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04/16/1996 - City Council Regular MINUTES OF A REGULAR MEETING OF THEE' EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 16, 1996 A regular meeting of the Eagan City Council was held on April 16, 1996, at 6:30 p.m. at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, 55122. Present were Mayor Egan, Councilmembers Awada, Hunter, Masin, Wachter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert and City Attorney Jim Sheldon. APPROVE AGENDA Councilmember Wachter moved, Member Masin seconded, a motion to approve the Agenda as amended by adding a change order for Fire Station No. 1 to department head business. Aye: 5 Nay: 0 APPROVE MINUTES Minutes of April 2, 1996, regular City Council meeting. Councilmember Masin asked that the spelling of Mr. Ekblad be corrected on page 7 regarding the Lawrence • Poppler preliminary and final subdivision item. Mayor Egan asked that page 5, paragraph 3, of the Contract No. 96-10 item be changed to specifically identify "Jim from SRF Consulting." Councilmember Masin moved, Member Hunter seconded, a motion to approve the minutes of the April 2, 1996, regular City Council meeting as amended. Aye: 5 Nay: 0 APPROVE MINUTES Minutes of the April 2, 1996, Special City Council meeting. Councilmember Hunter moved, Member Awada seconded, a motion to approve the minutes of the April 2, 1996, Special City Council meeting as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD Vince McGowan of Thames Circle stated that the public has a right to be informed as to the name of persons to whom the City Council specifically refers. Mr. McGowan stated as an example that at the April 2nd meeting, Councilmember Wachter's identification of a particular person as "the property owner of property located at such and such intersection" did not specifically inform the public the name of that person. Mayor Egan stated that the City Council's actions are not intentional and that the Council .+7 Page 2 0 =;4 April 16, 1996 EAGAN CITY COUNCIL I will try harder to specifically identify persons to whom it refers. Councilmember Wachter, in response to Mr. McGowan, stated that he was referring to a City employee who is being monitored for a Code violation and did not believe it was necessary to broadcast that individual's name. DEPARTMENT BEAD BUSINESS Administrator Hedges advised that through the course of the project for Fire Station No. 1, additional work and expenses have become necessary. Administrator Hedges stated that a change order for $8,862.00 has been requested. Hedges advised that Councilmember Wachter requested time to review the change order prior to the meeting and has indicated the requested changes are acceptable. Fire Chief Jenson was present but had no additional comments. Councilmember Wachter stated that he did in fact find the change orders necessary and reasonable. Councilmember Hunter moved, Member Masin seconded, a motion to approve the change order for Fire Station No. 1 remodeling project, totaling $8,862.00. Aye: 5 Nay: 0 CONSENT AGENDA • Regarding Item E, Massage Therapist License, Councilmember Awada suggested that the licensing approval process be handled administratively. Administrator Hedges advised that that issue was discussed at a recent Department Head meeting and the Department Heads concur that it would be more efficient and effective to process the licenses administratively through City staff. Councilmember Wachter stated that he has no objection to an administrative process for the license, but the City Council may want to retain the right to review the approval of licenses in certain cases where the past problems with such uses, which were the reasons for Council's review of the license application initially, scrutiny becomes again present problems. Councilmembers Awada and Hunter concurred that to streamline the licensing process will be cost saving. Regarding Item I, Approve Resolution Restricting On-Street Parking, Councilmember Masin inquired whether parking is currently prohibited on Yankee Doodle Road. Public Works Director Colbert advised that there is no parking allowed currently on Yankee Doodle Road, but the resolution is necessary to formalize the prohibition for funding purposes. A. Personnel Items Item 1. To approve the hiring of Brian Banaszewski and David Downs as seasonal park maintenance workers. Page 3 ':1_ ` April 16, 1996 EAGAN CITY COUNCIL • B. Change Orders, Municipal Center Building Project To approve change orders in the