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08/03/1999 - City Council Regular 00223 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 3, 1999 A regular meeting of the Eagan City Council was held on Tuesday, August 3, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Mayor A wad a noted that Item B of New Business, Rezoning, City of Eagan, was being continued. City Administrator Hedges stated that this item was being continued because the landowner had not been sent an official meeting notice. He further stated that this item would be renoticed and referred back to the Advisory Planning Commission. Mayor A wada said that Item A of Public Hearings, Variance - Michael Corazzo, had been withdrawn by the applicant. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the agenda as modified. Aye: 5 Nay: 0 MINUTES OF THE JUNE 29, 1999 SPECIAL MEETING Councilmember Blomquist moved, Mayor Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JULY 6, 1999 REGULAR MEETING Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JULY 20, 1999 REGULAR MEETING Mayor A wada requested that the fourth sentence in the sixth paragraph on page seven be revised as follows, "Mayor Awada mentioned that she did not recall anyone requesting any variances to fence height in the past eight years." She also noted that the vote for Linvill Properties - Day By Day Child Care Development Center on page nine had been omitted and requested it be included as follows: Aye: S' Nay: 0 Councilmember Bakken moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS PROCLAMATION OBSERVING AUGUST 3, 1999 AS NATIONAL NIGHT OUT City Administrator Hedges provided an overview on this item. Councilmember Bakken mbved, Councilmember Masin seconded a motion to approve a 99- 5 5 proclamation observing August 3,1999 as National Night Out and to recognize the neighborhoods and apartment complexes that will be participating in this event. Aye: 5 Nay: 0 EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 3,1999 PAGE 2 00224 CEDAR A VENUFfHIGHW A Y 13 TASK FORCE CONSIDER AMENDMENT OF SRF CONTRACT City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the amended scope of work for SRF Consulting Group, Inc. related to the Cedar Avenue and Highway 13 Redevelopment Task Force. Betty Bassett, Cedar Avenue/Highway 13 Task Force Member, expressed her dissatisfaction with the results of the Cedar Avenue/Highway 13 Redevelopment Study because she believes access and visibility have not adequately been addressed to this point. She said that the Wuthering Heights neighborhood should have had more representation on the task force. Councilmember Blomquist said that the City needs to continue moving forward with the project. A vote was taken on the motion. Aye: 5 Nay: 0 CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended as a temporary drug task force clerical technician. Item 2. It was recommended to approve the hiring of a person to be recommended as a temporary recycling intern. Item 3. It was recommended to approve the hiring of Jesse Viall as a seasonal operations maintenance assistant supervisor for Cascade Bay. Item 4. It was recommended to approve the hiring of Matt DiIoia, Daniel Mills and Rachael Ramaker as seasonal lifeguards for Cascade Bay. Item 5. It was recommended to approve the hiring of Ryan Sisson as a seasonal maintenance worker for Cascade Bay. Item 6. It was recommended to approve the hiring of Mark Cleare as a seasonal supervisor for the Civic Arena. Item 7. It was recommended to approve the hiring of James Bredemus and Julie Russomanno as seasonal concession workers for the Northview fields. Item 8. The drug testing policy for lifeguards employed by Cascade Bay was continued for adoption. Item 9. It was recommended to accept the resignation of the Administrative Intern. B. Contract 99-11, receive bids/ award contract (Wescott Road - Sealcoat & Restriping:). It was recommended to reject all bids for Contract 99-11 (Wescott Road Sealcoat & Restriping Improvements), order the deletion of the sealcoating portion of said contract, and authorize the advertisement for a bid opening to be held at 10:30 a,m. on Thursday, August 26,1999, for the revised contract. C. Contract 99-09, receive bids/ award contract (Advent United Methodist/Patrick Eagan Park - Parking Lot and Utilities). It was recommended to receive the bids for Contract 99-09 (Advent United Methodist 00225 EAGAN CIlY COUNCIL MEEfING MINUTF5; AUGUST 3, 1999 PAGE 3 Church/Patrick Eagan Park - Park Lot & Utility Improvements), award the contract to Bituminous Roadways, for the Base Bid in the amount of $119,712,00, and authorize the Mayor and City Clerk to execute all related documents. D. Project 97-00, acknowledge completion/ authorize City maintenance (GVR Acres - Street & Utilities). It was recommended to acknowledge the completion of Contract 97-QQ (GVR Acres - Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. E. Contract 98-18, approve Change Order No.2 (Oak Pond Road - Street Improvements). It was recommended to