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12/04/2000 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 4, 2000 A regular meeting of the Eagan City Council was held on Monday, December 4,2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist and Carlson. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. AGENDA Councilmember Bakken moved, Mayor Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE NOVEMBER 21, 2000 REGULAR MEETING Councilmember Masin stated that on page 5, the following names should be corrected: Liz Bordsen, should be Lynne Bordsen, Glenn Bordsen should be Les Bordsen, and Mary Swenson should be Mary Simpson. She further suggested that the following be added to paragraph five: Ms. Roundtree asked Mayor Awada if she had read the history report on Dodd Road. Mayor Awada stated she had not read the report. After the first paragraph on page 7: Mayor Awada askedfor clarification from the staff on the 1999 study. Alane Roundtree provided the work order for the 1999 study on Dodd Road. Page 8, paragraph 3, Mike Densen should be Mike Vincent. Page 8, the motion in paragraph lObe modified to read: Councilmember Masin moved, Councilmember Carlson seconded a motion to direct the City Attorney to prepare a City Code amendment restricting the placement of election signs on public property except for two designated sites per quadrant and limit the number of signage to one per candidate per location. Aye: 4 Nay: 0 Councilmember Masin moved, Councilmember Carlson seconded a motion to approve the minutes of the November 21, 2000 Regular Council meeting as amended. Aye: 4 Nay: 0 Councilmember Bakken abstained. MINUTES OF THE NOVEMBER 9, 2000 SPECIAL MEETING Councilmember Masin moved, Councilmember Bakken seconded a motion to approve the minutes of the November 9,2000 Special Council meeting as presented. Aye: 5 Nay: 0 MINUTES OF THE OCTOBER 30, 2000 SPECIAL MEETING Councilmember Blomquist suggested that on page 2, paragraph 8, the second sentence be amended as follows: She referenced Colleen Hippler and lamented the lack of responsiveness by the City to their calls on the night of the storm. Eagan City Council Meeting Minutes December 4,2000 Page 2 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes of the October 30,2000 Special Council meeting as amended. Aye: 4 Nay: O. Mayor Awada abstained. RECOGNITIONS AND PRESENTATIONS Public Works Director Colbert recognized and congratulated Bill Weitzel, Street Maintenance Employee for receiving a 1 st place award as the top rated snow plow operator in the State. Mayor Awada presented Mr. Weitzel with a plaque. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS Councilmember Masin discussed a meeting that was held with residents to review the way the storm emergency was handled. Mayor Awada stated that this issue will be further discussed at the Council retreat to be held December 12. Councilmember Blomquist stated that residents had called the Public Works Department the night of the storm, and in such cases, the Police Department should be called. Councilmember Carlson stated that Alaine Roundtree had made application to the Millennium Trail and will be followed up by a letter from the City. The Council directed staff to send a letter of appreciation to Ms. Roundtree. STORM UPDATE City Administrator Hedges noted that neighborhood meetings will continue to be held through January and February. He stated that if anyone has questions about the meetings to call City Hall. COMMUNITY CENTER / CENTRAL PARK UPDATE City Administrator Hedges stated that work is being done by Focus Groups and that a joint meeting had been held with the City Council and the Focus Groups regarding Central Parkway. Mayor Awada stated that there will be 4th of July festivities on the site. CONSENT AGENDA Councilmember Masin asked that items C and F be pulled from the Consent Agenda. A Personnel Items Item 1. It was recommended to accept the resignation of Nick Burt, Civic Arena/Cascade Bay Maintenance Worker. Eagan City Council Meeting Minutes December 4,2000 Page 3 Item 2. It was recommended to approve the hiring of Randy Ragner as a Civic Arena/Cascade Bay Maintenance Worker. Item 3. It was recommended to approve the hiring of Mira McGarvey as the Administrative Secretary/Deputy City Clerk. Item 4. It was recommended to approve the hiring of Jill Patzner as a seasonal recreation leader. Item 5. It was recommended to approve the hiring of Holly Whittef as a seasonal skating instructor at the Civic Arena. Item 6. It was recommended to approve the addition of the following language to the City of Eagan's Personnel Policy: "14.13 Use of sick leave for payment of employee's medical and dental expenses not covered by the City's health insurance coverage. Employees who have been with the City of Eagan at least five years and who have accrued and maintained a balance of over 160 hours of sick leave time will be allowed to trade accumulated sick leave for cash reimbursement for medical and dental expenses not covered by the City's health insurance policies. Accumulated sick leave used for this purpose will be reimbursed in cash at half the employee's current rate ofpay. Reimbursements will be taxable income to the employee. To receive the cash reimbursement, the employee will fill out a voucher form and submit proof of the expense to the Director of Human Resources. B. 2001 License Renewals for Tobacco, Trash Hauler. and Pet Shop Licenses. It was recommended to approve the license renewals for the year 2001 for tobacco, trash hauler, and pet shop licenses. C. Ordinance Amendment. Chapter 4 of the Eagan City Code. Pulled from the Consent Agenda. D. Lawful Gambling Exempt Permit. It was recommended to approve lawful gambling exempt permit for Faithful Shepherd Catholic School to hold a raffle on January 27,2001. 