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08/04/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 4, 2001 A regular meeting of the Eagan City Council was held on Tuesday, September 4,2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor A wada and Councilmembers Bakken, Carlson, 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. AGENDA Mayor A wada added the following items to the Consent Agenda: AA. Direct staff to prepare feasibility study for sidewalks along Skyline Road BB. Starks Halfway House - One day on-sale liquor license Darrius Wilson, 4175 Dodd Road, requested that item X of the Consent Agenda be pulled for discussion. Mayor Awada added item X regarding Project 850 (Dodd Road, Diffley to Ethan Drive - Street and Trail Improvements be added as the fIrst item of old business. Councilmember Tilley moved, Mayor A wada seconded a motion to approve the agenda as amended with item X of the Consent Agenda being removed for discussion. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the August 21, 2001 Regular City Council meeting and the August 21, 2001 Listening Session. B. Personnel Items. 1. It was recommended to approve the hiring of Cynthia Kirchoff as a Planner. 2. It was recommended to approve the hiring of Jeanette Morcomb as Clerical Tech III in Engineering. 3. It was recommended to approve the hiring of Bruce Barry and David Schomburg as part-time seasonal basketball scorekeepers. 4. It was recommended to approve the hiring of Brad Champlin as a part-time seasonal touch football official. 5. It was recommended to approve the hiring of Colleen Mathiason as a part-time seasonal preschool program instructor. 6. It was recommended to approve the hiring of Cynthia Whitacre, Lynda Speikers and Amber Geske as part- time seasonal preschool program assistants. 7. It was recommended to approve the hiring of David Guenther as a seasonal park attendant. C. Licenses. It was recommended to approve a Motorized Golf Cart License for Michael Krolick, 1059 Hummingbird Lane. It was also recommended to approve a new Tree Contractor License for Top Notch Treecare, 5505 N. Hwy. 169, Plymouth. D. Gambling Application. It was recommended to approve an application for Lawful Gambling Exempt Permit for Ducks Unlimited for a raffle to be held at Brianno's, 2280 Cliff Road, September 13,2001. 01-55 E. Contract 01-08. Well #20). It was recommended to receive the Bids for Contract 01-08 (Well #20 - Drilling and Development), award the contract to E.H. Renner & Sons for the base bid of $187, 700.00 and authorize the Mayor and Deputy City Clerk to execute all related documents. F. Contract 01-06. Blue Gentian Road Street & Utility Improvements. It was recommended to award Contract 01- 06 (Blue Gentian Road - Street and Utility Improvements) to Danner Inc., for the Base Bid in the amount of $290,325.00, and authorize the Mayor and Clerk to sign all related documents. G. Contract 00-07, Trunk Highway 13 Divided Four-Lane Upgrade. It was recommended to approve Change Order No.6 to Contract 00-07 (Trunk Highway 13 - Divided Four-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. Eagan City Council Meeting Minutes September 4, 2001 Page 2 H. Contract 01-07, Lexington Avenue Divided Four-Lane Upgrade. It was recommended to approve Change Order No.1 to Contract 01-07 (Lexington Avenue - Divided Four-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. I. Contract 01-13. July 2000 Storm Mitigation Improvements. It was recommended to approve Change Order No. 1 to Contract 01-13 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. 1. Selection of Consulting Engineering Firms. It was recommended to approve the recommendation of the Public Works Committee regarding the retention of professional consulting fIrms and authorize the Mayor and Deputy City Clerk to execute all related contractual agreements. K. Proiect 797, Letendre 1st & 2nd - Street Overlav Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 797 (Letendre 1 st & 2nd - Street and Utility Improvements) and schedule a public hearing to be held on October 2,2001. L. Proiect 798, Canterbury Forest / Wedgewood 1 st Street Overlay Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 798 (Canterbury Forest / Wedgewood 1 st - Street and Utility Improvements) and schedule a public hearing to be held on October 2, 2001. M. Contract 01-6A. Blue Gentian Road Extension Street Grading. It was recommended to approve the fmal payment for Contract 01-6A (Blue Gentian Road Extension - Street Grading) in the amount of $58,929.80 to Max Steininger, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. N. Contract 01-13. July 2000 Storm Mitigation Improvements. It was recommended to receive the feasibility report for Project 