amount of $1,816.08 for Municipal Center Expansion as presented. C. Approve Contract, Municipal Code Corporation For City Code Republication and Ordinance Codification To approve the republication and ordinance codification contract with Municipal Code Corporation. D. Declare Surplus Property, Set Date For Site Auction To declare unclaimed property and miscellaneous City property to be surplus and to set the annual City auction on Saturday, May 18, 1996 at 10:00 a.m. at the Eagan Maintenance Facility at 3501 Coachman Point. E. Massage Therapist License For Lisa Heyerman to Practice at Wastl Chiropractic Clinic, 1340 Duckwood Drive • To approve a massage therapist license for Lisa Heyerman to practice at Wastl Y Chiropractic Clinic. F. Final Subdivision- Kresse Addition 96.28.4 To approve or deny a Final Subdivision for the Kresse Addition located on Skyline Road and Skyline Drive. G. Rename, Bumsville/Eagan Telecommunications Commission To authorize the renaming of the Joint Cable Commission to the Burnsville/Eagan Telecommunications Commission. H. Extension for Recording Final Subdivision - Deerwood Townhomes 2nd Addition To approve or deny a 90-day extension for recording the Deerwood Townhomes 2nd Addition plat located north of Deerwood Drive and east of I-35E. I. Yankee Doodle Road Parking Restriction To approve a Resolution restricting on-street parking for Yankee Doodle Road 96.29 (County Road 28) from Lexington Avenue to Federal Drive, Pilot Knob Road Page 4 "° April 16, 1996 "'� EAGAN CITY COUNCIL from Duckwood Drive to Hi site Drive and Denmark Avenue from Tamarac Pointe to Yankee Doodle Road. J. Contract 95-15, Well No. 19 To approve Change Order #1 to Contract 95-15 (Well #19) and authorize the Mayor and City Clerk to execute all related documents. K. Contract 95-16, Well No. 18 To approve Change Order No. 1 to Contact 95-16 (Well No. 18) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 96-02, Well No. 18 To approve Change Order#1 to Contract 96-02 (Well No. 18 - Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. Councilmember Wachter moved, Member Awada seconded, a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Councilmember Awada moved, Member Hunter seconded, a motion to direct City staff to draft an ordinance amendment to authorize the approval of massage therapy licenses to be processed administratively. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS Administrator Hedges advised there is a vacancy on the Airport Relations Commission for Commission Member Pat Todd's seat and recommended the appointment of the current alternate, Ted Gladhill, to fill that position. Hedges also stated that Ted Gladhill's alternate position will then need to be filled. Councilmember Hunter moved, Member Masin seconded, a motion to declare a vacancy on the Airport Relations Commission and appoint Ted Gladhill to that position. Aye: 5 Nay: 0 Councilmember Wachter moved, Mayor Egan seconded, a motion to direct staff to send a letter of appreciation to former Commission Member Pat Todd for her years of service on the Commission. Aye: 5 Nay: 0 The Council voted to appoint Ed Hannasch for the alternate position. Page 5 April 16, 1996 �, � ' EAGAN CITY COUNCIL I Administrator Hedges stated that the Council needs to appoint a new hauler representative to fill a hauler position vacancy on the Solid Waste Abatement Commission. Council voted and Ronald Moening was appointed as the hauler representative on the Solid Waste Abatement Commission. PUBLIC HEARINGS PROJECT 687 - BISCAYNE AVENUE Following a brief introduction by Administrator Hedges, Public Works Director Colbert presented a brief history of the project. Colbert further stated that the City conducted a cost-estimated benefit analysis and as a result of those fmdings, the project was revised to reduce the costs to meet the estimated benefit. Mark Hanson of Bonestroo, Rosene, Anderlik & Associates, Inc., highlighted the proposed project. Mr. Hanson explained the two alternate alignments for the storm sewer. He explained that Alignment A provides for constructing a storm sewer in Biscayne Avenue, south to Gun Club Road and west of Pond LP-23. Alternatively, Alignment B, as • Mr. Hanson explained, provides for constructing a storm sewer west from Biscayne Avenue along the common lot line between Lots 2 and 3, Block 1, to the west line into Parcel 021-79 on which drainage improvements will include an overland swale to Pond LP-23 and LP-23A. Mr. Hanson noted that Alignment A will be more expensive, but