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11/20/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 20, 2001 A regular meeting of the Eagan City Council was held on Tuesday, November 20,2001 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, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira McGarvey, AGENDA Mayor Awada recommended that three additional items regarding a Sister City Program; a warming house / gazebo at the Central Park skating pond site; and an amendment to an agreement with Wenzel Financial, be added to the Consent Agenda as items X, Y and Z. Mayor Awada also recommended that item A under Old Business regarding General Obligation Recreational Facility Bonds be moved to Recognitions and Presentations. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS RECEIVE BID AND AWARD SALE OF $13,970,000 GENERAL OBLIGATION RECREATIONAL FACILITY BONDS, SERIES 2001A City Administrator Hedges introduced Dave MacGillivary of Springsted, the City's finance advisors, who made a presentation regarding the sale of General Obligation Recreational Facility Bonds. City Administrator Hedges made a presentation regarding the City's upgraded credit rating from Aa2 to Aa1 that Moody's gave the Recreational Facility Bonds. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the resolution awarding the sale of $13, 970,000 General Obligation Recreational Facility Bonds, 01-76 Series 2001A. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 8, 2001 regular City Council meeting, the November 8,2001 Listening Session minutes, and the November 13, 2001 Special Goals Workshop minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Barbara Majchrzak as a Clerical Technician III in Community Development. Eagan City Council Meeting Minutes November 20,2001 Page 2 2. It was recommended to approve the 2002 rates with Stanton Group, Inc" to administer the City of Eagan's Flexible Spending Plan. 3. It was recommended to increase the deduction limit for additional medical expenses under the Flexible Spending Plan from $2000 in 2001 to $2500 in 2002. C. Perrier Wines & Liquors Name Change. It was recommended to approve a name change from Great Northern Spirits located at 1960 Cliff Road to Perrier Wines and Liquors. D. Renewals of Existing Liquor Licenses. It was recommended to approve the renewals of existing liquor licenses for 2002, subject to review of applications, payment of fees and Police Department reviews. E. On-Sale Liquor and Sunday License. It was recommended to approve the on-sale liquor and Sunday license for Minnesota Robins, Inc., dba Eagan Red Robin, 1230 Town Centre Drive. F. Change in Management - Lost Spur Golf Course, It was recommended to approve a change in the management of the Lost Spur Golf Course located at 2750 Sibley Memorial Highway, subject to Police Department review. G. Change in Management - Chili's Southwest Bar and Grill. It was recommended to approve a change in management of Chili's Southwest Bar and Grill located at 3625 Pilot Knob Road, subject to Police Department review. H, Change in Mana,gement - Holiday StationStores. It was recommended to approve a change in management of Holiday Stationstores #247 located at 3615 Pilot Knob Road, 1. Proiect 861. It was recommended to receive the Draft Feasibility Report for Project 861 (2002 City-wide Trail Improvements) and schedule a public hearing to be held on December 18, 2001. J. Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue - Divided Four-lane Upgrade) with owner of Parcels 10-22502-010-06 and 10-22502-020-01 (Teacher's Retirement System of the State of Illinois) and authorize the Mayor and City Clerk to execute all related documents. K. Tax Forfeited Property. It was recommended to declare the following parcel as non- conservation land: 10-83730-011-00 (Outlot A, Wescott Square, Except Part Platted as Eagan Oaks). L. Final Subdivision. It was recommended to approve a Final Subdivision (Kennerick Addition) to create two single-family lots and four outlots on 8.63 acres located west of Pilot Knob Road and north of Lone Oak Road in the SE Y4 of Section 4. M. Final Plat. It was recommended to approve a Final Plat to replat Outlot A, Bachel's Backyard into a lot (Lindstrom Acres) located south of Skyline Road in the SE Y4 of Section 4. N. Final Subdivision. It was recommended to approve a Final Subdivision (Perron Acres) on 10.7 acres located east of Dodd Road and south ofConventry Parkway in the SE Y40fSection 24. O. Truth in Taxation. It was recommended to schedule a Truth in Taxation public hearing for December 11, 2001. P. Project 796, Cedar Cliff and Mari Acres Street Overlay. It was recommended to receive the draft feasibility report for Project 796 (Cedar Cliff and Mari Acres - Street Overlay and Drainage Improvements) and schedule a public hearing to be held on December 18, 2001, Q. Project 852. It was recommended to receive the draft feasibility report for Project 852 (Post Addition, Rustic Hills Addition and Oster Addition - Street Overlay I Reclamation) and schedule a public hearing to be held on December 18, 2001. 