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10/16/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 16, 2001 A regular meeting ofthe Eagan City Council was held on Tuesday, October 16, 2001at 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, City Attorney Mike Dougherty and Administrative Secretary Mira McGarvey. AGENDA Mayor Awada announced that Item B, Old Business regarding a Comprehensive Guide Plan Amendment, Rezoning and Preliminary Subdivision - Shelter Corporation will be continued at the request of the developer until the November 8,2001 Council meeting. City Administrator Hedges suggested that Item D, Public Hearings, regarding an easement vacation for Effress Addition be heard prior to Item C, Project 850, as a courtesy to the applicant due to the possible length of the Project 850 public hearing. He also stated that the applicant has requested a Footings and Foundation Permit for Effress Addition. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS SWEARING IN OF POLICE OFFICERS City Administrator Hedges introduced Chief of Police Therkelsen who introduced and discussed the background of Anthony Lejcher, Matthew Ondrey and Sean Sweeney. Deputy City Clerk McGarvey administered the Oath of Office to the Officers. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the October 2,2001 Regular City Council meeting, the October 2,2001 Listening Session, and the September 17,2001 Listening Session. B. Personnel Items. 1. It was recommended to approve the hiring of Ryan Ross as a part-time seasonal Civic Arena supervisor. 2. It was recommended to approve the hiring of Chad Hanson and Tom Mayas part-time seasonal skateguards. 3, It was recommended to approve the establishment of a Director of Communications position. 4. It was recommended to officially designate Maria Karels as City Clerk; Tom Hedges, Mira McGarvey and Gene VanOverbeke as Deputy City Clerks; Tom Pepper as City Treasurer; and Gene VanOverbeke as Deputy City Treasurer. 5. It was recommended to accept the letter of resignation from Police Officer Claire Wagner. Eagan City Council Meeting Minutes October 16, 2001 Page 2 6. It was recommended to accept the letter of resignation from Loudi Rivamonte, Youth Development Coordinator. C. Findings of Fact. It was recommended to adopt Findings of Fact, Conclusion and Resolution 01-64 for Denial of a Conditional Use Permit for Adams Outdoor to erect a 672 square foot, single- sided off-premise sign upon Canadian Pacific Railway property located south ofTH 55 between I-35E and Lexington Avenue in the northwest 'l4 of Section 2. D. Public Hearing - Hazardous Conditions. It was recommended to schedule a public hearing for certification of judgment for the Council order to remove hazardous conditions of buildings/property. E. NE Eagan Development District No.2 TlF Funds. It was recommended to approve the 01- 6 ~ resolution authorizing use ofNE Eagan Development District No.2 TlF funds to finance Lone Oak Road upgrade (Project 668). F. General Obligation Recreational Facilities Bonds, Series 2001 A. It was recommended to 01- 6 6 approve the resolution to issue and sell $13,970,000 General Obligation Recreational Facilities (Community Center/Central Park) Bonds, Series 2001 A. G. Final Plans and Specifications for Community Center. It was recommended to approve the final plans and specifications for the Community Center building and approve the language for construction services bid advertising. H. Eagandale Office Park 5th Addition, It was recommended to approve a sixty-day recording extension for the Eagandale Office Park 5th Addition. I. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 10, Section 10.11, entitled dog and cat regulation and dog licensing, revising language pertaining to potentially dangerous and dangerous dog designations as a result of revisions to Minn. Stat 9347.50-9347.55. J. Grant from Sam's Club. It was recommended to accept a grant from Sam's Club in the amount of $500.00. K. Project 795. It was recommended to receive the draft feasibility report for Project 795 (Covington Lane, Beacon Hill, Brittany 1 st - 6th Additions, Johnny Cake Ridge Additions - Street Overlay) and schedule a public hearing to be held on November 20, 2001. L. Project 853. It was recommended to receive the draft feasibility report for Project 853 (Woodgate 1 st Addition - Street Overlay) and schedule a public hearing to be held on November 20, 2001. M. Project 854. It was recommended to receive the draft feasibility report for Project 854 (Parkcliff 1 st - 3rd Additions - Street Overlay) and schedule a public hearing to be held on November 20, 2001. N. Project 856. It was recommended to receive the draft feasibility report for Project 