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01/02/1996 - City Council Regular',n,n n,r~, -•y d. MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota January 2, 1996 A regular meeting of the Eagan City Council was held on Tuesday, January 2, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, Finance Director Gene VanOverbeke and Assistant City Attorney Mike Doherty. QA ...................... ...................... ................... Administrator Hedges noted two additions to the Consent Agenda, those being the Fire Department pension changes, and direction to the City Attorney's Office regarding an ordinance change and policy changes as a result of the Solid Waste Abatement Commission meeting. Wachter moved, Awada seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 I~IN~'T~$ t~F ~I~C~t~ 19, tAl~li ~E~1,~i!# ~Tl Councilmember Hunter requested an amendment on page 5, paragraph 3, to read, "Sidewalks take property away, may put the onus on adjacent property owners for snow removal in the future." He also requested that language be added on page 9 verifying the amount to be paid by Opus. Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 11i11NI;~`I'ES UF`OECE/dIBEI~ 19, 4995 SI~ECIAt_ Nl~~`tr'j1+1 Masin moved, Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 SPECIAL t~~CdG1~tITl('3NS ................................................. ..................................................... _. DALE NELSON, FORMER FIRE CHIEF Mayor Egan presented a plaque to Dale Nelson for his years of service to the community as Fire Chief. CIVIC ARENA PRESENTATION, ST. PAUL BUILDING AND TRADES COUNCIL Dick Anfang, of the St. Paul Building and Trades Council, presented a check to Pat Dill for the Civic Arena, on behalf of the Building Trades Council; Sheet Metal # 10, Ironworkers 512, Laborers Dist. CL, Pipefitters 455, I.B.E.W. 110 and Building Trades Market Recovery, which represents that portion of the volunteer work the Eagan Civic Arena Fundraising Committee was to have performed, but was completed by the arena contractors. Mr. Dill expressed his appreciation to Mr. Anfang for his help in resolving matters associated with the Civic Arena. Mayor Egan presented a plaque to Mr. Anfang for their participation in the Civic Arena project. ........................................... Councilmember Masin indicated she will be abstaining on Item A, #2. In regard to Item D, Contract 94-L, Councilmember Wachter noted a correction in the cover page. In regard to Items I and J, Apalications for STP Funds. Councilmember Hunter asked whether approving this binds the city to anything. Director of Public Works Colbert responded that this supports the application, but the city can pull out at any time. In regard to Item L, Contract 95-07, Councilmember Wachter asked why the railroad crossing pavement markings and concrete driveway apron were omitted, and Director of Public Works Colbert gave an explanation. In regard to Item N, Project 699. Councilmember Wachter indicated a concern about the letter from Byron Watschke suggesting the costs of preparing a feasibility study should be city expense. The city has ~~~~ EAGAN CITY COUNCIL MINUTES; JANUARY 2, 1996 PAGE 2 never done this before and he doesn't agree to the city paying for this. Councilmember Hunter concurred, and suggested that whenever a city form is altered by an applicant that causes a change from policy and expends public dollars, it shouldn't be placed on the consent agenda. After some discussion, Council consensus was to continue this to the next meeting. In regard to Item O, Cost Partici tr~a ion Agreement. Dakota County Land Information Department. Councilmember Wachter stated he feels this is a duplication of payment. He felt the city would be getting this free when it joined the Dakota County Economic Development Corporation. Community Development Director Reichert reviewed what this fee covers. Councilmember Hunter disagreed that this is a duplication of fees. The base map is completely different than the zoning and land use information that is put into the GIS system. A. Personnel Items Item 1. It was recommended to approve the hiring of Mark Rehder, Stanley Schneider, and Dave Downs as seasonal Parks Maintenance personnel. Item 2. It was recommended to approve the hiring of Jason Berger, Mark Fischer, Jake Groff, Terry Johnson, Randy Kane, Lenoma Little, Crystal Luck, and Ryan Rausch as part-time seasonal Winter Recreation Leaders. (Councilmember Masin abstained on this vote.) Item 3. It was recommended to approve the Parks and Recreation Department 1996 Seasonal/Temporary Compensation Rate Schedule for part-time seasonal winter and summer program leaders and assistants, concession stand workers, senior program assistant and preschool program instructors and assistants. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for AAA Abott Plumbing & Hearing, Inc.; D C Mechanical; Dalby Plumbing; Gopher Mechanical Contractors, Inc.; Hutton & Rowe Inc.; Motz Plumbing, Dick; Nasseff Plumbing and Heating, Inc.; Penn Plumbing; Roseville Plumbing & Heating and Valley Plumbing Co. Inc. as presented. C. Contract 95-H. Oak Cliff 8th Addition. It was recommended to acknowledge completion of Contract 95-H and authorize perpetual City maintenance subject to warranty provisions. D. Contract 94-L. Roonev Addition. It was recommended to acknowledge completion of Contract 94-L and authorize perpetual City maintenance subject to warranty provisions. E. Contract 93-H. Whispering Woods 9th Addition. It was recommended to acknowledge completion of Contract 93-H and authorize perpetual City maintenance subject to warranty provisions. F. Contract 94-13. Change Order #2. Municipal Center Site Work. It was recommended to approve Change Order #2 of Contract 94-13 and authorize the Mayor and City Clerk to execute the appropriate documentation. G. Chance Order. Municipal Center expansion. It was recommended to approve the change order for the Municipal Center expansion as presented. H. Authorize Police Department to Approve Special Hunting Permits. It was recommended to authorize the City Attorney's Office to draft necessary changes to the Code of Ordinances to allow the Police Department to approve special hunting permits. I. Duckwood Drrve Inierchanae Resolution. It was recommended to approve a resolution supporting the application for Surface Transportation Program funds and authorize the Mayor and City Clerk to execute all related documents. 96.1 J. T.H. 13 Corridor Improvements Resolution. It was recommended to approve a resolution supporting the application for Surface Transportation Program funds and authorize the Mayor and City Clerk to execute all related documents. 96.2 ~A?1~~+~ EAGAN CITY COUNCIL MINUTES; JANUARY 2, 1996 PAGE 3 K. Contract 96-03. It was recommended to receive the bids for Contract 96-03, award the contract to the lowest responsible bidder, and authorize the Mayor and City Gerk to execute all related documents. L. Contract 95-07. Nicols Road Street Improvements. Chance Order #2. It was recommended to approve Change Order #2 for Contract 95-07 and authorize the Mayor and City Clerk to execute all related documents. M. Bonestroo. Rosene. Anderlik & Associates Fee Rates -1996. It was recommended to approve the proposed 1996 fee rates for Bonestroo, Rosene Anderlik 8 Associates. N. Project 699. Safari Ca? Eaaan 3rd Addition. It was recommended to continue this item to January 16, 1996. O. Cost ParticiQation Agreement. Dakota County Land Information Department. It was recommended to approve a cost sharing agreement for aerial photography, photogrammetry hardware and software, and training and maintenance with the Dakota County Survey and Land Information Department for the updating of the City's GIS planimetric and contour data base in Dakota County and authorize the Mayor and Clerk to execute all related documents. P. 1995 Star Cfty Annual Recognition of Continuing Partici lion. It was recommended to approve the 1995 Star City Annual Report and adopt the 1995 Star City Resolution. 96.3 O. Fire Department Pension Chanoes. It was recommended to approve the Fire Department pension changes as presented. R. Ordinance Change. Solid Waste Abatement Commission Recommendation on Solid Waste Collection stem. It was recommended to direct the City Attorney's Office and staff to prepare necessary changes to the Code of Ordinances and policies regarding changes to the city's solid waste collection system. Hunter moved, Wachter seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 Mayor Egan noted the passing of Paul Uselman, who served as a local official for Eagan Township, and the Council observed a moment of silence in honor of his service to the community. N~V>i~i~S~N~SS ........................................ ....................................... CONDITIONAL USE PERMIT -RELIANCE REAL ESTATE Community Development Director Reichert gave a staff report. John Trautz, of Reliance Reai Estate, urged Council approval. Councilmember Wachter asked whether the materials will be compatible with surrounding buildings, and Community Development Director Reichert responded that staff will be working with the applicant on those details. Councilmember Hunter expressed a concern about drive-throughs, but feels the traffic problems are mitigated in this case. Hunter moved, Masin seconded a motion to approve a conditional use permit to allow adrive-through window fora 3,000 square foot Schlotzsky's Deli restaurant at 1340 Town Centre Drive, subject to the following conditions: 1. The conditional use permit shall be recorded at Dakota County within 60 days of Council approval. 2. The brick building shall be constructed to be compatible with the adjacent Kinko's/Payless building on Lot 2 and the area in general with specific architectural details of the building subject to staff review and approval prior to release of the conditional use permit for recording at Dakota County. 3. The applicant shall provide revised building elevation drawings showing building signage only on the north and west sides of the restaurant. EAGAN CITY COUNCIL MINUTES; JANUARY 2, 1996 PAGE 4 4. The developer shall provide documentation of the cross-parking easement between Lots t and 2 for review and approval by the City Attorney's office. 5. The applicant shall provide revised plans that accurately reflect the existing Town Centre Drive right-of-way in relation to the existing curb line and the applicant's property line. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT -RYAN CONSTRUCTION COMPANY Community Development Director Reichert gave a staff report. She noted that a conditional use permit came before the Council earlier, but was denied. The amount of outdoor storage of trucks has been cut from 40 to 20. A berm with significant landscaping is proposed to be built in the 30 foot setback area. Considerable discussion followed concerning the type and size of trees proposed to be planted. Community Development Director Reichert noted that the nature of business has changed from a trucking business to more of a warehouse facility. This is a new plan and due to significant changes, it is felt this is a new request. The Planning Commission felt this was a great improvement over the original plan. Assistant Cfty Attorney Dougherty confirmed that this is considered a new request. Councilmember Hunter pointed out that the trucks will be visible for 8-10 years until the trees mature. Councilmember Awada stated she feels this is a greatly improved plan. The truck parking is cut by 50% or more, and although the trucks will be visible for a few years, she feels there are worse things that can go next to a freeway than trucks. Hunter moved, Awada seconded a motion to approve the conditional use permit for Ballard Moving and Storage to allow outdoor storage of semi-trucks and trailers on Lots 1-3, Block 6, Eagandaie Center Industrial Park, in association with a proposed 53,000 square foot office/warehouse building to be located at the southeast intersection of Center Court and West Service Road, subject to the following conditions: 1. The condftional use permit shall be recorded at Dakota County within 60 days of Council approval. 2. The developer shall combine Lots 1-3, Block 6, Eagandale Center Industrial Park into a single tax parcel. 3. The developer shall enter into an agreement with the City regarding implementation of the proof of parking. 4. Screening of the truck/trailer storage area shall be provided as shown on thePreliminary Landscape Plan dated 12-8-95. 5. An on-site water quality pond shall be provided as shown on the Preliminary Grading, Drainage and Utility Plan dated 12-8-95. Aye: 5 Nay: 0 GfSLI~"C!I/E f fNTi`i~QVll_`Rt~tMEfQTAL Ai~AI~%S Administrator Hedges reported on a state subcommittee he is serving on relative to LGA and HACA reform. He also reported on the legislative meeting for Dakota County. Ufl'11r3° TAEL~ Director of Public Works Colbert indicated they are continuing to allow Opus Corporation the option to do the internal improvements for the Promenade project to be done privately. Historically, the applicant has been allowed the option of doing the project publicly or privately. By allowing the project to be done privately, nn~,~ ~ EAGAN CITY COUNCIL MINUTES; JANUARY 2, 1996 PAGE 5 part of the indirect costs associated with public improvements will not be realized by the city, which will equal about $43,000. He asked whether the Council still wants to allow that option. Counciimember Awada stated she feels that was part of the deal and doesn't feel the city can renege on that. Counciimember Hunter asked whether part of that has already been reimbursed by the developer. Director of Public Works Colbert indicated that because it has been petitioned to be a public improvement, there have been no billings or escrow accounts established to cover the costs associated with public design because that would be covered under special assessments. Counciimember Awada stated she feels Opus should reimburse the city for inspection and design. Discussion followed concerning what Council direction was relative to this and whether any of these fees should be reimbursed by Opus. The Council consensus was that the agreement made was that Opus would have the option to construct the internal improvements privately. Administrator Hedges reviewed the number of applicants for city boards and commissions and asked whether the Council stilt wants to interview them on January 15. The consensus was to keep the interviews on January 15. He also pointed out that evaluations have been sent to all current commission members. Administrator Hedges indicated that he notffied Tony Caponi that the Council will not be having any more meetings until further notice regarding the art park. He asked whether it is the Council's intent to have the Caponi Subcommittee continue to meet. The consensus was that the subcommittee should not meet until further notice. Mayor Egan indicated he got a complaint from a constituent about landscaping on the Summerplace 3rd Addition development. Director of Public Works Colbert indicated he is doing some research and reviewed what he has learned to date. He noted that the escrow money was released on this project, and it is felt ft is a private matter between a homeowner, builder and developer. Administrator Hedges noted they will follow up with the homeowner, and will draft a letter to the developer. Counciimember Masin asked what happened with the discussion of public vs. private road construction. Administrator Hedges noted that will be part of the work program that will be worked on this month. Counciimember Wachter reminded residents that they cannot push snow from their driveways and sidewalks onto the street. CHECK REGtST.F.R Wachter moved, Egan seconded a motion to approve the checklist dated December 26, 1995 in the amount of $282,677.12 and the checklist dated December 28, 1995 in the amount of $782,830.17. Aye: 5 Nay: 0 ........................................ AEE7~E(~Ufif*III~ENT ..................................... ...................................... The meeting adjourned at 8:00 p.m. z "' ' January 2, 1996 `` _. Date City Clerk .,~ If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Piloi Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 4548535). The City of Fagan 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 wish regard to public assistance.