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08/17/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 17, 2001 A regular meeting of the Eagan City Council was held on Monday, September 17,2001 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, and City Attorney Mike Dougherty. AGENDA Mayor Awada, Councilmember Tilley and Carlson requested that Items H, I, K, and L be pulled from the Consent Agenda for discussion. Public Works Director Colbert asked that Item Y of the Consent Agenda be removed from the agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS PROCLAMATION OF FIRE PREVENTION WEEK PROCLAMATION OF NATIONAL FALLEN FIRE FIGHTER WEEK City Administrator Hedges introduced these items regarding Fire Prevention Week and National Fallen Fire Fighter Week. Fire Chief Craig Jensen spoke briefly. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the City of Eagan's Annual Proclamation declaring October 7 - 13,2001 as Fire Prevention Week for the City of Eagan. 01- 57 Ayes: 5 Nay: 0 Mayor A wada moved, Councilmember Carlson seconded a motion to adopt a Proclamation proclaiming 01- 5 8 October 8,9 and 10 as Fallen Firefighters Memorial Days. Aye; 5 Nay: 0 CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the consent agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 28,2001 Special City Council meeting, the September 4, 2001 Regular City Council meeting and the September 11, 2001 Special City Council meeting. B. Personnel Items. 1. It was recommended to accept the resignation of William Bruestle, Senior Inspector for the Community Development Department. 2. It was recommended to approve the hiring of Anthony Lejcher, Matthew Ondrey and Sean Sweeney as police officers for the City of Eagan Police Department. 3. It was recommended to approve the hiring of Maria Karels as City Clerk / Administrative Services Coordinator. 4. It was recommended to approve the hiring of Colleen Mathiason as a temporary preschool program instructor for the Parks and Recreational Department. 5. It was recommended to approve the hiring of Amber Geske, Lynda Speikers and Cynthia Whitacre as temporary preschool assistants for the Parks and Recreation Department. 6. It was recommended to approve the hiring of Cyndi Huonder and Lori Huckle as seasonal preschool instructors for the Parks and Recreation Department. 7. It was recommended to approve the hiring of David Schomburg, Brad Champlin and Bruce Berry as temporary basketball scorekeepers for the Parks and Recreation Department. 8. It was recommended to approve the hiring of Guy Dawson, Jeff Freeman and Ken Freeman as football officials for the Parks and Recreation Department. Eagan City Council Meeting Minutes September 17, 2001 Page 2 C. Shows License. It was recommended to approve a Shows License for Starks Halfway House Saloon for Saturday, September 22,2001 at 3125 Dodd Road. D. Name Change - On Sale Beer License. It was recommended to approve a name change for an ON-Sale Beer License from Parkview Golf Club, LLC to Parkview Golf Holdings, LLC. E. Alternative Urban Areawide Review. It was recommended to approve the Resolution / Order to initiate an ( f 5;/ II Alternative Urban Areawide Review for the Cedar Grove Redevelopment Area. F. Auditing Services. It was recommended to approve the engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year ending December 31, 2001. G. Final Subdivision - TCA. It was recommended to approve a Final Subdivision (Transport America Addition) 01- 5 9 located at the intersection of Terminal Drive and Yankee Doodle Road in the SE ~ of Section 8. 1. Project 668, Lone Oak Road Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 668 (Lone Oak Road Reconstruction / Upgrade - Lexington Avenue to Highway 55 /149) and schedule a public hearing to be held on October 16, 2001. M. Project 759R. It was recommended to authorize the preparation of a Feasibility Report for Project 759R (Beau D'Rue - Street and Trail Improvements) by the City's consulting engineering firm of Short - Elliot-Henrickson, Inc. N. Project 801. It was recommended to authorize the preparation of a Feasibility Report for Project 801 (Silver Bell Road - Street Improvements) by the City's consulting engineering firm ofWSB & Associates (WSB). O. Project 794. It was recommended to authorize the preparation of a Feasibility Report for Project 794 (River Hills 9th Addition - Street Improvements) by the City's consulting engineering firm of WSB & Associates. P. Project 795. It was recommended to authorize the preparation of a Feasibility Report for Project 795 (Beacon Hill, Brittany 1st - 6th Additions, Johnny Cake Ridge 1st - 5th Additions, and Covington Lane - Street Improvements) by the City of Eagan Engineering Division. Q. Project 796. It was recommended to authorize the preparation of a Feasibility Report for Project 796 (Cedar Cliff Additions and Mari Acres Additions - Street Improvements) by the City's consulting