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06/05/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 5 , 2001 A regular meeting of the Eagan City Council was held on Tuesday, June 5, 2001at 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, and City Attorney Mike Dougherty. AGENDA Mayor A wada announced that the following items will be continued: Old Business: B. Design Development plans for Community Center Building C. Design Development plans for Central Park Site New Business A. Historical Society - Consider Terms of Office Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS City Administrator Hedges discussed recent recognition of Mayor A wada and Brian Carey by City Business for being honored as a recipient of the 40 Under 40 A ward. Councilmember Bakken presented a certificate to Mayor Awada. Brian Carey was unable to attend the meeting. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 15,2001 regular City Council meeting, the May 15,2001 Listening Session minutes, and the minutes of the May 8, 2001 Special City Council Meeting. B. Personnel Items. 1. It was recommended to approve the hiring of Dale Schoeppner as the Chief Building Official. 2. It was recommended to approve the hiring of Greg Lerner as a utility maintenance worker. 3. It was recommended to approve the hiring of Stephanie Lawrence, Bryce Johnson, James Maloney, Kensey Linnell, Dannielle Hassett, Laura Senechal, Stephanie Senechal, Melissa miller, Daniel Vogel, Shannon Einhorn, Angela Rodgers, Jennifer Woelfel, Rueben Wetterlund, Christopher Allmaras, Allison Tierney, Joshua Pribyl, Lauren Rouchard and Sarah Jacobson as part-time seasonal lifeguards for Cascade Bay. 4. It was recommended to approve the hiring of Joan Splinter, Heather Espersen, Megan Sutliff, Jesse Lauby, Christopher Milbrandt, Nicole Cantin, Kelly Colbert and Kelly McGrath as a part-time seasonal guest services workers for Cascade Bay. 5. It was recommended to approve the hiring of Brent Atherton as a part-time seasonal operations and maintenance worker for Cascade Bay. 6. It was recommended to approve the hiring of Michael Kantor, Abby Broderdorf and Mike Werneke as part-time seasonal concessions workers for Cascade Bay. 7. It was recommended to approve the hiring of Deanne McDonald as a part-time seasonal concessions team leader for Cascade Bay. 8. It was recommended to approve the hiring of Leah Taylor and Jackie Marlette as seasonal GIS Interns for Utilities. 9. It was recommended to approve the hiring of Steven Johnson, Nicole Marxer and Andrea Weller as seasonal recreation leaders for Youth Development. 10. It was recommended to approve the hiring of Christopher Odden as a seasonal engineering intern. 11. It was recommended to approve the hiring of Bryan Streefland and Ryan Neumann as seasonal park laborers. Eagan City Council Meeting Minutes June 5, 2001 Page 2 12. It was recommended to approve the hiring of Jeffrey Brooker, Alissa Carlson, Jenny Erkel and Jon Steining as seasonal park maintenance workers. 13. It was recommended to approve the hiring of Ben Scharffbillig as a seasonal street maintenance worker. 14. It was recommended to approve the hiring of Nathan Cermak and Nicole Kriha as seasonal utility maintenance workers. 15. It was recommended to approve the hiring of Molly Martin as a seasonal forestry technician. 16. It was recommended to approve the reclassification of the Accounts Payable Clerk position from Clerical Level 3 to Clerical Level 4. C. License Renewals. It was recommended to approve license renewals for one Premises Permit; 22 Service Station Licenses and 14 Amusement Device Permits. D. New Licenses. It was recommended to approve a new tobacco license for Tobacco Joint and a new Amusement Device License for Pizza & Pasta. E. Contract 01-07. It was recommended to approve Contract 01-07 (Lexington Avenue - Town Centre Drive to Clubview Drive - Street, Utility and Trail Improvements) with McNamara Contracting, Inc., for the Base Bid in the amount of$4,175,117.24, and authorize the Mayor and Deputy City Clerk to execute all related documents. F. Blue Gentian Road No Parking. It was recommended to approve a resolution to prohibit parking on Blue Gentian Road between Trunk Highway 149 and Trunk Highway 55 and authorize the Mayor and Deputy City Clerk to execute all related documents. G. Contract 01-12, July 2000 Storm Sewer Improvements. It was recommended to approve the plans for Contract 01-12 (July 2000 Storm Mitigation Improvements - Areas #2 & 4) and authorize the advertisement for a bid opening to be held at 10:00 a.m. on Thursday, June 28, 2001. H. Contract 00-07. It was recommended to approve Change Orders No.2, 3, and 4 to Contract 00-07 (TH 13/Blackhawk Road - Divided Four-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. I. Orchard Heights Addition City Proiect No. OO-S. It was recommended to approve an amendment to the Development Contract for Orchard Heights Addition (City Project No. OO-S) providing for an extension of time an authorize the Mayor and Deputy Clerk to execute all related documents. 