. All rooftop equipment shall be enclosed with materials compatible with the principal structure. 7. All new wall signage and pylon face changes shall require a permit prior to installation. 8. The anchor shall be relocated to meet the required minimum 10 foot setback. 9. The access closest to the northeast corner of the building shall remain open to ensure property traffic circulation and queuing for access to Duckwood Drive. CONDITONAL USE PERMIT ? QWEST WIRELESS SERVICES City Administrator Hedges introduced this item regarding a conditional use permit to allow construction of a 100 foot monopole telecommunications tower on property located at 3665 Sibley Memorial Highway. Senior Planner Ridley gave a staff report. Mayor Awada moved, Councilmember Fields seconded a motion to approve a conditional use permit to allow construction of a 100 foot monopole telecommunications tower on property located at 3665 Sibley Memorial Highway in the SW ¼ of Section 17, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole. The documentation shall be submitted with the building permit application. 3. The existing satellite dishes in the lease area shall be removed prior to construction of the tower. 4. The tower and acc4essory equipment building shall comply with the general standards outlined in City Code Section 11.10, Subdivision 31, F. 5. The equipment cabinet shall conform to the dimensional standards in the City ordinance (not exceeding 10 feet wide by 10 feet long by 5 feet high) and shall be painted to match the existing building. 6. The monopole tower shall be light blue or gray in color. 7. For security purposes, the climbing pegs shall be removed for the first 12 to 14 feet at the base of the tower. 8. A trash enclosure shall be constructed according to the standards in the City Code. ADMINISTRATIVE AGENDA RENAMING OF BEAU D? RUE DRIVE City Administrator Hedges asked the Council for clarification regarding the renaming of Beau D? Rue Drive in regard to notification of property owners. Councilmember Carlson stated the intent of the notice was to let the property owners know in advance that the name will change, not for further discussion of what the new name will be. Eagan City Council Meeting Minutes February 5, 2002 Page 7 Mayor Awada moved, Councilmember Carlson seconded a motion to direct staff to send out notices to property owners on Beau D?Rue that the street name will change effective July 1, 2002. SCHEDULE DATE FOR COUNCIL RETREAT Councilmember Carlson moved, Councilmember Fields seconded a motion to schedule a Council retreat for Monday, February 11, 2002 at 4:30 p.m. Aye: 4 Nay: 0 ADJOURNMENT The meeting adjourned at 10:50 p.m. into a meeting of the Economic Development Commission. _____________________________ ___________________________________ Date Deputy City Clerk VISITORS TO BE HEARD David Brunae, representing the committee to save Patrick Eagan Park discussed making the park a resource for generations to come. Elaine Ayre expressed her opinion regarding the recent discussions with Mary Jo Copeland regarding her proposed orphanage and the need for affordable housing. Margo Danner thanked the City Council for their decision regarding the proposed golf course. She also expressed appreciation to all the groups involved in the golf course study and the affected property owners. 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.