recommended Alignment A, with the property owners' concurrence. In response to Councilmember Hunter's question, Mr. Hanson stated that he does not perceive any potential flooding or damage to Parcel 021-79 with the overland drainage because there will be no increase in drainage with the new storm sewer improvements. Public Works Director Colbert added that the open channel drainage on that parcel is only temporary until that property is developed. In response to Mayor Egan's question, Colbert advised that the cost not covered by assessments will be paid out of the City trunk storm and sewer fund. Colbert added in response to Councilmember Hunter's question that connection fees will not cover any cost not paid by assessments because there are no lateral improvements. Affected property owners were present at the hearing, but they provided no comment. Councilmember Awada commended staff and the property owners for their work with the changes in the scope of the project. Councilmember Awada moved, Member Hunter seconded, a motion to approve Project No. 687 (Biscayne Avenue - Streets and Utilities), to authorize the preparation of 00 11' Page 6 April 16, 1996 EAGAN CITY COUNCIL, 411 detailed lan and specifications p s an pec canons and to authorize the City Attorney to acquire all necessary easements, including the use of eminent domain if necessary. Aye: 5 Nay: 0 PROJECT 615R - MEADOWVIEW ROAD Following a brief introduction by Administrator Hedges, Public Works Director Colbert explained briefly the history of the project and explained that the project may be divisable between the street improvements and the utility improvements. Leonard Newquist of Short, Elliot, Hendrickson, Inc., gave a brief overview of the proposed project. Mr. Newquist advised that the property owners requested that the storm sewer be aligned with the street. In response to Councilmember Wachter's question, Mr. Newquist advised that the storm sewer and the sanitary and water can be installed without road improvements to Meadowview Road. Darrel Andersol, a representative of United Stationers, which is the owner of Lot 1, Block 1, objected to the assessment of the costs where the property receives no benefit by the improvements. Mr. Andersol stated that the property uses access onto Alexander Road. Another property owner, who did not identify himself, • stated that he objects to the storm sewer through his property and that the project serves no benefit to his property. Mike Leitner also stated his objection to the storm sewer through his property, which is Parcel 010-04. Mr. Newquist explained that it is not possible to collect drainage from the parcel surrounding Mr. Leitner's property and then to direct it into the storm sewer because of the ravine on the property. In response to Councilmember Wachter's question, Mr. Newquist stated that the erosion in that area is very bad in the absence of the storm sewer and that Mr. Leitner parks equipment at the bottom of the ravine on his property to disperse the runoff water. Mr. Leitner stated that the runoff through his property is now very significant and at times disrupts his business. He stated that there is a need for a storm sewer improvement, but the road improvements are not a big concern. Another unidentified property owner stated that he approves the storm sewer project but not the road improvements. In response to Councilmember Wachter's question, Public Works Director Colbert stated that there is a major necessity for storm sewer and that the sanitary and roadway improvements are not necessarily required at this time. Colbert added that the storm sewer will reduce the erosion from the unimproved road into the City's storm sewer system. In response to Councilmember Awada's question, Public Works Director Colbert stated that the storm sewer and sanitary water improvements can be put in any time with S no cost saving issue as long as the road is not improved first. Councilmember Hunter suggested that the Council approve the project with respect to the utilities only and defer the street improvements. Mayor Egan concurred with Councilmember Hunter. Page 7 April 16, 1996 EAGAN CITY COUNCIL Councilmember Awada moved, Member Hunter seconded, a motion to approve Project No. 615R with respect to only utility improvements; to approve the preparation of detailed plans and specifications; and to authorize the City Attorney to acquire all necessary easements, including the use of eminent domain if necessary. Aye: 5 Nay: 0 PROJECT NO. 