Loading...
09/17/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 17, 2002 A regular meeting of the Eagan City Council was held on Tuesday, September 17, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley (arrived at 6:40). 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 The following changes to the agenda were noted: ? Item D of New Business is being removed from the agenda; ? A discussion will be held under the Administrative Agenda regarding a Dakota County referendum for open space; ? Consideration of a change order for the bandshell will be added as item W of the Consent Agenda; ? Item Q is being pulled from the Consent Agenda ? Item R of the Consent Agenda is continued until the October 1, 2002 City Council meeting. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the September 3, 2002 regular City Council meeting, the September 3, 2002 Listening Session and the September 9, 2002 special City Council workshop as presented. B. Personnel Items. It was recommended to approve the hiring of Brad Champlin, Guy Dawson, Jeff Freeman and Ken Freeman as part-time seasonal football officials. C. Check Registers. It was recommended to ratify the check registers dated September 5, 2002 and September 12, 2002 as presented. D. Suburban Transit Association Bylaws. It was recommended to approve a resolution authorizing changes to the Suburban Transit Association bylaws. E. Reservation of General Fund Balance. It was recommended to approve reservation of $2,335,000 of the General Fund balance for retirement of the 2000 EDA bonds. F. Change Order ? Moonshine Park. It was recommended to approve change order number 1 of the Moonshine Park project, access road and trail at a total of $23,226.01. G. Final Blue Cross Blue Shield Minnesota AUAR and Mitigation Plan. It was recommended to approve final BCBSM AUAR and Mitigation Plan for distribution. H. Wine and Beer License. It was recommended to approve a wine and beer license application for Jesimo, Inc. dba Eagan Steak House. I. Change Orders ? Campus Generator. It was recommended to approve Change Order #1 and Change Order #2 related to Eagan Contract #98-14 (revised 10/01). J. Right-of-way Vacation. It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on October 15, 2002. K. Traffic Signal Agreement. It was recommended to approve the traffic signal agreement with MNDOT for the installation of a traffic signal and associated signal interconnection systems at Trunk Highway 55 and Eagandale Boulevard. L. MNDOT Speed Studies. It was recommended to approve a resolution requesting MNDOT speed th studies for Dodd Road from Wescott Road to Diffley Road, and from Cliff Road to 120 Street. A typographical error in the packet regarding the design speed for Dodd Rd. south of Cliff was corrected from ?35? mph to ?30? mph. M. Project 866. It was recommended to approve an agreement with Xcel Energy under Project 866 (Cedar Grove Redevelopment Area ? Streetscaping Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Project 856. It was recommended to receive the Final Assessment Roll for Project 856 (Ches Mar Additions ? Street Overlay) and schedule a public hearing to be held on October 15, 2002. Eagan City Council Meeting Minutes September 17, 2002 Page 2 O. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility th easements for Lot 22, Block 3, Lexington Square 7 Addition and schedule a public hearing to be held on October 15, 2002. P. Contract 01-05. It was recommended to approve Change Order No. 1 to Contract 01-05 (Cedar Grove Access Reconfiguration ? Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. ITEM PULLED FROM THE AGENDA R. Consideration of the Police Services Agreement with Minneapolis CONTINUED UNTIL OCTOBER 1 S. Project 852. It was recommended to receive the Final Assessment Roll for Project 852 (Post Addition / Rustic Hills Drive / Oster Addition ? Street Overlay) and schedule a public hearing to be held on October 15, 2002. T. Holz Farm. It was recommended to authorize proceeding with master planning for Holz Farm. U. Final Subdivision. It was recommended to approve a Final Subdivision to create two lots on 6.6 acres located north of Cliff Road and west of Rahn Road across from the Cliff Lake Centre Shopping Center in the SW ¼ of Section 29. V. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision to create six lots on 4.3 acres located at the northwest corner of Thomas Lake Road and Cliff Road, in the SW ¼ of Section 28. W. Change Order. It was recommended to approve a change order for the band shell to add a clock. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda. Aye: 4 Nay: 0 PUBLIC HEARINGS RD VARIANCE ? WOODGATE 3 ADDITION City Administrator Hedges introduced this item regarding a blanket deck setback variance request for rd Woodgate 3 Addition. Senior Planner Ridley gave a staff report and recommended that due to lack of information from the applicant regarding existing structure setbacks, the public hearing be continued to the October 15, 2002 Council meeting. The applicant briefly discussed the request for a blanket variance. Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue the public hearing rd to consider a variance for Woodgate 3 Addition to October 15, 2002. Aye: 5 Nay: 0 TH PROJECT 794, RIVER HILLS 9 ? STREET RESURFACING FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 794, River th Hills 9 Addition street resurfacing. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment th roll for Project 794 (River Hills 9 ? Street Resurfacing) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Council directed staff to identify the number, locations and cost to install signs denoting the entrance into the City of Eagan on all City streets. Eagan City Council Meeting Minutes September 17, 2002 Page 3 PROJECT 795, BEACON HILL / BRITTANY ADDTIONS JOHNNY CAKE RIDGE ADDITION / COVINGTON LANE ? STREET OVERLAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding Project 795 final assessment roll. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 795 (Beacon Hill / Brittany Additions / Johnny Cake Ridge Additions / Covington Lane ? Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 RIGHT-OF-WAY VACATION, VARIANCE AND CONDITIONAL USE PERMIT ? WAJCO, INC. City Administrator Hedges introduced this item regarding a request of right of way vacation, a Conditional Use Permit to operate a car wash and Variances to allow existing nonconforming parking and signage setbacks on property located at 4205 Nicols Road. Senior Planner Ridley gave a staff report regarding the variance and conditional use permit requests. Public Works Director Colbert discussed the right-of-way vacation request and related right of way dedication requirement from Dakota County for the platting of this property. Councilmembers discussed potential future issues should this vacation be approved. The applicant discussed the need for the additional parking spaces for his business. After discussion with Council and staff, the applicant requested the public hearing be continued to allow additional review with his architect, City staff and the adjacent property owner. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue the public hearing until October 1, 2002 Aye: 5 Nay: 0 OLD BUSINESS RECEIVE BIDS AND AWARD SALE OF $3,550,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A, AND $1,290,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002B City Administrator Hedges introduced this item regarding awarding the sale of $3,550,000 General Obligation Improvement Bonds and $1,290,000 General Obligation Refunding Bonds. Dave McGillvary, Springsted, made a presentation.. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a resolution awarding the sale of $3,550,000 General Obligation Improvement Bonds, Series 2002A. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a resolution awarding the sale of $1,290,000 General Obligation Refunding Bonds, Series 2002B. Aye: 5 Nay: 0 ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11 of the Eagan City Code regarding a complete update of Chapter 11 entitled ?Land Use Regulations (Zoning)?. Senior Planner Ridley gave a staff report. Councilmember Carlson and other Councilmembers asked that the minutes reflect the Councils? desire that the R-1S zoning is largely intended for downzoning. It was also noted that other scenarios include areas with significant slopes, woodlands, or wetlands. Eagan City Council Meeting Minutes September 17, 2002 Page 4 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Zoning Ordinance Amendment to Chapter 11 entitled ?Land Use Regulations (Zoning)?. Aye 5 Nay: 0 AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON JOINT AIRPORT ZONING BOARD City Administrator Hedges introduced this item regarding the recommendations of the Eagan Airport Relations Commission related to the MSP Joint Airport Zoning Board. Assistant City Administrator Verbrugge made a presentation. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the recommendations of the Eagan Airport Relations Commission related to the MSP Joint Airport Zoning Board as follows and direct staff to prepare written comments. Aye: 5 Nay: 0 ? The City should support the Minnesota Department of Transportation proposal for no changes in boundaries, height restrictions or the land use provisions in the present law and that engine-out criteria be added to the statute. ? The City should support the maximum safety provisions of the law and, therefore: 1) The provisions of the law should apply to all runways at all times and there should be no erosion of the protection based on use or other mitigating circumstances. 2) Engine-out criteria should be applied to all runways; and 3) HNTB (technical planning consultant to MAC) to research on engine-out accident/incident and directional control of aircraft and possibly expand engine-out criteria beyond the limits of the present RPZ and state zones 1 and 2. NEW YORK AVENUE / VENTNOR AVENUE ?PERMIT PARKING ONLY? SIGN PETITION City Administrator Hedges introduced this item regarding an original petition from 25 residents representing 20 properties adjacent to New York Avenue and Ventnor Avenue requesting the installation of street signage on the entire length of both streets expanding the current prohibition on parking during the normal school day. Public Works Director Colbert gave a staff report on the results of a neighborhood meeting regarding this original request and a follow up revised petition. He stated there is not solid neighborhood consensus on the revised petition. Dave Rosati, 4140 New York Avenue discussed the current parking situation during school events in his neighborhood. He thanked Councilmembers Carlson and Fields for observing the situation during a recent evening school event. Councilmembers discussed potential solutions to the parking issue, including working with the school district. Councilmember Bakken suggested continuing consideration of the request to allow time for additional research and possible solutions. Councilmembers directed staff to send a letter to the entire neighborhood informing residents of the issue along with possible proposals by the Council asking residents to indicate their opinion. They also discussed the possiblitiy of a meeting with the Superintendent of Streets to review the permit process for the ?bagging? of parking signs. Mayor Awada moved, Councilmember Carlson seconded a motion to receive the petition and continue consideration of the installation of full time ?Permit Parking Only? signs on New York Avenue and Ventnor Avenue. Aye: 5 Nay: 0 CONSIDER RESOLUTION APPROVING DEVELOPMENT AGREEMENT City Administrator Hedges introduced this item regarding a development agreement with Interstate Partners LLC for redevelopment in Tax Increment Financing Redevelopment District #2-4 in the area of Highway 55 and Highway 149. Assistant City Administrator Verbrugge gave an overview of the development agreement. Greg Miller representing Interstate Partners addressed the Council regarding plans for the proposed business park. Eagan City Council Meeting Minutes September 17, 2002 Page 5 Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt a resolution approving a development agreement with Interstate Partners LLC. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION (GRAND OAK FOUR) INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a preliminary and final subdivision to create three lots on 26.35 acres located at 860, 880 and 930 Blue Gentian Road. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary and Final Subdivision (Grand Oak Four) to create three lots on 26.35 acres located at 860, 880 and 930 Blue Gentian Road, in the NE ¼ of Section 2 subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. This development shall accept the City?s determination of responsibility and costs of $3,570.00 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998. The financial obligation shall be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. 3. Landscaping shall be installed according to the landscape plan dated September 15, 2002, with the addition of more landscaping along Blue Gentian Road to provide better parking lot screening from the public right-of-way. Additionally, if the proof of parking areas are installed in the future, the islands shall be landscaped similar to the other islands on the site. REZONING, PRELIMINARY SUBDIVISION, AND WAIVER OF PLAT ND (NATURE?S EDGE 2 ADDITION) ? MANLEY LAND COMPANY City Administrator Hedges introduced this item regarding a rezoning to change the zoning of 2,270 square feet from A (Agriculture) to R-1 (Residential Single Family); a preliminary subdivision to create three single-family lots; and a waiver of plat to subdivide a two-acre parcel into two parcels without a plat. Senior Planner Ridley gave a staff report. Mr. Manley, the applicant, answered questions from the Council regarding the trail connection from McFadden Trail to the County Park that hasn?t been installed yet. The developer stated that the Advisory Parks and Recreation Commission has restated their requirement for this trail connection and he committed to working with the property owners on this issue. The Council stated their desire to have this trail installed yet this fall. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a rezoning to change the zoning of 2,270 square feet from A (Agriculture) to R-1 (Residential Single Family). Aye: 4 Nay: 0 Fields abstained. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary nd Subdivision (Natures Edge 2 Addition) of approximately 1.5 acres to create three single-family lots located at the end of Rosa Court in the NW ¼ of Section 36 subject to the following conditions: Aye: 4 Nay: 0 Fields abstained 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3, 4; C1, 2, 3, D1; E1 2. The property containing the three lots shall be platted. 3. The applicant shall receive a permit prior to the demolition of structures on site. 4. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards as part of this development. 5. Easements for the monument signs shall not conflict with City easements. The developer shall prepare documents for the monument sign easements and submit them to the City Attorney for review prior to Eagan City Council Meeting Minutes September 17, 2002 Page 6 Final Subdivision approval. he applicant shall obtain separate sign permits prior to the installation of the entrance monument signs. 6. Lots 1 and 2, Block 1, shall comply with applicable standards of the Shoreland ordinance. 7. The applicant shall install tree mitigation according to the City of Egan Tree Preservation Ordinance. Mitigation is calculated to be 14 Category A, or an equivalent of Category B or C trees. 8. The developer shall install Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The developer shall contact the City Forestry Division to set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 10. The subdivision shall be subject to cash park and trail dedication. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Waiver of Plat to subdivide a two-acre parcel into two parcels without a plat. Aye: 4 Nay: 0 Fields abstained ORDINANCE AMENDMENT ? ZONING MAP UPDATE City Administrator Hedges introduced this item regarding a zoning map update incorporating recommended rezonings as part of the Comprehensive Planning processing. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the publication of the Zoning Map of the City of Eagan, Minnesota incorporating recommended rezonings as part of the Comprehensive Planning process, approved rezonings since the last map update, and administrative changes. Aye: 5 Nay: 0 Direction was given to staff to proceed with providing recommendations regarding marketing the City- owned property located at Diffley Road and Highway 3 as neighborhood business zoning. ADMINISTRATIVE AGENDA A discussion was held regarding a proposed referendum for open space acquisition by Dakota County. Staff was directed to write a letter to Dakota County requesting information regarding allocation of bond proceeds across the County. ADJOURNMENT The Mayor called a recess at 9:45 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:50 p.m., concluded the cable broadcast portion and introduced ?Visitors to be Heard?. There being no public comment, the Council meeting was adjourned at 9:50 p.m. The Council then retired into a Closed Session to consider pending litigation. _____________________________ ___________________________________ Date 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.