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05/21/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 21, 2002 A regular meeting of the Eagan City Council was held on Tuesday, May 21, 2002 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 Assistant to the City Administrator Dianne Lord. AGENDA Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda with the following changes: add ?repeal interim ordinance in regard to accessory buildings? to the consent agenda, add a discussion regarding the Charter Commission accounting under the Administrative Agenda, and continue New Business item C to a June workshop. Aye: 4 Nay: 0 (Councilmember Tilley absent) Councilmember Carlson moved, Councilmember Bakken seconded, a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 7, 2002 Listening Session and the May 21, 2002 regular City Council meeting. B. Personnel Items. 1. It was recommended to approve the hiring of David Guenther, David Streefland, Nicholas Casalenda, Erik Johnson, Anthony Wheeler and LeRoy Rother as seasonal park maintenance workers. 2. It was recommended to approve the hiring of Eric Hansen, Tom Irvin, Kevin Weber and Ryan Neumann as seasonal park workers. 3. It was recommended to approve the hiring of Jay Buzenberg and Nicholas Ferlazzo as seasonal forestry technicians. 4. It was recommended to approve the hiring of Keith Casiday as a seasonal tree inspector. 5. It was recommended to approve the hiring of Abby Korte as a seasonal water quality technician. 6. It was recommended to accept the letter of resignation from Tom Weber, building maintenance worker. 7. It was recommended to accept the letter of resignation from Teresa Pojman, IT Assistant. 8. It was recommended to approve the submission of the pay equity implementation report to the Minnesota Department of Employee Relations. C. Ratify Check Registers. It was recommended to ratify the check registers dated May 9, 2002 and May 16, 2002. D. Service Station License Renewals. It was recommended to approve 2002-2003 Service Station License Renewals for the following: Cedar Cliff Amoco Eagan Amoco Food & Fuel Oasis Market Oasis Market #518 Oasis Market #576 Oasis Market #594 Oasis Market #590 Oasis Market #375 SuperAmerica #4049 SuperAmerica #4182 SuperAmerica #4335 SuperAmerica #4464 Rudy?s Sinclair Eagan E-Z Stop E. New Commercial Fertilizer Applicators License. It was recommended to approve a 2002 new Commercial Fertilizer Applicators License for Living Green Lawn Care, 1310 Laurel Avenue, St. Paul, MN. F. 2002 Amusement Device License Renewals. It was recommended to approve 2002 Amusement Device License Renewals for Red Robin, Joe Senser?s and Old Chicago. Eagan City Council Meeting Minutes May 21, 2002 Page 2 G. 2002 Massage Therapy Establishment License Renewal. It was recommended to approve a 2002 Massage Therapy Establishment License renewal for Midwest Facial Plastic Surgery and Aesthetic Skin Care. H. Surplus. It was recommended to declare obsolete monitors and CPU?s as surplus and approve as a donation. I. Fish Lake Clean Water Partnership Project. It was recommended to accept Fish Lake Clean Water Partnership Project final report and officially authorize completion of the grant project; and acknowledge that water quality challenges of Fish Lake remain and that priority management of the lake needs to continue indefinitely into the future. J. Lebanon Hills Regional Park Wetland Replacement Plan. It was recommended to approve wetlands replacement plan of Dakota County Parks for Lebanon Hills Regional Park. K. Change Order. It was recommended to approve Change Order #1 for the construction of the Bandshell in the amount of $32,717. L. Purchase Agreement. It was recommended to approve the purchase agreement for 3822 Beau D?Rue Drive and declare that the City intends the acquisition to be eligible as a reimbursable expense as part of the Cedar Grove Tax Increment Finance Redevelopment District. M. Final Payment ? Project 838. It was recommended to approve the final payment of contract #01-14 to Conway Construction. nd N. Final Plat. It was recommended to approve a Final Plat (Pinetree Forest 2 Addition) consisting of th one lot located north of 120 Street and west of Pine Street in the SE ¼ of Section 36. O. Extension for Recording Final Plat. It was recommended to approve an extension for the recording of nd the final plat for YMCA 2 Addition to October 30, 2002. P. Contract 02-13. It was recommended to receive the bids for Contract 01-13 (Evergreen Park / Ponds BP-15 and BP-16 ? July 2000 Storm Mitigation Improvements Area #5) and continue the award of the contract to the June 4, 2002 regular City Council meeting. Q. Contract 01-15A. It was recommended to receive bids for Contract 02-15A (Community Center Storm Sewer improvements), award the contract to Nova-Frost, Inc. for the bid amount of $66,955 and authorize the Mayor and City Clerk to execute all related documents. R. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with the owners of Parcel 10- 25801-120-05 (708 Caribou Lane)and authorizes the Mayor and City Clerk to execute all related documents. S. Contract 01-16. It was recommended to receive the bids for Contract 02-16 (Cedar Grove Redevelopment Area ? Commercial Building Demolition/Removal), award the contract to Lloyd?s Construction Services for the base bid in the amount of $59,600.00 and authorize the Mayor and City Clerk to execute all related documents. T. Dakota County Big Rivers Regional Trail Extension and Enhancement Project. It was recommended to approve a resolution endorsing the Dakota County Big Rivers Regional Trail Extension and Enhancement Project. U. Tree Contractor License. It was recommended to approve a new Tree Contractor License for All Star Lawn, 26242 Ipava Avenue, Lakeville, MN. V. Tobacco License. It was recommended to approve a new tobacco license for Tobacco Road, 1270 Town Center. W. Change Order - Contract 01-13. It was recommended to approve Change Order No. 3 for Contract 01- 04 (Central Parkway ? Street & Utility Improvements). X. Change Order ? Contract 01-04. It was recommended to approve Change Order No. 3 for Contract 01- 04 (Central Parkway ? Street & Utility Improvements. Y. Revenue Bonds. It was recommended to give final approval of documents related to the issuance of revenue bonds for the YMCA of Greater St. Paul under Minnesota Statutes, Sections 469.152 through 469.165. Eagan City Council Meeting Minutes May 21, 2002 Page 3 PUBLIC HEARINGS BUILDING MOVE PERMITS ? KEVIN MANLEY City Administrator Hedges introduced this item regarding a request for three separate building move permits to relocate three houses with attached garages to the Natures Edge Subdivision. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve three separate Building Move Permits to relocate three houses with attached garages to the Natures Edge Subdivision. Aye: 4 Nay: 0 (Councilmember Fields abstained) VARIANCE ? JEFF AND KIMBERLY WILSON City Administrator Hedges introduced this item regarding a request for a variance to the required 30-foot front yard setback for the construction of a garage addition at 3927 Boston Court. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicants addressed Council and sited their need for storage space and noted their lot is one of the largest in the neighborhood. All neighbors approve of addition, due to the additional 27 feet of property adjacent to the proposed addition. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to Council. The Council agreed that since the neighbors approve of the addition and the addition does not exceed lot coverage, the addition should be granted. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an eight foot variance to the required 30-foot front yard setback for the construction of a garage addition on Lot 8, Block 1, nd Lexington Square 2 Addition, located at 3827 Boston Court in the NW ¼ of Section 23. Aye: 5 Nay: 0 VARIANCE ? NEAL GRASS City Administrator Hedges introduced this item regarding a request for a six-foot variance to the required 30-foot front yard setback for the construction of an open porch at 2037 Emerald Lane. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicant addressed the Council and sited the need for the porch. The applicant stated that none of his neighbors object to the addition of the porch. Mayor Awada inquired about City Code requirements in regard to additions with roofs. Senior Planner Ridley told the Council that due to foundation needed for a roof and resulting lot coverage changes, the variance is required. The variance requested by the applicant is well under lot coverage requirements, according to Ridley. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a six-foot variance to the required 30-foot front yard setback for the construction of an open porch on Lot 17, Block 9, Cedar Grove No. 1, located at 2037 Emerald Lane in the SE ¼ of Section 19. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 21, 2002 Page 4 NEW BUSINESS PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT CLIFF ROAD PROPERTIES rd City Administrator Hedges introduced this item regarding a preliminary subdivision (Cliff Lake Centre 3 Addition) of approximately 6.57 acres to create two lots and a Preliminary Planned Development for commercial retail and services on property on the corner of Cliff Lake Road and Rahn Road. Senior Planner Ridley gave a staff report. Ridley informed the Council that the Planning Commission recommended the preliminary subdivision on a 5-2 vote. Dissent was due to impervious service requirements due to the location next to Cliff Lake. The City Council discussed the impervious surface coverage. The attorney representing Cliff Road Properties was present and addressed the Council on the proposed subdivision, and noted that the impervious surface coverage over the two lots is 25%. Mayor Awada asked about redrawing the lot line to make the impervious coverage even over the two lots. Mayor Awada noted her preference of 16% lot coverage as compared to 25%, and also voiced concern that shifting of lot lines should not be used with the intention of getting around zoning regulations and codes. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to allow commercial uses on Outlot B, Cliff Lake Centre, located at the intersection of Rahn Road and Cliff Lake Road in the SW ¼ of Section 29, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City. 2. The Planned Development shall expire in 5 years. 3. The impervious surface on both Lot 1 and Lot 2 shall be limited to 25 percent. 4. The permitted use for Lot 1 shall be limited to the following: a. Animal clinic 5. The permitted uses for Lot 2 shall be limited to the following: a. Neighborhood oriented retail b. Professional offices 6. A minimum of 30 parking stalls shall be provided for the Eagan Pet Clinic on Lot 1. 7. The development on Lot 2 shall comply with the bulk standards of the NB (Neighborhood Business) Zoning District. 8. A revised landscape plan shall be submitted indicating the following: a. The plant schedule shall be revised to specifically indicate the species and number to be planted. b. All parking and loading areas shall be screened from public rights-of-way with a 3 foot tall 75 percent opaque screen. c. All shrubs shall be a minimum of 3 feet in height at the time of planting. d. Additional overstory and understory trees on both Lot 1 and Lot 2. 9. The trash enclosure for the building on Lot 2 shall be attached to the principal structure. 10. Any rooftop mechanical equipment shall be screened from public rights-of-way and the adjacent park property. 11. All light fixtures, including wall mounted fixtures, shall be cut-off and shielded to prevent glare. 12. The lighting plan shall be revised to limit illumination to 1 footcandle at the property line. 13. Wall mounted signage shall be limited to 2 feet in height and to those elevations that about public rights-of-way. 14. All freestanding signage shall comply with the Sign Ordinance. Eagan City Council Meeting Minutes May 21, 2002 Page 5 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary rd Subdivision to subdivide a 6.5 acre outlot into two lots (Cliff Lake Centre 3 Addition) on Outlot B, Cliff Lake Centre, located at the intersection of Rahn Road and Cliff Lake Road in the SW ¼ of Section 29, subject to the following conditions: ? Change the lot line to make the 28% impervious surface coverage equal on two lots in order not to set a precedent for future development (The lot line change is to be handled administratively by staff). 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: A1; B1; 4; C1, 2, 4: D1. 2. The property shall be platted. 3. The developer shall enter into a Planned Development Agreement with the City. 4. This development shall be required to install Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 5. This development shall be required to contact the City Forestry Division and set up a pre-construction sit inspection at least five days prior to the issuance of the grading permit to ensue compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Friendly Amendment: Councilmember Carlson offered a friendly amendment to her motion to change the motion to read: ?make the 25% impervious surface coverage equal on two lots in order not to set a precedent for future development (The lot line change is to be handled administratively by staff).? Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (NICOLS RIDGE) ? DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Subdivision consisting of 37 lots (88 units) on approximately 9 acres located on the south side of Beau D? Rue Drive. Senior Planner Ridley gave a staff report. The Applicant, Mark Parranto, presented to Council and noted that the density of the development, at the Council?s request, has been reduced from 269 to 230 units. At the applicant?s request, the Council discussed items 8 and 9 of the development conditions regarding responsibilities for planned streetscaping improvements and public right-of- way dedication. Parranto asked that details be worked out with staff to arrange plans between the City and Delta Development for landscaping and trails in the proposed development, as well as discuss the proposed assessment should Delta be asked to do any of the streetscaping themselves. Public Works Director Colbert addressed the applicant regarding timing of project, and noted that all of the streetscaping work should be done under one project. Colbert and Parranto agreed to discuss the matter further to determine the most efficient and financially feasible to the streetscaping improvements. The Council discussed the dedication of public right-of-way. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Nicols Ridge) consisting of 37 lots (88 units) on approximately 9 acres located on the south side of Beau D? Rue Drive in the NE ¼ of Section 19. Councilmember Carlson offered a friendly amendment, which Councilmember Bakken accepted, to change condition #9 to read ?To accommodate the trail and streetscaping improvements along Beau D? Rue (City Project No. 866) public right-of-way shall be dedicated to a distance up to 25 feet from the southeast curb line of Beau D? Rue.? Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 21, 2002 Page 6 ORDINANCE AMENDMENT ? CITY OF EAGAN Continued to June workshop ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to the Eagan City Code Chapter 11 Entitled ?Land Use Regulations (Zoning)? Section 11.20, Subd. 2 adopting a new Zoning Map reflecting a zoning change of Bridle Ridge and Hills of Stonebridge Planned Developments to R-1, including variances to existing parcels that do not meet R-1 bulk standard requirements. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to the Eagan City Code Chapter 11entitled ?Land Use Regulations (Zoning)? Section 11.20, Subd. 2 adopting a new Zoning Map reflecting a zoning change of Bridle Ridge and Hills of Stonebridge Planned Developments to R-1, including variances to existing parcels that do not meet R-1 bulk standard requirements. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA 1. Twin Cities Poultry?City Administrator Hedges introduced the item regarding Twin Cities Poultry?s request for a 7-day extension to remain in their current place of occupancy. City staff noted that the extension to June 7 is acceptable in regard to redevelopment plans in Cedar Grove. Twin Cities Poultry agreed to absorb any demolition costs that result from the delay. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the 7-day occupancy extension to Twin Cities Poultry. Aye: 5 Nay: 0 2. City Administrator Hedges informed the Council that former Eagan Mayor, Tom Egan, was appointed as the new Metropolitan Council representative for District 15. 3. Charter Commission?Director of Administrative Services VanOverbeke reported that a letter was sent to the Charter Commission requesting a refund of the remaining Charter Commission funds not used in 2001, which was direction of the State Judicial System at the time the Commission was formed. VanOverbeke reported to the Council that the City has not received a check of reimbursement from the Charter Commission, nor has the City received correspondence addressing the reimbursement of funds. The Council discussed the City?s options to obtain the proper reimbursement. Mayor Awada sited a letter from Tom King, charter member, which stated that the Charter Commission has falsified documents. Mayor Awada moved, Councilmember Fields seconded a motion to have the City Attorney send a registered letter to the Charter Commission Chair and Treasurer with written clarification of expectations for reimbursement and a stated 7-day deadline for reimbursement. If the reimbursement is not received, the City Attorney is directed to proceed in filing for collection in conciliation court. Councilmember Fields offered a friendly amendment, which Mayor Awada accepted, to send a copy of the City Attorney?s letter to Judge Spicer as well. Aye: 5 Nay: 0 4. Councilmember Fields extended an invitation to the Council from Don Holz, who invited the City Council to Holz Farm Park this September to hold a meeting at the Park. Eagan City Council Meeting Minutes May 21, 2002 Page 7 5. Councilmember Tilley noted that Mike Maguire addressed the Council at the listening session proceeding tonight?s Council meeting regarding the proposed orphanage. Councilmember Tilley requested information from city staff regarding the cost of the facility and what would happen if the home had financial difficulties. City Administrator Hedges recommended to the Council that questions pertaining to the proposed orphanage should be passed on to Copelands so that the Copelands may address the concerns. The Council noted that the public will have an opportunity to learn more about the proposed orphanage at the May 28 APC meeting. Councilmember Tilley voiced disappointment that the public forum held pertaining to the orphanage did not offer a balanced viewpoint. Mayor Awada reminded the Council that on June 4, from 4:30-6PM, the Council will meet as the EDA to discuss redevelopment items. ADJOURNMENT The meeting adjourned at 8 p.m. _____________________________ ___________________________________ Date Deputy City Clerk VISITORS TO BE HEARD No visitors. 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.