643R - TIMBERLINE ADDITION City Administrator Hedges gave a brief introduction to this item. Hedges noted two letters of objection from George Stevenson and Larry McNurlin. Public Works Director Colbert highlighted the information contained in the final assessment roll for the project. Five property owners were present. A property owner involved in the project explained that he purchased the property last year and that payment on the assessments were placed into escrow, but has now received notice. He also expressed concern that he would be double assessed. Mayor Egan suggested that he contact Administrator Hedges and that the City will resolve that issue and that he will not be double assessed for the project. City Administrator Hedges briefly noted the contents of Mr. McNurlin's letter in • which Mr. McNurlin argues that his property receives no benefit for the street improvements because his property does not front the street. Councilmember Hunter stated that neighborhood roads benefit all those who take access to it and what is relevant with respect to the assessments is whether McNurlin takes access to McCarthy Road and not whether he has street frontage. Councilmember Awada concurred. Public Works Director noted that the City agreed not to assess Stevenson and McNurlin for curb and gutter improvements because the curb and gutter does not serve their property, but Colbert noted that the street does serve McNurlin's property. Administrator Hedges noted that the policy and philosophy of the City has been if a property is served with access to a street, not frontage, then the property is subject to assessment. Mayor Egan concurred. Councilmember Hunter moved, Member Awada seconded, a motion to approve the final assessment roll for Project No. 643R (Oslund Timberline Addition - Street Reconstruction) and to authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 664 -WESCOTT SQUARE Following a brief introduction by Administrator Hedges, Public Works Director Colbert highlighted the information presented in the staffs final assessment roll report. Colbert noted that the five lots in the Wescott condominium development which were removed from the project were inadvertently included in the assessment determination. Colbert advised that the Council has two alternatives in addressing this issue: (1) the City Page 8 OC 19 April 16, 1996 EAGAN CITY COUNCIL could delete the assessment from the five arcel and a p s an pay the total allotted assessment for those lots; or(2) the City could delete the assessment from the five parcels and spread the cost among the other assessed parcels. Colbert noted that the second alternative would require new notices and hearing on the assessment roll which may cost the City more than if it were to simply pick up the assessment cost on the five Wescott lots. The Council concurred that the City follow the first alternative and pick up the cost of the assessments on the five parcels. No persons were present to comment. Councilmember Hunter moved, Member Awada seconded, a motion to approve the fmal assessment roll for Project No. 664 (Wescott Square - Street Reconstruction) and to authorize its certification to Dakota County for collection. OLD BUSINESS CITY CODE AMENDMENT- SECTION 6.37: RESIDENTIAL REFUSE HAULING LICENSES Administrator Hedges introduced this item and gave a brief background and history of the proposed ordinance amendment. Councilmember Masin stated that she was uncertain whether the proposed ordinance will actually solve the City's objective in reducing the number of trucks in neighborhoods. In response to Councilmember Masin's question, Jon Hohenstein advised that it is possible for one existing license hauler to buy all other license haulers within the City, but explained that the other licenses would terminate leaving just the one license, in addition to advising that it is possible that one person could own all five licensed businesses. Councilmember Awada stated that she does not support the proposed ordinance amendment because it restricts competition and it does not solve the problem with limiting the number of trucks in residential neighborhoods. Councilmember Wachter concurred with Councilmember Awada. Councilmember Hunter stated that the ordinance will maintain competition and it will address the residents' concerns about the number of different haulers servicing the same neighborhoods. Mayor Egan stated that the ordinance may accomplish the City's objective in reducing the number of trucks and