856 (Ches Mar 1 st - 5th Addition - Street Overlay) and schedule a public hearing to be held on Nov ember 20,2001. O. Contract 00-01. It was recommended to approve Change Order #3 and the Final Pay Request for Contract 00-01 (Cliff Road Water Treatment Facility - Restoration) and authorize perpetual maintenance in accordance with the contract documents. P. Project 849. It was recommended to authorize th preparation of a feasibility report for Project 849 (Deerwood Place - Storm Mitigation Improvements) by the City's consulting engineering firm of Bon est roo, Rosene, Anderlik and Associates (BRAA). Q. Project 771. It was recommended to approve an Easement Agreement for 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. Eagan City Council Meeting Minutes October 16, 2001 Page 3 R. Proiect 749. It was recommended to approve an Easement Agreement for Project 749 (Trunk Highway 55 South Frontage Road - Street and Utility Improvements) with the owner of Parcel 10-03800-070-10 (3225 Highway 55) and authorize the Mayor and City Clerk to execute all related documents. S. Ordinance #2.38, It was recommended to direct city staff to draft an amendment to City Ordinance #2.38 that allows the City's Code Enforcement Technicians to issue citations for violations of the City Code; and delete the reference to Sign Inspectors. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 668, LONE OAK ROAD RECONSTRUCTION / UPGRADE FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 668 (Lone Oak Road Reconstruction / Upgrade - Lexington Avenue to Highway 55 / 149) and authorize its certification to Dakota County for collection. 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 Carlson seconded a motion to approve the final assessment roll for Project 668 (Lone Oak Road Reconstruction / Upgrade - Lexington Avenue to Highway 55 / 149) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 799, EAGANDALE CENTER INDUSTRIAL PARK STREET IMPROVEMENTS FINAL ASSESSMENT HEARING Mayor A wada abstained from this item due to being a property owner proposed to be assessed as part of Project 799. Councilmember Bakken took over the meeting as Acting Mayor. City Administrator Hedges introduced this item regarding the final assessment roll for Project 799 (Eagandale Center Industrial Park and Eagandale Office Park Additions - Street Improvements). Public Works Director Colbert gave a staff report. Acting Mayor Bakken opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the final assessment roll for Project 799 (Eagandale Center Industrial Park and Eagandale Office Eagan City Council Meeting Minutes October 16, 2001 Page 4 Park Additions - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 EFFRESS ADDITION - EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements within Effress Addition and a request for a footings and foundation permit. Public Works Director Colbert gave a staff report. He discussed the request for footings and foundation permit and stated that staff is comfortable with the issuance of the permit. Attorney Gary Fuchs was present and explained the delay of the final plat. Mayor Awada opened the public hearing. There being no public comment she closed the public hearing and turned discussion back to Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to continue action of the vacation of public drainage and utility easements within Effress Addition, until the time of consideration of the Final Plat and Subdivision for Effress 2nd Addition. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a footing and foundation permit for the Effress Addition subject to no building permit being issued until the final plat is recorded and that the footing and foundation activity not progress above grade. Aye: 5 Nay: 0 PROJECT 850, DODD ROAD (STREETS AND UTILITIES) City Administrator Hedges introduced this item regarding Project 850, Dodd Road. Mark Hanson of Bonestroo Rosene Anderlik and Associates made a presentation. Mayor Awada opened the public hearing. Approximately 36 residents spoke expressing their opinions regarding the proposed project. Discussion included: The historical perspective of Dodd Road and the possibility of signage indicating the historical significance; the feasibility of a meandering trail; the possibility of a feasibility study for improvements between Camberwell and Elrene; increased traffic and safety issues; a trail only on one side of Dodd versus both sides. Mayor A wada closed the public hearing and turned discussion back to the Council. Mayor Awada discussed the historical perspective of Dodd Road and the possibility of historical markers being installed, She further discussed the need for a trail for safety purposes and the possibility of upgrading