01-77 01-78 01-79 Eagan City Council Meeting Minutes November 20,2001 Page 3 R. Proiect 00-1. It was recommended to approve the extension of the development contract for Pinetree Pass 6th Addition and authorize the Mayor and Deputy City Clerk to execute all related documents, S. 2002 License Renewals. It was recommended to approve 2002 Commercial - Resident - Construction / Demo Trash Hauler License Renewals; 2002 Commercial Fertilizer License Renewals; 2002 Tree Contractor License Renewal; 2002 Tobacco License Renewals; 2002 Stable License Renewals. T. MVTA Joint Powers Agreement. It was recommended to request a continuance from the MVT A for their consideration of a proposed amendment ofthe By-laws and Joint Powers Agreement of the Minnesota Valley Transit Authority. U. Findings of Fact. It was recommended to adopt Findings of Fact, Conclusions and Resolution for Denial of a Variance of3.8% to the maximum lot coverage of20% in a residential zoning district for Lot 3, Block 1, Majestic Oaks 2nd Addition. V. Easement Agreement. It was recommended to approve an Easement Agreement for Project 824 (Beacon Hill / Ridge Cliff Drive / Penkwe Way - Storm Sewer Mitigation) with the owner of Parcel 10-39800-070-01 (4760 Penkwe Circle) and authorize the Mayor and City Clerk to execute all related documents. W. Consumption and Display Permit. It was recommended to approve a Consumption and Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. X. Resolution / Dakota County Sister City Program. It was recommended to approve a Resolution that the City of Eagan recognizes and supports the sister city relationship between Dakota County, Minnesota and Chengde, China. y. Consider Warming House / Gazebo at Central park Skating Pond Site, It was recommended to direct the Advisory Parks Commission to allocate $50,000 in their 2002 CIP for a warming house / gazebo structure to be built during the initial Central Park site development. Z. Agreement - Wenzel Financial. It was recommended to authorize an amendment of the agreement to allow conveyance of excess MnDOT property from the City to Wenzel Financial. PUBLIC HEARINGS PROJECT 795, COVINGTON LANE / BEACONS HILL / BRITTANY I_6TH / JOHNNY CAKE RIDGE ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding the preparation of detailed plans and specifications for Project 795, Covington Lane / Beacon Hill! Brittany I-6th and Johnny Cake Ridge Additions - Street Overlay, along with three public hearings to follow regarding Project 853 - Woodgate 151 Addition, Project 854 - Parkcliff 1_3rd Additions and Project 856- Ches Mark I-5th Additions Street Overlay. Public Works Director Colbert gave an overview of Projects 795,853,854 and 856. Assistant City Engineer John Gorder gave a staffreport on Project 795. Mayor Awada opened the public hearing for Project 795. There being no public comment, she closed the public hearing and turned discussion back to the Council. 01-80 01-81 Eagan City Council Meeting Minutes November 20,2001 Page 4 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 795 (Covington Lane / Beacon Hill / Brittany I_6th / Johnny Cake Ridge Additions- Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 853, WOODGATE 1ST ADDITION STREET OVERLAY City Administrator Hedges introduced this item regarding the preparation of detailed plans and specifications for Project 853 (W oodgate 1 st Addition - Street Overlay). Assistant City Engineer John Gorder gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned the discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 853 (W oodgate 1 st Addition - Street Overlay and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 854, P ARKCLIFF 1 ST - 3RD ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding preparation of detailed plans and specifications for Parkcliff 1 st - 3rd Additions - Street Overlay. Assistant City Engineer gave a staff report. Mayor Awada opened the public hearing. Art Link, 4665 Park Cliff Drive, questioned the timing of the project since some of the streets have only been in existence since 1984. He suggested that another seal coat be done at this time rather than an overlay. Public Works Director Colbert explained that an entire neighborhood is looked at collectively rather than as separate street segments in an effort to bring the entire neighborhood up to one level. He stated that more reconstruction work could be necessary at a greater assessment percentage as compared to the overlay program ifthe project is delayed. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 854 (Parkcliff 1 st - 3rd Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 856, CHES MAR 1 ST - 5TH ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding the preparation of detailed plans and specifications for Project 856 (Ches Mar 1 st - 5th Additions - Street Overlay). Assistant City Engineer Gorder gave a staff report. Eagan City Council Meeting Minutes November 20, 2001 Page 5 Mayor Awada 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 856 (Ches Mar 1 st - 5th Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS CLIFF LAKE ROAD & KYLE WAY TRAFFIC ANALYSIS City Administrator Hedges introduced this item regarding an engineering traffic analysis for the intersection of Cliff Lake Road and Kyle Way. Public Works Director Colbert gave a staff report. He indicated that upon engineering review of the intersection and an evaluation of the existing traffic control and site conditions, it appears that the intersection does not currently meet the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) requirements for additional traffic control measures. Jack Puterbaugh expressed his disagreement with the evaluation and discussed his concerns regarding pedestrian safety. Councilmember Tilley and Carlson discussed the possibility of a flashing pedestrian light. Mayor Awada stated that an overall policy should be reviewed to ensure consistency for all crosswalks throughout the City. Councilmember Bakken agreed. Mayor Awada moved, Councilmember Carlson seconded a motion to receive the engineering traffic analysis for the intersection of Cliff Lake Road and Kyle Way / Cub Foods entrance and deny any further consideration of additional traffic control improvements at