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10/02/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 2, 2001 A regular meeting of the Eagan City Council was held on Tuesday, October 2,2001 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 A wada announced that item B under Old Business regarding a Comprehensive Guide Plan Amendment, Rezoning and Preliminary Subdivision - Shelter Corporation will be continued to October 16, 2001 at the request of the applicant. She also stated that under the Consent Agenda, item L will be continued until the October 16, 2001 meeting; item Y will be continued indefmitely; and item Z will be continued until the October 16, 2001 Council meeting. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the September 17, 2001 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Greg Schauer as a GIS Intern. 2. It was recommended to approve the hiring of Kevin Kinney as a Cascade Bay/Civic Arena Maintenance worker. 3. It was recommended to accept the resignation of Holly McGraw, Clerical Technician III in Community Development. C. Temporarv Liquor License. It was recommended to approve a Temporary Liquor License for Faithful Shepherd Catholic School for a Silent Auction Event to be held on January 26, 2002 and waive fees. D. Public Hearing - Certificate of Delinquent Utility Bills. It was recommended to schedule the public hearing for certification of delinquent utility bills for November 8, 2001. E. Public Hearing - Certification of Delinquent False Alarm Billings. It was recommended to schedule the public hearing for certification of delinquent false alarm billings for November 8, 2001. F. Public Hearing - Certification of Delinquent Noxious Weed Cutting Bills. It was recommended to schedule the public hearing for November 8, 2001. G. Communitv Landfill Abatement Funds. It was recommended to approve the submission of the Cities of Burnsville and Eagan 2002 Funding Application for $85,936 from Dakota County to operate a Recycling Program for the Cities ofBurnsville and Eagan. H. Ordinance Amendment. It was recommended to direct staff to prepare an ordinance amendment to Chapter 11 to provide for waste transfer stations as a conditional use in the 1-1 (Limited Industrial) zoning district. I. Final Subdivision. It was recommended to approve a Final Subdivision (Four Paws Addition) to create one lot 01- 61 and one outlot on 5.54 acres located east and west ofHwy. 13 on Old Sibley Memorial Highway and adjacent to Burnsville in the SW 'l4 of Section 19. 1. Purchase Agreement. It was recommended to approve the acquisition agreement for 2246 Clark Street. K. Purchase Agreement. It was recommended to approve the acquisition agreement for 4185 Strawberry Lane. L. Proiect 771. An Easement Agreement or Project 771 (Lexington Avenue - Divided Four-Lane Upgrade) with the owner of Parcel 10-84500-010-01 (Studio 3345) and authorize the Mayor and City Clerk to execute all related documents. Continued to October 16. 2001 M. Proiect 800. It was recommended to approve the resolution requesting funding from the Minnesota Department of Transportation through a cooperative agreement for Project 800 (Cedar Grove Access Modifications - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Proiect 859. It was recommended to approve the resolution requesting funding from the Minnesota Department of Transportation through a cooperative agreement for Project 859 (TH 55, Lexington Avenue, Blue Gentian Road - Intersection Reconfiguration) and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes October 2,2001 Page 2 O. Project 860. It was recommended to approve the resolution requesting funding from the Minnesota Department of Transportation through a cooperative agreement for Project 860 (TH 55 and Blue Water Road - Intersection Reconfiguration) and authorize the Mayor and City Clerk to execute all related documents. P. Cliff Lake Road & Kvle Way Traffic Control Study. It was recommended to receive the petition and authorize the preparation of a traffic control study by the City Engineer for the intersection of Cliff Lake Road and Kyle Way / CUB Food's driveway entrance. Q. Contract 01-07. It was recommended to approve Change Order No.2 to Contract 01-07 (Lexington Avenue- Divided Four-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. R. Project 861. It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 861 (2002 Citywide Trail Improvements). S. Contract 01-14. It was recommended to approve Change Order No.1 to Contract 01-14 (July 2000 Storm Mitigation Improvements - Misc. Areas #1, 4, 5 & 10) and authorize the Mayor and Deputy City Clerk to execute all related documents. T. Project 840. It was recommended to receive the draft feasibility report for Project 840 (Robin Lane - Storm Mitigation Improvements) and schedule a public hearing to be held on November 8,2001. U. Project 843. It was recommended to receive the draft feasibility report for Project 843 (Beecher Drive - Storm Mitigation Improvements) and schedule a public hearing to be held on November 8, 2001. V. Project 844. It was recommended to receive the draft feasibility report for Project 844 (Forssa Way - Storm Mitigation Improvements) and schedule a public hearing to be held on November 8, 2001. W. Project 845. It was recommended to receive the draft feasibility report for Project 845 (Rocky Lane / Paddock Court - Storm Mitigation Improvements) and schedule a public hearing to be held on November 8, 2001. X. Project 810. It was recommended to approve plans for Contract 01-09A (Lift Station Upgrades - Storm Mitigation Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, November 1, 2001. Y. Golf Course Questionnaire & Survey. It was recommended to approve the contract with Decision Resources for the golf course questionnaire and survey. Continued indefinitelv. Z. ECVB. It was recommended to approve status of Eagan Convention and Visitors Bureau (ECVB) as a separate 50lc(3) corporation retroactive to October 1,2001 and to approve the new Articles ofIncorporation and Bylaws. Continued to October 16. 