the entire length of Dodd Road. Councilmember Fields suggested a trail be installed just on the east side of Dodd Road. Councilmember Tilley addressed the speed limits and stating that another issue to be considered would be the plowing of the trail. She stated she would like to see more detailed drawings of what is being proposed. Councilmember Bakken stated he is in favor of the upgrade without a parking lane. Eagan City Council Meeting Minutes October 16,2001 Page 5 Councilmember Carlson discussed the meandering trail and the possible disturbance the installation would cause in comparison to the proposed upgrade. She also discussed possible changes to water flow should the meandering trail be installed. She stated if the meandering trail does have support that the upgrade road should be as minimal as possible to provide a trail. She supported 2 lanes with a safety lane with a trail only on the East side but stated the boulevard should be sized down to 4 foot with a 8 foot trail. Councilmember Carlson went on to state that ending the upgrade at Camberwell would detract from this beautiful setting and if the road was going to be upgraded it should be done all at the same time. She stated that being that the public's input was willing to reach a compromise, when the feasibility report for the rest of Dodd came before them, the public and Council must be consistent to what was agreed upon with Project 850. Mayor Awada moved to approve Project 850 (Dodd Road - Streets and Utilities) with the trail only on the east side and authorize the preparation of detail plans and specifications. There was no second to the motion. Motion withdrawn. Public Works Colbert discussed street widths and safety lane. Mayor Awada moved, Councilmember Fields seconded a motion to approve Project 850 with a trail and a four foot boulevard on the east side of Dodd Road. Aye: 4 Nay: 1 Bakken opposed. Councilmember Bakken moved, Councilmember Tilley seconded a motion to authorize staff to prepare a feasibility report for a similar design for the section of Dodd Road between Ethan and Wescott. Ayes: 5 Nay: 0 OLD BUSINESS VARIANCE - RAJ KHANCHANDANI City Administrator Hedges introduced this item regarding a Variance to allow for ala foot setback from a public right-of-way and a Variance to exceed the 20 percent maximum lot coverage requirement by .7 percent in a residential district at 4277 Sunrise Road. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to allow for a la-foot setback from a public right-of-way in a residential district. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Variance to exceed the 20 percent maximum lot coverage requirement by .7 percent in a residential district. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION - SHELTER CORP. Continued to November 8, 2001 at the request of the applicant. Eagan City Council Meeting Minutes October 16,2001 Page 6 ORDINANCE AMENDMENT - DIRECT PREPARATION OF ORDINANCE AMENDMENT ESTABLISHING THE EAGAN CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS AS A COMMISSION OF THE CITY OF EAGAN City Administrator Hedges introduced this item and provided background information regarding an ordinance amendment that would establish the Eagan Convention and Visitor Bureau (ECVB) Board of Directors as a Commission ofthe City of Eagan. ECVB Board members spoke expressing their opposition to the Convention and Visitors Bureau being governed by the City. City Attorney Dougherty explained that the EDVB is the responsibility of the City which is consistent with the position of the State Auditor. He also discussed the history of how the ECVB was first structured under the Chamber of Commerce. Councilmember Bakken stated he would not support an independent body that could levy a tax without direct over site by the City. Mayor A wada stated that an ordinance would not be approved until the City and ECVB have met to discuss the matter. Councilmember Carlson explained that it is not the Council's intent to micromanage the ECVB. After a lengthy discussion between the Council, ECVB Board members and staff, it was decided that a meeting will be scheduled with a representative of the ECVB and the Communications Committee of the City Council to discuss the make up of the Board for the ECVB. Mayor Awada explained that the ordinance would only address the number of members to be appointed to the Board and not who will actually be appointed. Consideration of the ordinance will be scheduled for the November 8, 2001 meeting, but if more time is needed to resolve the issues, the item will be continued. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare an ordinance amendment establishing the Eagan Convention and Visitors Bureau Board of Directors as a Commission of the City of Eagan. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (VERDANT HILLS 3RD ADDITION) City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Verdant Hills 3rd Addition) to create two single-family lots, on .73 acres located south of Woodland Court and east of W escott Woodlands, Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Verdant Hills 3rd Addition) to create two single-family lots, on .73 acres located south of Woodland Court and east of Wescott Woodlands in the NE ~ of Section 14 subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al and B1 2. The property shall be platted. Eagan City Council Meeting Minutes October 16, 2001 Page 7 3. All existing buildings shall be removed from the site prior to final subdivision approvaL 4. All well an septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards prior to final subdivision approvaL 5. New houses to be built within Verdant Hills 3rd Addition shall connect to municipal utilities. 6. Architectural designs and construction methods for new construction shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This will require an inside noise level reduction of at least 20 dBA. 7. The subdivision shall be subject to a cash park dedication and cash trail dedication for one residential lot. 8. A cash dedication of $837.00 in lieu of on-site water quality ponding shall be required for this development. 9, Individual Lot Tree Preservation Plans shall be submitted at the time of building/grading permit application for each lot. REZONING AND PRELIMINARY SUBDIVISION (NICOLS RIDGE) - DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding a Rezoning of approximately 26 acres from Community Shopping Center and Agriculture to Planned Development to allow 269 townhomes located east of Nicols Road and south of Beau d' Rue. Senior Planner Ridley gave a staff report. Mark Parranto, Delta Development, presented the project in detaiL Three residents spoke regarding the proposed subdivision. Their comments and concerns included density, traffic, setbacks, tree preservation and environmental issues. Mayor Awada explained that she supports the rezoning but feels the project is too dense and requires further refinement. Mr. Parranto expressed concern regarding the Tax Increment Financing Funds, Mayor A wada moved, Councilmember Carlson seconded a motion to approve a Rezoning of approximately 26 acres from Community Shopping Center and Agriculture to Planned Development subject to the townhome density being reduced by 15%, located east of Nicols Road and south of Beau d' Rue in the NE ~ of Section 19, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall receive final subdivision approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Preliminary and Final Planned Development Agreement with the City. 3. The following exhibits are required for the Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Retaining wall and boundary fence detail plan 4. All trash haulers and recycling receptacles shall be located indoors. 5. All site signage shall comply with applicable provisions of the City Sign Ordinance. Eagan City Council Meeting Minutes October 16,2001 Page 8 6. All on-site street lighting shall be hooded and directed to deflect light away from adjacent properties, ORDINANCE AMENDMENT - CHAPTER 10, SUBD. 10.53 - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 10, Subd. 10.53 relating to fence maintenance and firewood storage. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to adopt an ordinance amendment to Chapter 10, Subd. 10.53 relating to fence maintenance and firewood storage. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER FOUR CONSTRUCTION LICENSING, PERMITS AND REGULATIONS City Administrator Hedges introduced this item regarding an ordinanc~ amending Eagan City Code Chapter Four by amending Section 4.20, regarding general sign standards. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt an ordinance amending Eagan City Code Chapter Four by amending Section 4.20, Subd. 3(H); and by adopting by reference Eagan City Code Chapter 1 and Section 4.99. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE REVIEW OF AMM LEGISLATIVE POLICIES The Council agreed with the policies as presented by the City Administrator and drafted by the AMM Legislative Committees. VISITORS TO BE HEARD Kate Lavene questioned why the Council is not taking a position on the 196 levy issue. Mayor Awada explained that the City Council does not take a position because it is a political Issue. ADJOURNMENT The meeting adjourned at 1 :35 a.m. [/(I/d1f/v Ii )C'O! Date \ Eagan City Council Meeting Minutes October 16, 2001 Page 9 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.