848 (white Oak Court - Storm Drainage Mitigation Improvements) and approve the project. O. Suncliff First Addition (Lot 13. Block 1) Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements for Lot 13, Block 1, SuncliffFirst Addition (4277 Sumise Road) and schedule a public hearing to be held on October 2, 2001. P. Final Subdivision (Grand Oak Three - Interstate Partners. LLC.) It was recommended to approve a Final 01- 5 6 Subdivision (Grand Oak Three) to create two lots on approximately 22 acres located between north of Hwy. 55 and east of Blue Water Road in the NE y.. of Section 2. Q. Contract 01-04. Central Parkway / Northwood Parkway and Community Center Street. Utility and Grading Improvements. It was recommended to approve Change Order No.1 to Contract 01-04 (Central Parkway / Northwood Parkway and Community Center - Street, Utility and Grading Improvements) and authorize the Mayor and Deputy Clerk to execute all related documents. R. Harvev's Heritage Addition (Lot 3. Block 1) - Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on October 2, 2001. S. Xcel Energv Bundle 3 Package as the Energv Package for the Communitv Center. It was recommended to approve the Bundle 3 energy package as proposed by Xcel Energy and the Weidt Group / Energy Alternatives as the energy alternative used in the Community Center. T. Purchase Agreement - 3997 Cedarvale Drive. It was recommended to approve the purchase agreement for 3997 Cedarvale Drive and declare that the City intends the acquisition to be eligible s a reimbursable expense as part of the Cedar Grove Tax Increment Finance Redevelopment District. U. Variance - Spectrum Development (Lot 2, Block 1, Spectrum Business Park). It was recommended to reschedule the public hearing for a Variance request to the minimum parking stall width on Lot 2, Block 1, Spectrum Business Park located at 1000 Blue Gentian Road from October 2, 2001 to September 17, 2001. Eagan City Council Meeting Minutes September 4,2001 Page 3 V. Extension for Recording the Final Subdivision - Fox Forest Second Addition. It was recommended to approve a ninety (90) day recording extension for the Fox Forest Second Addition. W. On-Sale Wine, Malt Liquor and Sunday License for Golden T.. Inc. It was recommended to approve an On- Sale Wine, Malt Liquor and Sunday License for Golden T., Inc. Y. Amended Language for City Ordinance 10.31. It was recommended to direct Staff to develop amended language for City Ordinance 10.31. Z. Ordinance Amendment to Chapter 10. Section 10.53, Subd. 1. It was recommended to direct the City Attorney to draft an Ordinance Amendment which will add fence maintenance standards to the property maintenance code. AA. Feasibility Study - Skyline Road. Direct staff to prepare feasibility study for sidewalks along Skyline Road BB. One Dav On-Sale Liquor License - Starks Halfway House. It was recommended to approve a one day on-sale Liquor License for Starks Halfway House Saloon to allow the sale and consumption of alcoholic beverages in their parking lot located at 3125 Dodd Road Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 OLD BUSINESS (Consent X) PROJECT 850. DODD ROAD (DIFFLEY TO ETHAN DRIVE) Public Works Director Colbert gave a staff report regarding the request for authorization of a feasibility report for streets and trails on Dodd Road and Diffley Road to Ethan Drive. Councilmember Tilley moved, Councilmember Bakken seconded a motion to authorize the preparation of a Feasibility Report for Project 850 (Dodd Road, Diffley Road to Ethan Drive - Streets and Trails) by Bonestroo, Rosene, Anderlik and Associates. Ayes: 5 Nay: 0 Darrius Wilson, 4175 Dodd Road, expressed his opposition to the project. He expressed his concern over tree removal from his property and why an urban upgrade is being built on one portion of the road and a meandering trail on the remainder of Dodd Road. Mayor A wada explained that the majority of residents had requested that the entire section from Wescott to Diffley have trails. She also explained the reasoning for conducting a feasibility report for the south portion of Dodd Road. CONTRACT 01-14, AWARD CONTRACT (JULY 2000 MITIGATION IMPROVEMENTS AREAS 1,4,5 AND 10) City Administrator Hedges introduced this item regarding the award of Contract 01-14 for the July 2000 Mitigation Improvements Areas 1,4,5 and 10. Public Works Director Colbert gave a staff report and discussed the status of easement acquisitions. Council and staff discussed the possibility of excluding areas from approval where the necessary easements have not been obtained and bring them back under change orders at a later time. Councilmember Bakken moved, Councilmember Carlson seconded a motion to award Contract 01-14 (July 2000 Storm Mitigation