engineering firm of WSB & Associates. R. Project 851. It was recommended to authorize the preparation of a Traffic Study and Feasibility Report for Project 851 (Town Centre, Denmark Avenue, Duckwood Drive, Krestwood Lane, Crestridge Dirve - Street and Trail Improvements) by the City's consulting engineering firm of Short-Elliot-Hendrickson, Inc. S. Project 852. It was recommended to authorize the preparation of a Feasibility Report for Project 852 (Post Additions, Rustic Hills Drive, and Oster Drive - Street Improvements) by the City's consulting engineering firm of WSB & Associates. T. Project 853. It was recommended to authorize the preparation of a Feasibility Report for Project 853 (Woodgate 1 st Addition - Street Improvements) by the City of Eagan Engineering Division. U. Project 854. It was recommended to authorize the preparation of a Feasibility Report for Project 854 (Parkcliff 1 st - 3rd Additions - Street Improvements) by the City of Eagan Engineering Division. V. Project 855. It was recommended to authorize the preparation of a Feasibility Report for Project 855 (Oak Chase 4th and 6th Additions and Ches Mar East 1 st - 5th Additions - Street Improvements) by the City of Eagan Engineering Division. W. Proiect 856. It was recommended to authorize the preparation of a Feasibility Report for Project 856 (Ches Mar 1 st - 5th Additions - Street Improvements) by the City of Eagan Engineering Division. X. Effress Addition 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 16, 2001. Y. Contract 01-04. The proposed Amendment to Award of Contract 01-04 (Central Parkway / Northwood Parkway & Community Center - Street, Utility & Grading Improvements) was removed from the agenda with no action taken due to lack of required easements. Z. Project 858. It was recommended to receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvements). AA. Projects OO-H & 00-1. It was recommended to approve the extension of the development contract for Pinetree Pass 5th Addition and authorize the Mayor and Deputy City Clerk to execute all related documents. BB. Contract 00-07. It was recommended to approve Change Order No.7 to Contract 00-07 (Trunk Highway 13 - Divided Four-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. CC. Contract 01-01. It was recommended to approve the final payment for ContractO 1-0 1 (Letenddre Addition, Canterbury Forest and Wedgewood 1 st Addition - Street Improvements) in the amount of $24,947.70 to Northwest Asphalt and accept the improvements for perpetual City maintenance subject to warranty prOVISIOns. Eagan City Council Meeting Minutes September 17,2001 Page 3 DD. Contract 01-02. It was recommended to approve the final payment for Contract 01-02 (Eagandale Center Industrial Park - Street Overlay) in the amount of $78,718.34 to McNamara Contracting, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. EE. Contract - Dispatch Services. It was recommended to approve the 2001 annual contract renewal for the City of Eagan providing dispatch services to the City of Rosemount Police and Fire Departments. Items pulled from the Consent Agenda: H. Final Subdivision - Manley Addition. City Administrator Hedges introduced this item regarding a final subdivision for Manley Addition to create 30 lots on 13 acres located south of Cliff Road and west of Dodd Road. A previous condition placed on the approval of the Preliminary Subdivision regarding the upgrade of Dodd Road was discussed. 01-60 Mayor Awada moved, Councilmember Bakken seconded a motion to approve a Final Subdivision (Manley Addition) to create 30 lots on 13 acres located south of Cliff Road and west of Dodd Road in the northwest 1,4 of Section 36. Aye: 5 Nay: 0 I. Aerial Platform Fire Truck. City Administrator Hedges discussed this item regarding the purchase of an aerial platform fire truck. He discussed methods of financing for the proposed purchase of the truck. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the bid presented by Pierce Manufacturing, Inc. in the amount of $813,025 for a new aerial platform fire truck with the method of payment being out of general fund balance. Aye: 5 Nay: 0 K. Proiect 799. Mayor Awada stated she would be abstaining from consideration of the Final Assessment Roll for Project 799 (Eagandale Center Industrial Park - Street Overlay) and the scheduling of a public hearing to be held on October 16, 2001 due to a conflict of interest as a potentially assessed property. Councilmember Bakken took over as Acting Mayor for the discussion of this item. Acting Mayor Bakken moved, Councilmember Tilley seconded a motion to receive the Final Assessment Roll for Project 799 (Eagandale Center Industrial Park - Street Overlay) and schedule a public hearing to be held on October 16,2001. Aye: 4 Nay 0 Abstain: 1 L. Proiect 850. City Administrator Hedges discussed this item regarding Project 850 Dodd Road, (Diffley Road to Ethan Drive) Street and Trail Improvements. He stated