approve Change Order No.2 to Contract 98-18 (Oak Pond Road - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. F, Contract 99-03, approve Change Order No.1 (Yankee Reservoir - Refurbish & Repaint). It was recommended to approve Change Order No.1 to Contract 99-03 (Yankee Doodle Reservoir - Refurbish and Repaint) and authorize the Mayor and City Clerk to execute all related documents. G. Contracts 98-N & 0, amend development contract (Completion Schedule - Pinetree Pass 2nd & 3rd Add.). It was recommended to approve an amendment to the development contracts for Projects 98-N and 98-0 (Pinetree Pass 2nd and 3rd Additions - Street and Utilities) by extending the completion time for the bituminous wear course until September 15, 1999. H. Project 663, approve settlement agreement (Valley View Plateau - Nooryshokry). It was recommended to approve a Settlement Agreement for Parcel 10-41000-012-01 regarding the assessment for Project 663 (Valley View Plateau - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. I. Project 98- T, amend development contract (Completion Schedule - Royal Oaks Add.). It was recommended to amend the development contract for Project 98- T (Royal Oaks Addition - Street and Utilities) by extending the completion time for the bituminous wear course until August 30,2000. J. Advertise for bids Fire Station No.2 repairs. It was recommended to authorize an advertisement for bids to consider repairs to Fire Station No.2. K. Construction/Demolition debris hauler license for Armor Roll-Off Services. It was recommended to approve a construction/ demolition debris hauler license for Armor Roll-Off Service as presented. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - MICHAEL CORAZZO The variance request was withdrawn by the applicant. PROJECT 694, FINAL ASSESSMENT HEARING - NORTHWOOD PARKWAY Councilmember Bakken moved, Councilmember Carlson seconded a motion to reschedule the public hearing for Project 694 (Northwood Parkway - Street and Utility Improvements) to August 17, 1999. Aye: 5 Nay: 0 EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 3,1999 PAGE 4 00226 V ACATION OF DRAINAGE & UTILITY EASEMENTS (OAKBROOKE ADDITION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the vacation of the drainage and utility easements on Lot 4, Block 1, Lot 4, Block 2, Lot 23, Block 3 and Lot 14, Block 4, Oakbrooke Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 (Blomquist abstained) VACATION OF DRAINAGE & UTILITY EASEMENTS (HIGHVIEW PARK) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor A wada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. Councilmember Carlson moved, Councilmember Masin seconded a motion to approve the vacation of a drainage and utility easement on Lot 1, Block 1, Highview Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMITS - TELIGENT/OPUS (EAGAN DALE CENTER INDUSTRIAL PARK NO. 13 - 3030 LEXINGTON AVENUE) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a 2,OOO-gallon above ground fuel storage tank on property located at 3030 Lexington Avenue subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by.the City Council. 2. The tank shall be located in the east area of the site identified on the site plan dated 6/7/99 and site plan detail dated 4/28/99. 3, A protective barrier that is acceptable to the Fire Marshal shall be installed around the tank. 4, The applicant shall provide to the City with the fuel oil tank plans for review prior to tank installation. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow the outside storage of vehicles on property located at 3030 Lexington Avenue subject to the following conditions: EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 3,1999 PAGE 5 00227 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. Outdoor storage activities shall be confined to the east area of the site identified on the site plan dated 6/7/99 and site plan detail dated 4/28/99. Aye: 5 Nay: 0 REZONING - CITY OF EAGAN, OF 6.3 ACRES FROM R-4 (MIXED RESIDENTIAL) TO R-l (SINGLE FAMILY) FOR PROPERTY PRESENTLY OWNED BY THE U.S. POSTAL SERVICE, LOCATED ON JOHNNY CAKE RIDGE ROAD, SOUTH OF DIFFLEY ROAD, AND JUST NORTH OF THE NORTHRIDGE FAMILY HOUSING IN THE NW 1/4 OF SECfION 28 City Administrator Hedges provided an overview on this item and stated that the property owner had not been noticed and said it would be necessary to refer this matter back to the Advisory Planning Commission. Senior Planner Ridley questioned if the Council, based on discussion by the APC, would like to initiate a rezoning of the Wilmus property to the north of the U.S.P.S site from R-B to R-1. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to refer the Rezoning of 6.3 acres from R-4, Mixed Residential to R-1, Single Family Residential located south of Diffley Road and east of Johnny Cake Ridge Road, in the NW 1/4 of Section 28 to the August 24,1999 Advisory Planning Commission meeting. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Carlson seconded a motion to direct the Advisory Planning Commission to consider a rezoning of the Wilmus property to the north for a zoning change to R-1 at the August 24,1999 APC meeting. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT - SIEGER ARCHITECfS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve a Preliminary Planned Development (Eagan Woods Office Park 3rd) of 4.2 acres to allow a six-story hotel on property legally described as Outlot A, Eagan Woods Office Park,located southwest of Pilot Knob Road and 1-494 in the NE 1/4 of Section 4 subject to the following conditions: . Standard Conditions 1. The property shall be replatted. 2. A Planned Development Amendment Agreement shall be executed and recorded with the County Recorder's office. 3. A final Planned Development Agreement shall be executed prior to Final Planned Development approval. The following exhibits are necessary for the Final PD Agreement: ' Final Site Plan Final Building Elevations Final Signage Plans Final Landscape Plan Final Lighting Plan EAGAN CIlY COUNCIL MEETING MINUTES; AUGUsr 3, 1999 PAGE 6 00228 4. The term of this Planned Development shall be five years. Airport Noise 5. The building plans, materials and construction shall be such that they will ensure an interior sound level of 50 dBA (provisional land use performance standards) as compared with a noise level of 75 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 25 dBA (DNL level minus required dBA level) as compared with the noise level at the inner boundary of the noise zone, in this case 75 DNL. Setbacks 6. Minimum setbacks shall be as identified on the Site Plan dated 6/14/99. Parking 7. Parking stalls where vehicle overhang cannot be accommodated shall be 20 feet deep. Elevations 8. North and south building elevations shall be constructed of materials and design consistent with the east and west elevations. Signage 9. Signage shall be permitted on the buildings in the locations as proposed. 10. All signage shall comply with the dimensional requirements of the City Code, but shall not exceed the areas proposed in the signage plans. 11. Signage for this development shall not include a pylon sign. Landscaping 12. The landscape and reforestation plans shall be revised to designate some of the proposed mitigation trees as required landscaping to visually break up the expanse of building walls. Wetlands/Water Quality 13. Water quality dedication shall be fulfilled through a cash dedication in lieu of on-site ponding. Easements/Rights-of-Way /Perrnits 14. The developer shall be responsible for obtaining approval from the appropriate jurisdictional agency for all work within Pilot Knob Road right-of-way. 15, Restricted access shall be dedicated on the final plat along the entire length of Pilot Knob Road adjacent to the development. EAGAN CIlY COUNCIL MEETING MINUTFS; AUGUST 3,1999 PAGE 7 00229 16, The vacation of Eagan Woods Drive shall be done concurrently with or prior to final plat approval. Tree Preservation 17. The applicant shall provide a revised Tree Preservation and Mitigation Plan that identifies definite plans for achieving the mitigation required by the City's tree preservation ordinance. 18. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 19. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection fencing. Parks and Recreation 20. This development shall be responsible for cash park and trail dedications. Mayor Awada indicated her support for the proposed development adding that the City would benefit from a full-service hotel. Councilmember Blomquist agreed and further asked if the conference facility could be enlarged. Bob Sieger, President of Sieger Architects, stated that they are looking into the feasibility of enlarging the conference facility, lowering the building elevation and retaining the cluster of oak trees on the site. Councilmember Carlson expressed concern about the lack of parking. Mr. Sieger said that based on their experience, parking should not be viewed individually by each use on site because there is overlap created by hotel guests using the conference facility and restaurant, etc. He also stated that airport shuttle service will eliminate vehicle parking on site and that if the conference facility is enlarged, parking would be increased proportionately. Councilmember Carlson requested to see the study referenced in Tim Dunn's letter dated July 27, 1999 that was commissioned two years ago pertaining to the hotel industry. She said that at some point in time the Council needs to discuss the potential saturation of this industry. She added that a full-service facility such as this is needed in the City. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Masin seconded a motion to direct staff to work with the architect on enlarging the conference facility. Councilmember Carlson stated that the developer should make the determination whether they want to expand the conference facility and it should be a private market decision and not be dictated by Council action. Councilmember Bakken added that staff is always willing to work with people and the Council should not force the appli~ant to enlarge the conference facility unless he so desires. Councilmembers Blomquist and Masin withdrew their motion. Tim Dunn, General Manager of the Yankee Square Inn, said he believes that the hotel market has been overbuilt in the City of Eagan. He presented market statistics for local hotels and said that occupancy levels are dropping in the City, He said that although he believes in competition he also believes in a controlled market in any industry. 00230 EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 3, 1999 PAGE 8 Mayor Awada said that government control of a market is a philosophical issue. Councilmember Carlson said that the loss of 1,100 hotel rooms near the airport would shift Eagan's market. Mr. Dunn said that the City has to look toward the future and make a decision about the number of rooms that can be supported. Councilmember Blomquist stated that this proposed development is unlike any other hotel in the City. Councilmember Bakken said that the Council could discuss the market issue in the future. PROJECT 777, AUTHORIZE FEASIBILITY REPORT (ASHBURY RD/BLACKHAWK HILLS RD - TRAFFIC CALMING) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Masin moved, Councilmember Blomquist seconded a motion to authorize the . preparation of a feasibility report for Project 777 (Ash bury Road/Blackhawk Hills Road - Traffic Calming). Mayor Awada suggested the City finance the cost of the traffic calming improvements since the proposed improvements are experimental. Councilmember Blomquist said that she did not want to commit to assessing the neighborhoods until the Council knows if it could be proved if there was direct benefit to the property which would increase the value of the homes. Councilmember Masin stated that she would prefer to see the estimated costs of the improvements and possible assessments before proceeding with the project. Director of Public Works Colbert responded that this information would be provided in the feasibility report if authorized. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to not assess for any traffic calming measures for the Ashbury Road/Blackhawk Hills neighborhoods, Aye: 4 Nay: 1 (Councilmember Masin opposed) ADMINISTRATIVE AGENDA CORRESPONDENCF/LARRY POPPLER Mayor A wada suggested that background information should be provided to the City Council for review. Councilmember Bakken concurred and said he would like to know the facts before discussing this matter. Mayor A wada moved, Councilmember Bakken seconded a motion to direct the City Administrator to present background information for review and direction by the City Council at a future City Council meeting. Councilmember Blomquist said she preferred to have the Public Works Committee meet to determine what information shoukl be presented to the two Councilmembers who are unfamiliar with this issue. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) ANTENNA LEASE AGREEMENT - SOUTHERN LAKES WATER TOWER Director of Public Works Colbert provided an overview on this item. EAGAN CIlY COUNCIL MEETING MINUTES; AUGUsr 3,1999 PAGE 9 00231 Mayor Awada moved, Councilmember Carlson seconded a II\otion to approve the lease agreement with Skytel-Destineer for the Southern Lakes Water Tower and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ROUND TABLE Councilmember Masin stated that the City of Burnsville is working on a community program that will address ways to reduce speeding. She requested staff obtain background information on the program from the City of Burnsville. Councilmember Blomquist referred to a memo prepared by City Attorney Sheldon in response to a hypothetical question regarding the open meeting law. She questioned which members of the City Council would vote on whether a violation of state statute had occurred. City Attorney Sheldon said that members of the Council would not be required to make any decisions until there was an actual lawsuit. Councilmember Blomquist asked if residents would be assessed for the construction of the Highway 55 frontage road since the Council took action to install a cul-de-sac for access to Windsor Estates, Director of Public Works Colbert stated that assessments to residents are proposed to be levied for this project as approved by the Council at the public hearing. Councilmember Blomquist raised a question about the comments from the Cascade Bay neighborhood meeting. City Administrator Hedges stated that the draft comments that appeared in the Informative Memo were sent to the residents along with a copy of the petition requesting the installation of a windscreen and a screen wall. He further stated that a follow up meeting would be held with the neighborhood to discuss some options for a screen wall. Councilmember Blomquist said that the City has an obligation to test the chlorine smell that has been emanating from Cascade Bay. ADJOURNMENT The meeting adjourned at 7:50 p.m. MLK AUGUST 3, 1999 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.