1. Emergency Meeting Policy. It was recommended to adopt the resolution regarding Emergency Meetings for 01-40 inclusion in the Emergency Preparedness Plan. K. Legal Services SOO (Statement ofOualifications). It was recommended to approve the legal services SOQ for distribution according to the timeline approved on May 15,2001. L. Street Sweeper Acquisition. It was recommended to approve the lease purchase of the 2001 Elgin Crosswind Regenerative Air Street Sweeper for $116,923.12. M. Design Services Contract. It was recommended to approve the signing of a design services contract for Damon Farber Associates to prepare Central Park site plans and specifications. N. Architecture Services Contract. It was recommended to approve the architectural services contract of JAL Architects, Ltd., for the design of the Central Park pavilion and well house. O. Acquisition Agreement 1940 Silver Bell Road. It was recommended to approve the acquisition agreement for 1940 Silver Bell Road. P. Lioness "Buy a Brick" Proiect. It was recommended to approve the Lioness "Buy a Brick" project. Q. Metropolitan Regional Arts Council Grant. It was recommended to approve receipt of the $3,000 Metropolitan Regional Arts Council grant to be used for Youth Development programs art camp. R. Local Collaborative Time Study (LCTS) Grant. It was recommended to approve receipt of the LCTS grant from School District 197 in the amount of$19,619.87. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS MODIFICATIONS TO NORTHEAST EAGAN DEVELOPMENT DISTRICT NO.2, TAX INCREMENT FINANCE DISTRICT NO.3 City Administrator Hedges introduced this item regarding modification to the Tax Increment Financing Plan for Tax Increment Financing District No.3, located within Northeast Eagan Development District No.2 which Eagan City Council Meeting Minutes June 5, 2001 Page 3 was continued from the April 17 , 2001 City Council meeting. Sid Inman of Ehlers and Associates discussed the modifications and statutory requirements. Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the CounciL Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the resolution adopting modifications to the Tax Increment Financing Plan for Tax Increment Financing District No.3, located within Northeast Eagan Development District No.2. Aye: 5 Nay: 0 PROJECT 761, DUCKWOOD DRIVE - STREET OVERLAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Duckwood Drive street overlay project. City Engineer Russ Matthys gave a brief staff report. Mayor A wada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the CounciL Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the fmal assessment roll for Project 761 (Duckwood Drive- Street Overlay) and authorize its certification to Dakota County for collection. Ayes: 5 Nay: 0 PROJECT 806, KENNERICK ADDITION (POND HDP-l) STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 806 that had been continued from the May 15,2001 meeting. Mayor A wada opened the public hearing. Two residents spoke and requested information regarding the sanitary sewer and the price difference between boring out the drainage pipe verses trenching out the pipe. City Engineer Matthys provided information regarding the sanitary sewer and Council directed staff to provide information to the neighborhood regarding the directional drilling or open cut of the drainage pipe. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 806 (Kennerick Addition, Pond HDP-l- Trunk Storm Sewer Outlet), authorize the preparation of detailed final plans and specifications and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 Mayor A wada moved, Councilmember Tilley seconded a motion to amend the above motion to include "direct staff to add an alternate for directional drilling within the plans and specifications for Project 806". Aye: 5 Nay: 0 VARIANCE - JEWISH COMMUNITY CENTER (CAMP BUTWIN) City Administrator Hedges introduced this item regarding a variance to allow construction of a camp shelter building within a Shoreland Overlay District without municipal sewer and water service, located at 821 120th Street West, adjacent to O'Brien Lake. Senior Planner Ridley gave a staff report. Mayor A wada 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 Tilley seconded a motion to approve a Variance to allow construction of a camp shelter building within a Shoreland Overlay District without municipal sewer and water Eagan City Council Meeting Minutes June 5, 2001 Page 4 service, located at 821 120th Street West, adjacent to O'Brien Lake, in the north 12 of the SW If.. of Section 35, subject to the following condition. Aye: 5 Nay: 0 1. If within one year after approval, the Variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the CounciL Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. OLD BUSINESS REVIEW WINTER TRAIL MAINTENANCE PLAN City Administrator Hedges introduced this item regarding the Comprehensive Winter Trail Maintenance Plan and Policy. The item had been continued from the April 3, 2001 City Council meeting due to ISD 196 not having identified their budget impacts on their busing program. The Council discussed the five citizen requests that were submitted. It was agreed to approve: CR 1: Add plowing of trail way located on Johnny Cake Ridge Road between Deerwood Drive and Diffley Road. CR 4: Add south side trailway located on Cliff Road between Nicols Road and Slater Road The remaining citizen requests did not meet the City criteria for snowplowing. The Council discussed the 14 requests made by ISD 196 for additional snowplowing. All were approved. Mayor Awada moved, Councilmember Carlson seconded a motion to amend the Winter Trail Maintenance Plan for 2001-2002, including citizen requests 1 and 4, and School District 196 requests 1 through 14 Aye: 5 Nay: 0 NEW BUSINESS 5 YEAR CAPITAL IMPROVEMENT PROGRAM (2002-2006) City Administrator Hedges introduced this item regarding the 5 year Capital Improvement Program for 2002-2006 Part III (Public Works Infrastructure) which was discussed at a previous Council work session. Council briefly discussed the program. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the 5 year Capital Improvement Program (CIP) for 2002-2006 Part III (Public Works Infrastructure) and authorize the implementation of the public improvement process for the 2002 program. Aye: 5 Nay: 0 MOONSHINE PARK City Administrator Hedges introduced this item regarding the preferred plan for Moonshine Park. Park and Recreation Director Vraa made a presentation on the proposed plan. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve referred plan for Moonshine Park, and authorize the preparation of plans and specifications for the house and park. Aye: 5 Nay: 0 REZONING - CITY OF EAGAN City Administrator Hedges introduced this item regarding the rezoning that would establish an R-l, Single- Family Residential, zoning designation upon approximately 2.5 acres ofland located west of Wood gate Lane between W oodgate Court and Drake Drive. Senior Planner Ridley gave a staff report and stated that the Advisory Planning Commission recommended denial of the proposed rezoning. Eagan City Council Meeting Minutes June 5, 2001 Page 5 Council held a brief discussion regarding the appropriate zoning designation for the parcel. Councilrnember Bakken moved, Councilmember Carlson seconded a motion to approve a Rezoning that would establish an R-1, Single-Family Residential, zoning designation upon approximately 2.5 acres ofland located west of Wood gate Lane between Woodgate Court and Drake Drive, in the SE I,4 of Section 29. Aye: 4 Nay: 1 (Tilley opposed) PLANNED DEVELOPMENT AMENDMENT - WALTER R. DEDRICK City Administrator Hedges introduced this item regarding a Planned Development Amendment to change the allowable use ofa 7,123 foot retail commercial building from a video rental store to some or all of the uses allowed within the CSC, Commercial Shopping Center District located on property north of Cliff Road and west of Thomas Lake Road. Senior Planner Ridley gave a staff report. Council and staff discussed the possibility of liquor sales on the property. City Attorney Dougherty stated that according to the current City Code the sale ofliquor would not be an allowable use on the subject property. Council agreed that the ordinance should be updated. Ralph Mitchell representing the applicant agreed to a two week continuance to the June 19,2001 Council meeting to allow for the process of an ordinance amendment. Mayor A wada moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to change the allowable use of a 7,123 foot retail commercial building from a video rental store to some or all of the uses allowed within the CSC, Commercial Shopping Center District located on property north of Cliff Road and west of Thomas Lake Road until the June 19th City Council meeting. Aye: 5 Nay: 0 Mayor A wada moved, Councilmember Tilley seconded a motion to direct staff to prepare an ordinance amendment to Chapter 5, Section 5.33 to be considered at the June 19,2001 City Council meeting. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - DAKOTA COUNTY City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow an above ground fuel storage tank on Lot 2, Block 1, Ted Wachter Addition (Eagan Library), located at 1340 Wescott Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow an above ground fuel storage tank on the Dakota County Library property located south of Wescott Road and east of Pilot Knob Road (Lot 2, Block 1, The Ted Wachter Addition) in the NW I,4 of Section 22 subject to the following conditions. Aye: 5 Nay: 0 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 on the east side of the principal building as identified on the site plan. 3. The proposed fuel tank storage shall be subject to review by the City Fire Marshal per the uniform Fire Code for Flammable and Combustible Liquids. 4. The southeast comer of the tank storage area shall be screened via a six foot high chain link fence with slat inserts. 5. The south side of the tank storage area shall be secured via a six foot high, chain link fence without slats (to maintain Fire Department visibility). Eagan City Council Meeting Minutes June 5, 2001 Page 6 PLANNED DEVELOPMENT AMENDMENT - INLAND COMMERCIAL (HOBBY ZONE) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an outdoor track for testing and racing of radio controlled cars on Lot 2, Block 1, Cliff Lake Center, located at 1960 Cliff Lake Road. Senior Planner Ridley gave a staff report. Rick Plessner, representing the shopping center discussed the proposed outdoor track. Dan Bujold, owner of the Hobby Zone discussed the types of cars that will be used for racing and displayed an example. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow the construction of an outdoor race and test track for radio controlled cars within the Cliff Lake Centre shopping center located north of Cliff Lake Road and east ofI-35E, legally described as Lot 2, Block 1 Cliff Lake Center, in the SW I,4 of Section 29, subject to the following conditions. Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County, prior to construction of the track. 2. The track shall have a canvas cover in a beige or brown color to protect the track and prevent unauthorized use. the cover shall be placed on the track and secured and locked down when the track is not in use. 3. For maintenance and appearance purposes, the track border shall be constructed of modular block to match the existing building rather than treated wood. 4. Only electric and battery operated model cars may be run outside. Model vehicles powered by other means shall not be allowed. 