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12/18/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 18, 2001 A regular meeting of the Eagan City Council was held on Tuesday, December 18,2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. Mayor Awada noted that Councilmember Carlson would be arriving later in the meeting. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the December 11, 2001 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the following: a) For regular non-collective bargaining employees, a compensation rate increase of 3.5% across the board effective January 1,2002. b) With the exception of election judge rates and seasonal and temporary Parks and Recreation employees, compensation rates for temporary, non-collective bargaining employees also will be increased by up to 3.5%. c) Car expense allowances for the City Administrator and Department Heads will be increased by 3.5%. d) Mileage will be set at the IRS amount (the 2001 amount is 36.5). If the IRS increases or decreases this amount, the City's amount will automatically adjust to the new IRS rate. e) The City's contribution for family health insurance premiums will increase by $41.56 per month 2. It was recommended to approve the hiring of Colleen Callahan as Youth Development Coordinator. 3. It was recommended to approve the hiring of Mike Lence as Senior Building Inspector. 4. It was recommended to approve the hiring of Mark Adrain, Rebecca Bates, Chris Bates, Lucas Behnke, Sara Bergherr, Dan Bjerke, Andy Bjorge, Wayne Bruestle, Nick Callahan, Anthony David, Laruen Deiman, Alex Doneshefsky, Corry Freeman, Kyle Fritze, Michael Grieger, Paul Hirte, Kevin Hannon, Brad Harberts, Derek Harmon, John Hayden, Mike Kabakov, Ben Kelley, Diane Kiline, Ben Koenke, Melissa Kuckler, Alexander Lano, Doug Lindow, Sara Linnenkamp, Peter Loosbrock, Mike Mason, Lynn Matty, Kyle Manikowski, Ryan Moy, David Nelson, Jonathan Phillips, Lindsay Pickerll, Chris Pittelkow, Dan Robillard, Jenny Rummel, Maya Schwartz, Erin Severson, Linsay Severson, Jon Steining, Brennan Squires, Jeanne Stafford, Mara Taney, Ross Tervola, Peter Vanderlinden, Christina Walerak, Nick Williams, Inel Woo, Alice Wood and Brandon Zingle as part-time seasonal winter recreation leaders. 5. It was recommended to approve the hiring of Richard Berg as a part-time seasonal winter recreation program assistant. C. License Renewals. It was recommended to approve 2002 Trash Hauler License renewals; 2002 Tree Contractor License renewals; and 2002 Tobacco License Renewals. D. Letendre Addition No.3. It was recommended to approve a Corrective Plat (Letendre Addition No.3) and grant 01-83 an extension for recording until May 15,2002; located near Letendre Street and Highway 13, in the west Yz of Section 9. E. Comprehensive Guide Plan Amendment, Rezoning and Preliminary Subdivision. It was recommended to approve and implement a Comprehensive Guide Plan Amendment changing the land use from RC (Retail Commercial) to MD (Medium Density Residential) upon 17.1 acres of land located west of Nicols Road and north of Erin Drive in the SW V. of Section 30; to approve and implement a Rezoning/Preliminary Planned Development for the construction of 138 townhome units on 17.1 acres located west of Nicols Road and north of Erin Drive in the SW V. of Section 30, subject to the conditions in the APC minutes; and to approve a Preliminary Subdivision (Cedar Villas) to create two lots on 17.1 acres located west of Nicols Road and north of Erin Drive in the SW V. of Section 30, subject to the conditions listed in the November 8, 2001 City Council minutes. Eagan City Council Meeting Minutes December 18, 2001 Page 2 F. 2002 General Fund Budget. It was recommended to approve the proposed 2002 General Fund budget. G. 2002 Property Tax Levy. It was recommended to approve the proposed payable 2002 property tax levy. 01-84 H. 2002 Enterprise Fund Budgets. It was recommended to approve the proposed 2002 Enterprise Fund Budgets, including water, sanitary sewer, streetlighting, storm drainage, water quality, Civic Arena and Aquatic Facility. I. 2002 Special Revenue Funds Budgets. It was recommended to approve the 2002 budgets for the following Special Revenue Funds: Housing Fund, Police Forfeiture Fund, Recycling Fund, Economic Recovery Grant Fund, Cedarvale Special Services District Fund, Cable TV Franchise Fees Fund; and it was recommended to approve the 2002 budget for the Burnsville / Eagan Telecommunications Commission and Burnsville / Eagan Community Television. J. Council Liaison. It was recommended to designate Councilmember Carlson to be the Council's Liaison to Dakota County and the resident neighborhood for the programmed improvement of Lone Oak Road from Highway 13 to Pilot Knob Road. K. Proiect 862. It was recommended to receive the draft feasibility report for Project 862 (Dodd Road, Camberwell Drive to Wescott Road - Street, Utility and Trail Improvements) and schedule a public hearing to be held on January 22, 2002. L. Contract 01-06. It was recommended to approve Change Order No.1 to Contract 01-06 (Blue Gentian Road- Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. 