that the ordinance amendment is a start to address the problem; Mayor Egan added that if the ordinance does not accomplish the City's objective, then the City may change the ordinance. Councilmember Hunter moved, Member Wachter seconded, a motion to approve an ordinance amending Eagan City Code Chapter 6 entitled "Other Business Regulation • and Licensing" by amending Section 6.37 regarding refuse hauling licenses and by adopting by reference Eagan City Code Chapter 1 and Section 6.99 presented. Aye: 4 Nay: 1 (Awada) Page 9 April 16, 1996 > EAGAN CITY COUNCIL I FINAL PLANNED DEVELOPMENT- RAHNCLIFF GREEN MILL Administrator Hedges briefly introduced this item. The applicant was not present at the hearing. Councilmember Wachter moved, Member Masin seconded, a motion to approve the fmal planned development to allow a 7,700 square foot Green Mill restaurant on Lot 2, Block 1, Rahncliff 4th Addition. Aye: 5 Nay: 0 ORDINANCE AMENDMENT- SECTION 3.20, SUED. 8 HYDRANT USAGE Administrator Hedges briefly introduced this item. No persons from the public were present for comment. Councilmember Awada moved, Member Hunter seconded, a motion to approve an ordinance amending Eagan City Code Chapter 3, entitled "Municipal and Public Utilities - Rules and Regulations, Rates, and Collections" by amending Section 3.20, Subd. 8, regarding Permitted Water Hydrant Usage and by adopting by reference Eagan City Code Chapter 1 and Section 3.99 as presented. Aye: 5 Nay: 0 NEW BUSINESS REZONING- IMRE ADDITION Following a brief introduction by Mayor Egan, Senior Planner Lisa Freese gave a brief overview of the proposed rezoning and the Advisory Planning Commission's recommendations. Councilmember Masin moved, Member Awada seconded, a motion to approve the rezoning of Lots 1 and 2 of Imre Addition (approximately 5.3 acres) from PD Planned Development to I-1 Light Industrial located on the west side of Trunk Highway 149 in the Southeast Quarter of Section 2. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT- DERRICK INVESTMENT Following a brief introduction by Mayor Egan, Senior Planner Lisa Freese highlighted the information presented in the City staffs planning report dated March 20, 1996. Ms. Freese noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Freese further outlined the City staffs evaluation of the proposed preliminary subdivision and preliminary planned development. Page 10 April 16, 1996 EAGAN CITY COUNCIL 0011 • Ms. Freese further noted that the Advisory Planning Commission recommended approval of the preliminary subdivision and preliminary planned development subject to the conditions in the staff report. The applicant, Roger Derrick of Derrick Investments, gave a brief presentation of the proposed development. Mr. Derrick noted that the proposed residential development will be marketed for persons 55 or older and that the development has a special federal exemption which allows the development to restrict its residents to senior citizens. In response to Councilmember Masin's concern that the development is located at a major intersection and adjacent to a school, Mr. Derrick stated that with respect to the development being adjacent to a school and sport fields, the uses are very compatible because the organization has found that seniors enjoy watching the activity. In response to Councilmember Wachter's question, Mr. Derrick stated that the units are handicap accessible. Mayor Egan noted that there is a need for community housing for senior citizens and that this development will meet the need for the Eagan residents. Administrator Hedges noted the City's receipt of a letter from Gary Stevenson of the Dakota County Platting Commission in which the Commission expressed concern of potential noise level violations with the residential use at that location. Councilmember Masin noted that the County's concern confirms her position that the proposed use should not be at that site. Mayor Egan noted that the proposed development is in the appropriate zoning district and that the proposed density is much less than the 6-12 units per acre which is permitted under the zoning designation. An individual, who did not identify himself, inquired whether the roadway through the development is a street and if so, whether the City will maintain it. Mr. Derrick stated that the roadway through the development is a private street and will be maintained by the Association. Councilmember Hunter stated that he supports the proposal, noting that the Tree Preservation Ordinance protects