5. Use of the track shall be prohibited outside of regular store hours. 6. Use of the track shall not interfere with pedestrian or vehicular circulation at the shopping center. Customers, racers and spectators shall not congregate on the sidewalk or in driving aisles or parking areas. 7. The drivers stand supports should be secured to the ground, and the boards secured to the supports to provide a stable surface for standing. 8. A revised landscape plan shall be submitted which identifies new plants to be installed and is subject to City staff review and approval prior to installation of the track. PLANNED DEVELOPMENT AMENDMENT - FREDRIKSON & BYRON (SAM'S CLUB) City Administrator Hedges introduced this item regarding a Planned Development Amendment to expand Sam's Club to incorporate an off sale retail liquor sales facility on Lot 3, Block 1, Eagandale Center Industrial Park No.9, located on the west side of Denmark Avenue. Senior Planner Ridley gave a staff report. Dave Sellergren representing Sam's Club answered questions of the Council. Parking requirements were discussed. Kevin Shields, General Manger of the Sam's Club in St. Cloud discussed the parking needs/uses at other Sam's Club locations. Councilmember Bakken stated he would like to see a mechanism in place to re-evaluate the parking situation in one year. Councilmember Carlson suggested that Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to add a liquor store to the Sam's Club located at 3035 Denmark A venue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park No.9, subject to the following conditions. Aye: 4 Nay: 1 (Awada opposed) Eagan City Council Meeting Minutes June 5, 2001 Page 7 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property . 2. A liquor license is required prior to issuance of a Certificate of Occupancy for the liquor store. 3. The proposed addition shall be constructed of materials to match the existing building and consistent with the elevations shown on the plans dated April 30, 2001. 4. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 5. The proposed parking lot must be re-figured subject to Fire Marshall approval. 6. A contribution of$87,500 for a signal light at Clubview Drive and Lexington shall be made at the time the building permit for the liquor store is issued. 7. The site plan shall be revised to show proof of parking. 8. After one year of operation, staff shall review the site and determine if the proof of parking should be constructed. 9. Liquor license renewal will be contingent upon adequate parking being provided. REQUEST FOR FUNDING BY CHARTER COMMISSION City Administrator Hedges introduced this item regarding a request for funding by the Charter Commission. Charter Commission member Al Stafford discussed the request by the Charter Commission for the Council to provide authority to City Administrator Hedges to disburse funds as required and limited by Minnesota Statutes, Chapter 410. City Attorney Dougherty explained the State Statute that requires the City to provide a maximum of $1500 per year for expenditures incurred by the Charter Commission. Attorney fees, clerical services and fees, and the use of the Community Room for Charter Commission meetings were also discussed. It was agreed that City Administrator Hedges would disburse the $1,500 to the Charter Commission at the time officers are appointed within the Charter Commission and action is taken by the Commission to request the funds. WETLAND CONSERV AnON APPEAL PROCESS City Attorney Dougherty discussed this item regarding the Wetland Appeal Process. Councilrnember Bakken moved, Councilrnember Tilley seconded a motion to approve the recommendation of the City Attorney regarding the Wetland Appeal Process. Aye: 5 Nay: 0 VISITORS TO BE HEARD Joe Bari expressed his opinion of the Charter Commission stating that many of the Charter Commission members are using the commission as a personal vendetta. He discussed research he had done regarding other Minnesota Cities that have Charter Commissions. Michael Pake, 3830 Lakeside Circle discussed damage he incurred during the July 2000 Super Storm. He requested information regarding measures to be taken to prevent similar problems in the future. City Engineer Matthys stated he would meet with Mr. Pake and address his concerns. Norman Witt thanked the Council for passing the Trail Maintenance Policy. He further stated he felt it was inappropriate to blame the School District for something that should have been the City's responsibility all along. Eagan City Council Meeting Minutes June 5, 2001 Page 8 Jean Schrniser, 3369 Big Timber Trail, also thanked the Council for passing the Trail Maintenance Policy. She further stated she felt the Council had displayed a disrespectful attitude regarding ISD 196. She stated she felt the City and School Districts should work together as a community. Mayor Awada explained that the decision made by ISD 196 has affected not only the residents of Eagan that fall within ISD 196, but the City has a whole which include two other school districts. She also stated that ISD 196 had not discussed the issue with the City until after their decision to cut busing was decided. ADJOURNMENT The meeting adjourned at 9: 35 p.m. MBM (~U/Mf5, .,1 {j{' 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.