said intersection. Aye: 5 Nay: 0 Councilmember Tilley moved, Mayor A wada seconded a motion to direct staff to conduct a study of flashing warning lights at pedestrian crossings throughout the City to be presented at a Council work session in January. Aye: 5 Nay: 0 CHARTER COMMISSION - REQUEST TO USE COUNCIL CHAMBERS City Administrator Hedges provided information regarding a request by the Charter Commission to use the City Council Chambers as their meeting location. Betty Fedde, member of the Eagan Charter Commission, stated that the Charter Commission is a judicially appointed commission comprised of Eagan residents. She read a letter from First Judicial District Chief Judge Richard Spicer recommending that the City provide the Eagan Charter Commission meeting space at City Hall at no charge. Eagan City Council Meeting Minutes November 20,2001 Page 6 Councilmember Bakken asked in what capacity Betty Fedde was speaking, as a Charter Commission member or a private resident and did the Charter Commission ask her to appear on their behalf? She stated she had been elected Chair of Charter Commission. Michael Dean stated that the City Council has the authority to allow use of the Council Chambers which is what the Charter Commission is requesting. Mayor A wada asked City Attorney Dougherty to explain the role of the Charter Commission and the legislative branch of government that regulates the City. Councilmember Carlson stated she felt if the Charter Commission were allowed to utilize the Council Chambers, a precedent would be set and other community groups would have to be treated the same. Councilmember Bakken stated that the Council is trying to be consistent with all community groups. Councilmember Tilley asked how many City appointed Commissions meet in the Chambers and why the Charter Commission wants the Chambers rather than the Community Room. Staff indicated there are six City appointed Advisory Commissions that use the Council Chambers. Bette Fedde explained that the Charter Commission prefers to use the Council Chambers rather than the Community Room due to scheduled reconstruction of the Community Room and the fact that the Chambers would be more conducive to their meeting needs and would be more convenient for residents and guests who will be attending the Charter Commission meetings . Michael Dean spoke at length about why the Charter Commission feels they are as much a part of the City as other commissions. Councilmember Tilley stated she does not have a problem with letting the Charter Commission use the Council Chambers. Councilmember Fields stated she felt that residents viewing the various commission meetings would be confused by the Charter Commission members who also serve on City - appointed commissions given that residents are only allowed to serve on one commission at a time. She felt it would not be clear that the Charter Commission is not appointed by the City. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny the Charter Commission's request to use the City Council Chambers as the Charter Commission's meeting location. Aye: 4 Nay: 1 Tilley opposed HISTORICAL SOCIETY - COMMISSION STATUS Mayor A wada moved, Councilmember Bakken seconded a motion to continue consideration of the creation of an Advisory Historical Commission to a future Council work seSSIOn. Eagan City Council Meeting Minutes November 20, 2001 Page 7 NEW BUSINESS REZONING, PRELIMINARY SUBDIVISION, AND VARIANCE (BERGIN ADDITION) TOM BERGIN, SR. City Administrator Hedges introduced this item regarding a rezoning of a five acre parcel from A(Agriculture) to R-1 (Residential Single Family) located on Deerwood Drive and a preliminary subdivision to create two lots for single family dwellings and one outlot for park purposes and a variance from the improved public street access requirement to allow unimproved access on a five acre parcel located on Deerwood Drive. Senior Planner Ridley gave a staff report. Tom Bergin questioned the storm sewer charges. Mayor Awada explained that all residents pay the storm sewer fees when their property is developed. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Rezoning ofa five (5) acre parcel from A (Agriculture) to R-1 (Residential Single Family) located on Deerwood Drive in the SW ~ of Section 22. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two lots for single family dwellings and one outlot for park purposes (Bergin Addition) and a Variance from the improved public street access requirement to allow unimproved access on a five acre parcel located on Deerwood Drive in the SW ~ of Section 22 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 3, 1993: B1, 3, 4; Gl. 2. The property shall be final platted. 3. An individual lot tree preservation plan will be required at the time of building permit application for Lot 2. 4. A cash dedication of approximately $5,135 in lieu of on-site water quality ponding shall be required for this development. 5. The transfer of Outlot A to the City shall occur prior to issuance of a building permit for Lot 2, Block 1, Bergin Addition. 6. If the development is allowed to utilize a private driveway for access to both lots, the developer shall provide a private driveway for access to both lots, the developer shall provide a private access easement agreement for review and approval by the City Attorney prior to final subdivision approval. VISITORS TO BE HEARD There were no visitors who wished to speak. ADJOURNMENT The meeting adjourned at 8:35 p.m. Eagan City Council Meeting Minutes November 20, 2001 Page 8 ., 11'] / r) J,. /)D' , / !!((; / nlLt. 'L 21 I :7{.{) 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.