2002 Consulting Engineering Rates. It was recommended to approve an amendment to the Fee Schedule for the General Consulting Engineering Services Contracts submitted by the designated consulting engineering companies for services to be provided in 2002. N. Contract 02-06. It was recommended to approve the plans and specifications for Contract 02-06 (Well House #20 - Building Construction and Water Main Improvements) and authorize the advertisement for a bid opening to be held at 2:00 p.rn. on Thursday, January 31, 2002. O. Contract 01-15. It was recommended to approve Amendment No. 2 to Award of Contract 01-15 (July 2002 Storm Mitigation Improvements - Misc. Areas #6, 7, & 8) and Change Order No.1 and authorize the Mayor and City Clerk to execute all related documents. P. Contract Awards - Communitv Center. It was recommended to approve the proposed contract awards for the Community Center, 1501 Central Parkway as listed in a Contract Award Summary from Stahl Construction Company dated December 18,2001. Q. Subordination Agreement for Eagan Business Commons, II, LLC. It was recommended to approve the subordination agreement for Eagan Business Commons, II, LLC. R. Ordinance Regarding Development Fees. It was recommended to direct the City Attorney to prepare an ordinance amendment regarding development fees. S. Massage Therapv Establishment Business Licenses. It was recommended to approve a new Massage Therapy Establishment Business License for Midwest Facial Plastic Surgery & Aesthetic Skincare, 3440 O'Leary Lane; and Cole's Salon, 3450 Pilot Knob Road. T. Cable Access Facility Lease. It was recommended to approve the Burnsville/Eagan Community Television facility lease and AT&T Broadband sublease. U. Eagandale Office Park 5th Addition. It was recommended to approve a three-month extension for recording the final subdivision for Eagandale Office Park 5th Addition. V. Snow Grooming Contract with Dakota County. It was recommended to approve a renewal of a snow grooming contract with Dakota County for City cross-country trails and the Trapp Farm tubing hill through May 1,2002, authorizing the Mayor to sign the contract renewal. W. On-Sale Beer License. It was recommended to approve an On-Sale Beer License for Parkview Golf Associates, LLC. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCES - RJR ENTERPRISES, INC. City Administrator Hedges introduced this item regarding a request by RJR Enterprises for a 16.25 foot setback Variance from a state highway, a 15 foot setback Variance to a public right of way, a Variance to locate the loading docks facing a public right-of-way (in a front yard), and a Variance to landscape standards for a loading area. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes December 18, 2001 Page 3 Mayor A wada opened the public hearing. The applicant made a brief presentation regarding the proposed 16,623 square foot multi-tenant office and warehouse building. Neil Hayden, 3130 Nichols Road asked ifthere would be a berm adjacent to Nicols Road. Senior Planner Ridley discussed the plans for a berm along Nicols Road. Mr. Hayden was also concerned over the appearance of the proposed building. Senior Planner Ridley explained that the building will have the appearance of individual office spaces. Robert Koffman, designer for the building, further addressed the concerns of Mr. Hayden. He explained there are no plans for expansion of the building. A property owner who lives across the street from the proposed building asked the Council if they would want a building such as the proposed one across from their homes. Mayor A wada explained that the property is zoned for the proposed use. She also stated that she felt the use is a good one, considering what other uses could be placed on the property as it is currently zoned. The resident stated he would like to see the property remain as it is currently. There being no further public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a 16.25 foot setback Variance to the required 50 foot building setback from a state highway subject to the following conditions. Aye: 5 Nay: 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 landscape plan shall be revised to show deciduous overstory trees located within the five-foot setback along the west side of the property. 3. Tree mitigation is required in the amount of four Category B trees (or an equivalent of category A and category C trees). The mitigation trees shall be identified on the landscape plan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a 15 foot setback Variance to the required 20 foot parking and pavement setback from a public right-of-way subject to the following conditions. Aye: 5 Nay: 0 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 landscape plan shall be revised to show deciduous overstory trees located within the five-foot setback along the west side of the property. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to locate the loading docks facing a public right-of-way (in a front yard) subject to the following conditions. Aye: 5 Nay: 0 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. On-site screening shall be provided in the event that the adjacent berm is removed. Screening may be provided in the form of landscaping, berming or a fence. Counci1member Fields moved, Councilmember Tilley seconded a motion approve a Variance to the landscape standards for the loading area which require a 40 foot landscaped yard along public rights-of-way subject to the following conditions. Aye: 5 Nay: 0 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 Eagan City Council Meeting Minutes December 18,2001 Page 4 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. On-site screening shall be provided in the event that the adjacent berm is removed. Screening may be provided in the form of landscaping or a fence. PROJECT 852, POST / RUSTIC HILLS / OSTER ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Post / Rustic Hills and Oster Additions. David Hutton, WSB gave a staff report. (Councilrnernber Carlson arrived at 7: 15 p.rn.) Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 852 (Post / Rustice Hills / Oster Additions - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 796, CEDAR CLIFF / MARl ACRES ADDITIONS STREET OVERLAY AND DRAINAGE IMPROVEMENTS City Administrator Hedges introduced this item regarding street overlay and drainage improvements for Cedar Cliff and Mari Acres Additions. David Hutton, WSB, gave a staff report. Mayor A wada 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 Bakken seconded a motion to approve Project 796 (Cedar Cliff / Mari Acres Additions - Street Overlay and Drainage Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 843, BEECHER DRIVE STORM MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding storm mitigation improvements for Beecher Drive which was continued from the November 8, 2001 City Council meeting. Rick Brasch, Bonestroo Rosene Anderlik and Associates gave a staff report. Councilmember Bakken discussed the decision of MnDOT to refuse to participate or give the City permission to construct the emergency over flow (EOF) for the intersection of Blackhawk Road and Beecher Drive. Mayor A wada suggested the item be continued once again to allow time for further discussion with MnDOT. Mr. Judge expressed his appreciation for the City's efforts in not only his project area, but in its overall response to the July 2000 storm event. Mayor Awada moved, Councilmember Bakken seconded a motion to continue Project 843 (Beecher Drive - Storm Mitigation Improvements) until a time City staff has further discussed the possibility of an EOF with MnDOT. Aye: 5 Nay: 0 The maintenance, dredging and restoration of the pond outlet was discussed. Mayor A wada moved, Councilmember Tilley seconded a motion to authorize proceeding with the pond outlet maintenance portion ofImprovement Project 843 under an existing contract. Aye:5 Nay: 0 Eagan City Council Meeting Minutes December 18, 2001 Page 5 PROJECT 861, 2002 CITY-WIDE TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding city wide trail improvements. City Engineer Matthys gave a staff report. Mayor A wada opened the public hearing. The President of Thomas Lake Homeowners Association stated the association had not been notified of the proposed trail improvements along Thomas Lake Road. He expressed concern over an adjacent retaining wall and landscaping that might be affected by the proposed trail improvements and stated the Homeowners Association is not in favor of the proposed improvements. Councilmember Carlson questioned the need for the proposed trail improvements now that ISD 196 will be busing children on the west side of Thomas Lake Road to school. Councilmember Bakken agreed that the project should be reconsidered. Steve Buck, 1555 Mallard Drive, expressed his opposition to the improvements. He stated he felt that a trailway is not needed. Mike Schonover, 4205 Thomas Lake Road, stated he did not see a need for the proposed sidewalk. There being no further public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Mayor Awada moved, Councilmember Bakken seconded a motion to approve Project 861 (2002 City-side Trail Improvements) minus the Thomas Lake Road section and authorize plans and specifications.. Aye: 5 Nay: 0 OLD BUSINESS CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATION REGARDING NOISE ATTORNEY City Administrator Hedges introduced this item regarding the retention of the firm of Shute, Mihaly & Wienberger for airport related issues. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Airports Relations Commission recommendation to retain the firm of Shute, Mihaly & Weinberger for airport related issues. Aye: 5 Nay: 0 CONSIDER SE STUDY AREA INTERIM ORDINANCE City Administrator Hedges introduced this item regarding extension of an Interim Ordinance affecting the SE Eagan Study Area. Senior Planner Ridley gave a brief staff report and displayed a map showing the affected area. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve extending the Interim Ordinance affecting the SE Eagan Study Area Moratorium, except the area east of Biscayne, through February 22, 2002. Aye: 5 Nay: 0 Two property owners in the affected area expressed their opposition to the extension of the moratorium. Mark Piper stated he felt the adjacent property owners are anxious to see plans move forward for the subject property. Jim Oberg explained a conceptual plan on the east side of Hwy. 3. Eagan City Council Meeting Minutes December 18,2001 Page 6 Councilmember Carlson explained the need to extend the moratorium to allow the Advisory Planning Commission the opportunity to hold a public hearing to consider the appropriate land use designations for the study area. NEW BUSINESS PRELIMINARY SUBDIVISION (SUNSET THIRTEENTH ADDITION- MILLERVILLE, INC.) City Administrator Hedges introduced this item regarding a preliminary subdivision to create four single family lots on 2.18 acres located at 785 Golden Meadow Road and a request for a variance to allow relocation of an existing garage. Senior Planner Ridley gave a staff report. Mayor A wada suggested attaching the house and the garage by using a breezeway which would prevent the need for a variance. She stated that she does not see a hardship for a variance. A resident questioned the cash water quality dedication requirement. She wanted to know if a water purification system would be put in place. Senior Planner Ridley explained a cash water dedication would be required. Mayor A wada moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create four single-family lots on 2.18 acres located at 785 Golden Meadow Road in the southwest NW 1.t of Section 25, legally described as Lot 7, Block 1, Sunset Third Addition subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, B4, C1, Dl, El 2. The property shall be platted. 3. This development is subject to a cash water quality dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. 4. The existing house on Lot 4 shall connect to the City sanitary sewer system within 90 days from fmal subdivision approval.. 5. The septic system on Lot 4 shall be abandoned in accordance with City and County standards. 6. The new driveway serving Lot 4 shall be constructed with a concrete or bituminous surface. 7. A revised Tree Preservation Plan shall be submitted which correctly indicates the placement of tree protection fencing around the trees to be preserved. 8. This development shall be subject to a cash park and trail dedication for three new lots. The dedication must be paid prior to release of the fmal plat for recording at the rates then in effect. The 2001 park and trail dedication rates are $1,499.00 and $168.00 per lot, respectively. Mayor A wada moved, Councilmember Tilley seconded a motion to deny a Variance to allow relocation of the existing garage into the front yard of the existing house on proposed Lot 4, Block 1. Aye: 5 Nay: 0 SCHOLARSHIP PROGRAM AND CONCEPT RELATED TO 2002 PERMIT FEES FOR ATHLETIC SITE NON-RESIDENT USERS City Administrator Hedges introduced this item regarding the possibility of implementation of a scholarship program fund from revenue generated by a portion of non-resident permit fees for athletic sites. Councilmember Carlson questioned if revenue would be lost due to the rental costs being too expensive. Jeff Asfahl, Superintendent of Recreation, discussed the proposed increase in rental fees and stated he felt the increase would not impact the demand for use of the athletic sites. Mayor A wada moved, Councilmember Fields seconded a motion to approve the Advisory Parks and Recreation Commission recommendation to implement a scholarship program fund from revenue generated by a portion of non-resident permit fees for athletic sites. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 18,2001 Page 7 ADMINISTRATIVE AGENDA City Administrator Hedges discussed an award that was given to the Eagan Foundation recognizing the Foundation for its unique large tree planting project that preserved a 150-year old Bur Oak tree. He noted that Kay Gustafson has been named Eagan Convention & Visitor's Bureau Person of the Year. City Administrator Hedges also discussed the expertise and support that Dave Rugg has continuously demonstrated to the City. Mayor Awada and Councilmembers agreed to recognize Ms. Gustafson and Mr. Rugg at the January 8, 2002 City Council meeting. ADJOURNMENT The meeting adjourned at 8:55 p.m. into an Executive Session to review labor contract proposals for sworn Police Officers and Police sergeants. I\ ' r/ ',I~, t.tlv,-lU)cl ,) , ,:)C'f!J I . , Date ' 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.