2001. AA. Toastmasters Month. It was recommended to adopt a Proclamation proclaiming October, 2001 as Toastmasters 01- 6 2 Month. BB. Sub grantee Agreement - Dakota County CDA. It was recommended to approve a Sub grantee Agreement with the Dakota County CDA for the administration of CDBG funds designated by the City Council for Fiscal Year 2001. CC. AUAR for Blue Cross/Blue Shield East Campus. It was recommended to adopt a Resolution/Order to initiate / / - . A Alternative Urban Areawide Review (AUAR) for Blue Cross / Blue Shield East Campus. DD. Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with Verizon, Inc. for an antenna installation on the Southern Lakes Reservoir at 10656 Alton Court, IGH and authorize the Mayor and City Clerk to execute all related documents. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 PUBLIC HEARINGS SUN CLIFF 1ST ADDITION (LOT 13, BLOCK 1) EASEMENT VACATION VARIANCE - RAJ KHANCHANDANI City Administrator Hedges introduced this items regarding a public drainage and utility easement on Lot 13, Block 1, Sun Cliff l't Addition. He stated the request for easement vacation is in conjunction with a variance request to allow a 7 foot building setback from a public right of way and a variance of 1.4% from the maximum 20 percent lot coverage allowed in a residential zoning district. Public Works Director Colbert gave a staff report regarding the easement vacation. He stated that Dakota Electric objects to the easement vacation due to the presence of utility lines within the easement and recommended that the easement vacation be denied. Senior Planner Ridley gave a staff report regarding the variance request. Mr. Khanchandani was present and discussed his plans for an addition to his home and the need for the variance. Eagan City Council Meeting Minutes October 2,2001 Page 3 Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing for the easement vacation and the variance and turned discussion back to the Council. Mayor A wada stated she is concerned over a building being constructed within two feet of a utility line. She also stated that she is concerned that the structure will be too close to the adjacent road. Councilmember Carlson stated she felt the Council should respect the request of Dakota Electric to not vacate the easement. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny the vacation request of a portion of a public drainage and utility easement on Lot 13, Block 1, Sun Cliff 1 sl Addition. Aye: 5 Nay: 0 The applicant requested a time extension for consideration of the variance request to consider amending his application. Mayor A wada moved, Councilmember Tilley seconded a motion to continue consideration of a Variance to allow for a 7 foot setback from a public right-of-way and a Variance to exceed the 20 percent maximum lot coverage requirement by 1.4 percent in a residential district to October 16,2001. Aye: 5 Nay: 0 CONSIDER RESOLUTION ADOPTING THE REDEVELOPMENT PLAN FOR THE CEDAR GROVE REDEVELOPMENT AREA; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO.1 WITHIN THE CEDAR GROVE REDEVELOPMENT AREA; AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR City Administrator Hedges introduced this item regarding the Cedar Grove redevelopment area and the establishment of Tax Increment Financing District No.1. Jim Prosser, Elhers and Associates, gave a presentation on the context of the tax increment fmancing plan. Mayor A wada opened the public hearing. Mayor Awada explained that Doris Dahline, 3830 Alder Lane, had requested that her property be removed from future consideration within the Cedar Grove Redevelopment Area. She stated she felt Ms. Dahline's property should remain in the proposed redevelopment area but suggested a lifetime estate agreement be made between Ms. Dahline and the City. Councilmembers agreed. Ms. Dahline read a letter regarding the impact the proposed TIF district and the potential loss of her home has had on her personally. Eight residents spoke expressing their opinions and asking questions regarding the proposed redevelopment plan and tax increment fmancing. Mayor A wada, Councilmember Bakken and Mr. Prosser explained how tax increment financing works and Council and staff discussed the redevelopment process. Councilmember Tilley stated that she had been a member of the Cedarvale Task Force. She explained the intent of the task force and discussed meetings that were held with the area property owners. Mayor A wada moved, Councilmember Tilley seconded a motion to approve a resolution adopting the redevelopment plan for the Cedar