the trees on the site, the requested variances are supported because of the land's restrictions and that housing for senior citizens is needed within the City. Councilmember Awada moved, Member Wachter seconded, a motion to approve a preliminary subdivision (Timberline Village Addition) consisting of 16 lots on approximately 14.07 gross acres at the Southwest corner of the intersection of Lone Oak Road and Pilot Knob Road in the Northeast Quarter of Section 9, subject to the conditions recommended by the Advisory Planning Commission. Aye: 5 Nay: 0 Councilmember Wachter moved, Member Awada seconded, a motion to approve a preliminary planned development to allow construction of 63 condominiums on Lots 1 Page 11 April 16, 1996 0 .- 22 EAGAN CITY COUNCIL • through 16, Block 1, Timberline Village Addition, on approximately 14.07 gross acres located in the Northeast Quarter of Section 9, subject to the conditions recommended by the Advisory Planning Commission. Aye: 5 Nay: 0 LEGISLATIVE & INTERGOVERNMENTAL AFFAIRS UPDATE Administrator Hedges inquired with the Council as to its position in moving forward with the "Friends of the Farm" program. The Council concurred that the City shall continue to work with the program. Mayor Egan noted that his involvement with the Metropolitan Council sponsored- Metro Mayors Organization has been very positive in affording positive dialogue between the cities' mayors and the Metropolitan Council. Mayor Egan further noted the collaboration between Burnsville, Apple Valley, Lakeville and Eagan in developing a skate park to be located in Burnsville. Administrator Hedges advised that the City of Burnsville is looking to other communities, its local governing boards and management teams to participate in a one- day seminar by Dr. John Carver, who developed a model of governing board leadership. Administrator Hedges noted that the cost for bringing Dr. Carver to Burnsville for the seminar would be approximately $8,600.00. The Councilmembers expressed interest in attending the seminar and directed Administrator Hedges to follow up with more information on the event. Mayor Egan noted and clarified his statement to the Star Tribune writer who misquoted him in an article regarding Ashley. ADMINISTRATIVE AGENDA Administrator Hedges introduced the Carriage Hills Golf Course application for a 3.2 on-sale beer license. Councilmember Wachter moved, Member Masin seconded, a motion to approve a 3.2 on-sale beer license for Carriage Hills Golf Course. Aye: 5 Nay: 0 Administrator Hedges also discussed with the Councilmembers their April, May and June work programs and special City Council meetings schedule. Councilmember Awada moved, Member Hunter seconded, a motion to approve May 7, 14 and 20, 1996 for special City Council meeting dates. Aye: 5 Nay: 0 Administrator Hedges noted that Opus gave a 60-pound fruit basket to City staff. Hedges noted that because of the gift law, the City could not accept the fruit basket and Page 12 April 16, 1996 , EAGAN CITY COUNCIL �^ • suggested that it be donated to a local charity. Hedges also noted that the use of name badges by staff has received positive responses from both public and staff. The City Council concurred that they would like name badges as well. Hedges further noted that a press release on the sale of Carriage Hills Golf Course will be shortly released; that the City Council conference room off of the Chambers is cleaned out and is available for use, and that City Councilmembers are requested to attend Earth Day on Sunday, April 21, 1996. Councilmember Wachter suggested that the Council direct the Park Department to issue a report regarding the City's acceptance of use of fertilizer with phosphorus; he stated that all the water quality programs currently implemented by the City are defeated while fertilizer with phosphorus is allowed. Finally, Administrator Hedges advised that there are six finalists for the Executive Secretary position and that by the next City Council meeting, staff should have made its selection. ADJOURNMENT Councilmember Wachter moved, Member Awada seconded, the motion to adjourn the April 16, 1996, City Council meeting at 9:30 p.m. Aye: 5 Nay: 0 Date: April 16, 1996 I e r ON Clerk If you need these minutes in an alternate form such as large print, Braille, audio tape, etc., pleas contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681- 4600 (TDD phone: 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, marital status or status with regard to public assistance.