that, in response to the Council's directive of September 4, a feasibility report has been prepared and is now being presented to the Council for their consideration of scheduling a public hearing for October 16, 2001. A petition was distributed to the Council from residents in the Bradford Ct, Bradford Circle and WeIland Ct neighborhoods requesting the extension of the proposed improvements north to Elrene Rd/Coventry Dr. Several residents spoke both in favor and against the various proposed street and trail improvements. Discussion occurred regarding the schedule and location of a meandering trail, cost of the project, the historical perspective of Dodd Road, and other petitions received. Mayor A wada stated she felt these issues should be discussed at the public hearing. She went on to explain that many residents in the area had requested the upgrade, which is the reason for the project being brought forward for a public hearing. Mayor A wada moved, Councilmember Bakken seconded a motion to receive the feasibility report for Project 850 and schedule a public hearing to be held on October 16,2001. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - CHUCK AND CINDY HOLMSTEN City Administrator Hedges introduced this item regarding a variance request of 12 feet into the required 30 foot building setback from public right-of-way for Lot 45, Block 7, Hills of Stonebridge, located at 743 Cheshire Court. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes September 17,2001 Page 4 Mayor Awada opened the public hearing. There being no public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a variance of 12 foot into the required 30 foot building setback from public right-of-way for Lot 45, Block 7, Hills of Stonebridge, located at 743 Cheshire Court in the SW If. of Section 24. Aye: 5 Nay: 0 VARIANCE - SPECTRUM DEVELOPMENT City Administrator Hedges introduced this item regarding a variance to allow 9 foot parking stall widths on Lots 1,2, and 3, Block 1, Spectrum Business Park, located on Blue Gentian Road. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, Mayor A wada closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance to allow 9 foot parking stall widths on Lots 1, 2, and 3, Block 1, Spectrum Business Park, located on Blue Gentian Road between Trunk Highway 55 and Blue Water Road in the NW If. of Section 2 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 center court parking area shall be designed to provide service areas for tenants as needed, eliminate conflicts between rows of parking and drive aisles, and add landscaped islands to improve circulation and lllcrease green space. 3. All parking lots designs shall be revised to include planting islands to break up expanses of hard surface, provide efficient traffic movement and define rows of parking. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT LEXINGTON POINTE 14TH ADDITION, LOT 13, BLOCK 1 City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement on Lot 13, Block 1, Lexington Pointe 14th Addition. 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 Bakken moved, Councilmember Fields seconded a motion to approve the vacation of a public drainage and utility easement in Lexington Pointe 14th Addition, Lot 13, Block 1) and authorize the Mayor ad Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 748 FINAL ASSESSMENT HEARING - JOHNNY CAKE RIDGE ROAD (STREETS AND UTILITIES) This item was noted to be continued to October 2,2001 on the agenda. Eagan City Council Meeting Minutes September 17,2001 Page 5 VACATION OF PUBIC DRAINAGE AND UTILITY EASEMENT (EAGANDALE CENTER INDUSTRIAL PARK NOS. 3 & 4) This item was noted to be continued to October 2,2001 on the agenda. OLD BUSINESS AMENDMENT TO AWARD OF CONTRACT 01-14 (STORM MITIGATION IMPROVEMENTS) City Administrator Hedges introduced this item regarding an amendment to the Award of Contract 01-14. Public Works Director Colbert gave a brief staff report. Mayor A wada inquired about the status of any remaining projects proposed under this contract. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve an amendment to award of Contract 01-14 (Storm Mitigation Improvements - Misc. Areas # 1,4,5, & 10) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 AMENDMENT TO AWARD OF CONTRACT 01-15 (STORM MITIGATION IMPROVEMENTS) City Administrator Hedges introduced this item regarding an amendment to the Award of Contract 01-15. Public Works Director Colbert gave a brief staff report. Mayor A wada inquired about the status of any remaining projects proposed under this contract. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an amendment to award of Contract 01-15 (Storm Mitigation Improvements - Misc. Areas # 6, 7 & 8) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT - CHAPTER 10, SECTION 10.31 City Administrator Hedges introduced this item regarding an amendment to Chapter 10, Section 10.31 regarding noise. Police Chief Therkelsen stated the amendment is intended to facilitate easier enforcement of noise violations resulting from electronic sound or audio systems. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amending Chapter 10, Section 10.31 regarding noise violations. Aye: 5 Nay: 0 CONSIDER PROFESSIONAL POLL FOR GOLF COURSE City Administrator Hedges introduced this item regarding the possibility of conducting a community poll on the development of a golf course. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to conduct a professional/scientific community poll regarding development of a golf course. Council and City Administrator Hedges discussed the proposed poll and the role of the Golf Course Exploratory Committee. Administrator Hedges stated that it is imperative to keep the process of the poll and the process of the Exploratory Committee en sync with each other. Information will be brought back to the next Council meeting regarding costs and the type of questions to be included in the poll. The suggestions of the Exploratory Committee will be shared with Decision Resources. Councilmember Carlson stated she felt the poll was an excellent idea but input needs to come from the Exploratory Committee, as well as from other public groups. She stated that the Council should try to stay out of the process as much as possible and allow the Committee to have the vast amount of input. Eagan City Council Meeting Minutes September 17, 2001 Page 6 Mayor A wada moved, Councilmember Carlson seconded a friendly amendment to Councilmember Tilley's motion to read as follows: Direct staff to conduct a professional/scientific community poll regarding development of a golf course, with input from the Golf Course Exploratory Committee and the PEPPC Group in relation to questions to be asked in the poll for review by Council at the October 2,2001 Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELlMNARY SUBDIVISION - SHEL TER CORPORATION City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment from Retail Commercial to Medium Density Residential and a Rezoning / Preliminary Planned Development and Preliminary Subdivision (Cedar Villas). He stated that several e-mail messages had been received regarding this issue and were forwarded to Council. Senior Planner Ridley gave a staff report. Jay Jensen, Shelter Corporation, made a presentation regarding the Comprehensive Plan amendment, overall development goals and property management. Mark Ulfers, Dakota County CDA discussed the project, stating that should the project be approved by Council, it would not be completed until the year 2004. He discussed the cost of each unit and the affordable housing status in Eagan. Patty Hurd, representative for MICA-Eagan and spokesperson for the group asked that members of the audience that are in favor of the proposed project to stand. The majority of the audience stood. Ms. Hurd went on to discuss the need for increased affordable housing in Eagan. Approximately 12 residents spoke in favor of the proposed project. Council discussed items including siding of the buildings, garages, private streets, monitoring of parking, unlicensed vehicles, etc., and density. Councilmember Carlson and Mayor A wada stated they felt a portion of the proposed units should be available for sale. They stated there is a need for not only affordable rental housing, but affordable ownership as well. They also stated they felt the three bedroom units should have two car garages rather than one. Councilmembers Tilley and Fields stated they are in favor of the concept and would like to work with Shelter Corporation and the CDA. Councilmember Bakken expressed concern over lack of trail ways on Nicols Road. He also discussed the fiscal aspects of the project and the possibility of commercial property being located on part of the parcel. He stated that more time is needed to work out the issues. Mr. Jensen stated he is willing to consider the ownership issue but stated he did not feel that commercial would work on the site. He stated he was willing to waive the 60 day Agency Action Requirement. Mayor A wada moved, Councilmember Bakken seconded a motion to continue consideration of a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential) and a Rezoning / Preliminary Planned Development and Preliminary Subdivision for Shelter Corporation to the October 2,2001 meeting and direct Councilmembers Carlson and Tilley to work with the applicant. Aye: 5 - Nay 0 VISITORS TO BE HEARD Doris Dahlene, 3830 Alder Lane, read a letter she submitted to the Council in December, 2000 regarding her home not being included in a proposed nF district. Mayor A wada stated she would like to discuss with Ms. Dahline the possibility of her house being moved to another lot. Eagan City Council Meeting Minutes September 17, 2001 Page 7 ADJOURNMENT The meeting adjourned at 10:45 p.m. ./14r!;;n .iLIA..... I 1, )( C 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.