Grove Redevelopment Area, and establishing Tax Increment Financing District No.1 within the Cedar Grove Redevelopment Area, and adopting the plans therefore. Aye: 5 Nay: 0 01-63 Councilmember Tilley left the meeting due to an illness in her family. The Council took a short break at 8:30. Eagan City Council Meeting Minutes October 2,2001 Page 4 HARVEY'S HERITAGE ADDITION (LOT 3, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easement on Lot 3, Block 1, Harvey's Heritage Addition. Public Works Director Colbert 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 Bakken moved, Councilmember Fields seconded a motion to approve the vacation of public drainage and utility easement on Lot 3, Block 1, Harvey's Heritage Addition, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 EAGANDALE CENTER INDUSTRIAL PARK NOS. 3(11 & 2 B4) & 4(L 1-3, B2) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements within Eagandale Center Industrial Park Nos. 3 & 4. Public Works Director Colbert gave a staff report. He recommended that action be continued until consideration of the Final Plat for Eagandale Center Industrial Park No. 17 is completed. 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 Bakken moved, Councilmember Fields seconded a motion to continue consideration of the vacation of public drainage and utility easements within Eagandale Center Industrial Park Nos. 3 & 4, until consideration of the Final Plat for Eagandale Center Industrial Park No. 17. Aye: 4 Nay: 0 PROJECT 748, JOHNNY CAKE RIDGE ROAD STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the fmal assessment roll for Project 748. Public Works Director Colbert gave a staff report. Mayor A wada opened the public hearing. There being no public comment, she closed the public bearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the fmal assessment roll for Project 748 (Johnny Cake Ridge Road - Street & Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 797, LETENDRE 1ST & 2ND ADDITION - STREET OVERLAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the fmal assessment roll for Project 797. Public Works Director Colbert 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 Fields moved, Councilmember Bakken seconded a motion to approve the fmal assessment roll for Project 797 (Letendre 1st and 2nd Additions - Street Overlay) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes October 2, 2001 Page 5 PROJECT 798, CANTERBURY FOREST / WEDGEWOOD 1ST ADDITIONS STREET RECLAMATION FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the fmal assessment roll for Project 798. Public Works Director Colbert 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 Fields moved, Councilmember Bakken seconded a motion to approve the fmal assessment roll for Project 798 (Canterbury Forest/W edgewood 1 st Additions - Street Reclamation) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS PROJECT 751, SOUTH DODD ROAD City Administrator Hedges introduced this item regarding the scope of Project 751. Public Works Director Colbert gave a staff report and stated the basic question of where the Red Pine Lane extension is located is necessary for staff to proceed with detailed design plans and easement acquisition. He further stated there are strongly opposing positions from various neighbors regarding the ultimate alignment and that MnDot has stated they will only approve the alignment that basically follows the platted right of way for Carol Street if Dodd Road is closed with a cul-de-sac. Seven residents spoke expressing their opinions regarding a cul-de-sac on Dodd Road, the elimination of Waterview Trail connection, and the extension of Carol Street. Council and staff discussed the options and agreed that the installation of a cul-de-sac on Dodd Road was the best alternative. Councilmember Carlson moved, Councilmember Bakken seconded a motion to authorize design revisions to Project 751, South Dodd Road (Streets and Utilities) to include the installation of a cul-de-sac on Dodd Road and elimination of the Waterview Trail connection, and the re-advertisement for the solicitation of bids. Aye: 4 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - ADAMS OUTDOOR City Administrator Hedges introduced this item regarding a conditional use permit to erect a single-sided 672 SF off-premise sign upon Canadian Pacific Railway property located south ofTH 55 between 1-35E and Lexington A venue. Senior Planner Ridley gave a staff report. John Bodger, Adams Outdoor Advertising, discussed the history and the proposed signage to be placed on the railroad property. Mayor Awada and Council discussed with Mr. Bodger the possibility of the sign being smaller and double sided. Mayor A wada and the Council also discussed the aesthetic impact the backside of the large proposed sign would have on the Highway 55 / Lexington Avenue area. Further discussion occurred regarding placing signs in railroad right-of-way that, most likely, would never be platted. Mayor A wada moved, Councilmember Fields seconded a motion to direct staff to prepare fmdings of fact for denial of a conditional use permit to erect a single-sided 672 SF off-premise sign upon Canadian Pacific Railway property located south of TH 55 between 1-35E and Lexington Avenue in the northwest '14 of Section 2. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes October 2, 2001 Page 6 Mayor A wada moved, Councilmember Fields seconded a motion to direct staff to prepare an ordinance amendment regarding billboards in railroad right-of-way. PRELIMINARY SUBDIVISION (EAGAN PRESERVE) DUKE REALTY City Administrator Hedges introduced this item regarding a preliminary subdivision (Eagan Preserve) consisting of two lots and two outlots on approximately 20 acres currently platted as Unisys Park 2nd Addition located north of Yankee Doodle Road / Federal Drive intersection. Senior Planner Ridley gave a staff report. Public Works Director Colbert stated that the following conditions should be added to the Advisory Planning Commission recommendation: 13. Outlot A would be conveyed to the City as parks and trails dedication. 14. Outlots C and D would be dedicated as public right-of-way. 15. A building permit shall not be issued for Lot 1 until sanitary sewer is extended to the site. Council and staff discussed future trails and ponding in the area. Bob Smith, Duke Realty, discussed the proposed subdivision and stated he is in agreement with the recommendations of the Advisory Planning Commission. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision (Eagan Preserve) consisting of two lots and two outlots on approximately 20 acres currently platted as Unisys Park 2nd Addition located north of the Yankee Doodle RoadlFederal Drive intersection in the SE l4 of Section 9, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl-4, Cl, 2 and 4, Dl, El, Fl, G1, and HI 2. The property shall be platted. 3. The applicant shall work with city staff to revise "street-scape" landscaping along Central Parkway and along the Community Center access road, to match the "look" of landscaping to be installed through the City improvement project for Central Parkway and the Community Center. 4. All conifer trees (spruce and pine) shall be placed at least 15 feet back of curb areas to allow for mature tree width growth without interference with vehicles, snow storage, lawn maintenance, etc 5. Trees placed inside parking lot islands shall be centered within the island to allow for mature tree root growth and snow storage. The applicant shall also include, within the landscape plan, specifications for soil site preparation inside parking lot islands. Each tree shall be installed in a minimum of 300 cubic feet of top soil, (i.e. 6 x 20 x 2.5 feet top soil). 6. The development shall meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.77 acre-feet covering a minimum area of 0.51 acres. The stormwater treatment pond shall be constructed generally according to NURP standards with a maximum depth of 8 feet and as close as feasible to a 10: 1 aquatic bench from the normal water level. A standard outlet skimmer may not be appropriate in this case because of hydrologic considerations associated with the wetland replacement area. 7. A cash dedication of $9,024 shall be required in lieu of ponding for untreated stormwater that will runoff of 1.3 acres of the site. 8. The proposed wetland replacement and monitoring plan shall be approved by City Council. 9. The developer shall negotiate a Parking Agreement with City for its use of the parking area for City events. 10. The developer shall provide title evidence that the Private Perimeter Road Agreement is no longer applicable to the subject parcel. 11. The developer shall dedicate the right-of-way necessary for the construction of Central parkway. 12. Outlot B shall be removed from the plat and treated as an exception to the plat. 13. Outlot A would be conveyed to the City as parks and trails dedication. 14. Outlots C and D would be dedicated as public right-of -way. 15. A building permit shall not be issued for Lot 1 until sanitary sewer is extended to the site. Eagan City Council Meeting Minutes October 2,2001 Page 7 STOP SIGN PETITION, DIAMOND DRIVE AND GARNET LANE City Administrator Hedges introduced this item regarding a petition for a stop sign on Diamond Drive at Garnet Lane. Public Works Director Colbert gave a staff report. He stated that based on current staff workload of completing this year's construction program, a standard traffic evaluation study cannot be completed this year unless a consultant is retained. Mayor Awada moved, Councilmember Fields seconded a motion to receive the petition for a stop sign and direct staff to conduct a traffic evaluation study on Diamond Drive at Garnet Lane in the Spring of2002. Aye: 4 Nay: 0 ADMINISTRATIVE AGENDA PLANNED DEVELOPMENT STUDY City Administrator Hedges stated that Councilmember Bakken had volunteered to act as a Committee of the City Council to review Planned Developments of record with City staff and present his fmdings to the City Council. Mayor A wada and other Councilmembers agreed to appoint Councilmember Bakken to review the Planned Developments of record. VISITORS TO BE HEARD Denise Lewis, representing ISD 196, stated she wanted to commend Councilmember Tilley for her involvement with the School District. She stated she was also impressed with Eagan residents who take an interest in the School District. ADJOURNMENT The meeting adjourned at 10:35 p.m. into an Executive Session for the purpose of reviewing fmal settlement proposal for the EHW vs. City of Eagan lawsuit. 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.