Improvements - Misc. Areas #1, 4, 5 and 10) for Projects 828,829,832 and 838 to Lamentti & Sons, Inc. for the revised Base Bid in the amount of$1,06l,687.00 and revised Alternate No.2 in the amount of$193,130.00, and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes September 4,2001 Page 4 CONTRACT 01-15, RECEIVE BIDS / AWARD CONTRACT (JULY 2000 MITIGATION IMPROVEMENTS AREAS 6, 7, AND 8) City Administrator Hedges introduced this item regarding the award of Contract 01-15 for the July 2000 Mitigation Improvements areas 6, 7 and 8). Public Works Director Colbert gave a staff report and discussed the status of easement acquisitions. Richard Delauder, 4769 Beacon Hill Road, expressed his opposition to the proposed drainage onto his property and the drainpipe into the pond. Director Colbert stated that research has been conducted and it appears a restrictor could be installed in the pond. Awada moved, Councilmember Bakken seconded a motion to receive the bids for Contract 01-15 (July 2000 Storm Mitigation Improvements - Misc. Areas #6, 7 and 8), award the contract to the lowest responsible bidder for Projects 823, 837, 846 and Nestling Circle, and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - ALL SAINTS LUTHERAN CHURCH City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1, All Saints Addition, located at 3810 Lexington Avenue. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1, All Saints Addition, located at 3810 Lexington Avenue in the NW Yo of Section 23 subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Sign Permit shall be obtained from the City prior to installation of the sign. 3. The existing wooden sign shall be removed from the property prior to installation of the sign. 4. The pylon sign shall be located in the northwest corner of the site, facing Wescott Road, as shown on the site plan received 7-17-01. 5. The pylon sign shall comply with the sign plans received 7-17-01. 6. Landscaping consistent with the landscape plan dated 7-17-01 shall be implemented with the installation of the sign. PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE 789 COMPANY City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Eagandale Center Industrial Park No. 17) of approximately seven acres to create two lots, a Conditional Use Permit to allow outdoor storage and a Variance to allow a shared access, located at 3110 Mike Collins Drive. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Eagandale Center Industrial Park No. 17) of approximately seven acres to create two lots located at the intersection of Mike Collins Drive an Lunar Lane, in the NW Yo of Section 11, 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, B3, El and HI. 2. The property shall be platted. Eagan City Council Meeting Minutes September 4, 2001 Page 5 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Eagandale Center Industrial Park No. 17, located at 3110 Mike Collins Drive in the NE Y.. of Section 11 subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at Dakota County immediately after the plat is recorded. 2. Storage shall be limited to semi tractors and trailers. 3. Storage shall be limited to the 90 marked spaces. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of semi tractors and trailers on Lot 2, Block 1, Eagandale Center Industrial Park No. 17, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at Dakota County immediately after the plat is recorded. 2. Storage shall be limited to semi tractors trailers. 3. Storage shall be limited to the 50 unmarked spaces. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Variance to the site setback requirement between Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 17. Aye: 5 Nay: 0 CERTIFICATION OF THE PRELIMINARY 2002 PROPERTY TAX LEVY City Administrator Hedges discussed this item regarding the 2002 property tax levy. He stated that the City Council is required by law to certify the proposed payable 2002 property tax levy on or before September 17 2001. He further stated that the Council had reviewed the proposed levy at a special meeting on August 28, 2001. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the preliminary 2002 property tax levy as follows: General Revenue $17,901,300 Debt Service 212,608 Market Value-Based Referendum 1,400,000 Cedarvale Special Services District 3,000 Total $19,516,908 Aye: 5 Nay: 0 VISITORS TO BE HEARD Doris Dahline presented a written list of 22 questions regarding the Cedar Grove redevelopment project. Mayor A wada indicated that staff would review the questions and provide answers. ADJOURNMENT The meeting adjourned at 8:00 p.m. into an Executive Session to consider vi f-tl11.l.U;'" t/ ,JoeL Date ! ity Cler} I 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.