00-67 E. Gambling Control Board Premises permit renewal. It was recommended to approve 00- 6 6 Gambling control Board Premises Permit renewal for the Eagan High School Football Booster Club. F. Local designation of DNR Public W ater Wetland # 19-0064 as "Holz Lake". Pulled from the Consent Agenda. G. Aquatic Plant Restoration Program Application. It was recommended to endorse submission of a grant application to the Minnesota Department of Natural Resources to help fund restoration of a native aquatic plant buffer around Cedar pond in Cedar Pond Park. Eagan City Council Meeting Minutes December 4, 2000 Page 4 H. Extension for recording minor subdivision. It was recommended to approve an extension for recording the Minor Subdivision for Turnquist Addition. 1. Proiect 804. Clearview Addition Storm Sewer. It was recommended to receive a petition requesting a storm sewer outlet for the Clearview Addition and authorize the preparation of a Feasibility Report by City Staff 1. Cray 2nd Addition (Outlots A B. & C) & Lone Oak (Outlot G) Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on January 16,2001. K. Cell Net Lease Approval. It was recommended to approve a variance to the City's Fee Schedule, approve a Lease Agreement for Sclumberger/Cell-net communications Antennae (Sperry Reservoir) and authorize the Mayor and Deputy City Clerk to execute all related documents. L. Modification-FY 2000 CBDG Budget. It was recommended to authorize a reallocation of $13,000 within the FY2000 Community Development Block Grant (CDBG) budget from the Housing Rehabilitation Loan budget to the Wescott Public Safety Services budget. M. Proiect 742R. Assessment Agreement (Wescott Woodlands). It was recommended to approve an Assessment Agreement for Project 742R (Wescott Woodlands - Streets and Utilities) with the Rahn Family Limited Partnership and authorize the execution of said agreement by the Mayor and Deputy City Clerk. Councilmember Masin moved, Councilmember Carlson seconded a motion to approve the remainder of the consent agenda. Aye: 5 Nay: 0 C. Ordinance Amendment. Chapter 4 of the Eagan City Code. It was recommended to direct staff to initiate an ordinance amendment to Chapter 4, Section 4.03, allowing unlicensed potential owners of new structures to install electrical wiring as a result of electrical inspections services being shifted from the City's Protective Inspections Division to the State. Mayor Awada read the proposed amendment. Building Official Doug Reid discussed the background of the amendment. Councilmember Bakken moved, Mayor Awada seconded a motion to direct staff to initiate an ordinance amendment to Chapter 4, Section 4.03, allowing unlicensed potential owners of new structures to install electrical wiring as a result of electrical inspections services being shifted from the City's Protective Inspections Division to the State. Aye: 5 Nay: 0 F. Local designation ofDNR Public Water Wetland #19-0064 as "Holz Lake". Councilmember Masin asked about the historical significance of the name chosen. City Administrator Hedges stated the existing Manor Lake name is that of the development. Eagan City Council Meeting Minutes December 4, 2000 Page 5 Councilmember Masin moved, Councilmember Carlson seconded a motion to adopt recommendation by the Advisory Parks Commission to officially name Holz Lake. Aye: 5 Nay:O PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2001 (TRUTH IN TAXATION HEARING) City Administrator Hedges stated that if anyone in the audience was present to inquire about the market value placed on their property, to please leave their name and phone number and they will contacted regarding when they can appeal the valuation with Dakota County. City Administrator Hedges stated that the City is required by State law to hold this truth in taxation public hearing to consider the payable 2001 property tax levy and the 200 I budget. He went on to review a visual presentation prepared by Acting Director of Finance Tom Pepper. Mayor A wada opened the public hearing. Rick Clark questioned the increase in property tax. Steve Moburg asked for clarification regarding the transit tax. There was no further public comment. Mayor Awada moved, Councilmember Bakken seconded a motion to close the public hearing and set the levy and budget considerations for the December 19, 2000 City Council meeting. Aye: 5 Nay: 0 PROPOSED CEDARV ALE SPECIAL SERVICES DISTRICT BUDGET AND PROPERTY TAX LEVY FOR 2001. City Administrator Hedges reviewed this item. Mayor Awada opened the public hearing. Steve Moburg asked if the levy is for residential or business. There was no further public comment. Councilmember Masin moved, Councilmember Carlson seconded a motion to close the public hearing and set the levy and budget considerations for the December 19, 2000 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 4, 2000 Page 6 OLD BUSINESS PRELIMINARY SUBDIVISION - TRI-LAND SURVEYING COMPANY, INC. City Administrator Hedges introduced this item, stating it was continued from the November 21,2000 Council agenda. Senior Planner Ridley gave a staff report, stating that the Council considered a similar subdivision proposal for this site in June of this year, at which time the applicant requested a continuance of his application to be able to revise the application in response to issues and concerns that had been raised. The proposal has since been revised and incorporates several changes to the plans. Brad Swenson, developer, stated he had met with the neighboring property owners and staff and felt he had addressed all the issues of concern. He reviewed the revisions made to the proposal and stated he had petitioned the City to conduct a feasibility study for improvements. Ilene Kennedy, 1415 Lone Oak Road, owner of the subject property, gave a brief history of the property and expressed her support for the project. Anne Log, 1411 Lone Oak Lane, expressed concern over the wetland, storm drainage, and assessments for the improvements. She stated that the feasibility and cost analysis should be completed prior to the project being approved. She further stated that she felt the developer should be responsible for the improvements. Bill Ober, 1459 Lone Oak Road, questioned the process of preliminary approval. He expressed concern over damage to the pond during past years from storm sewer drainage. Public Works Director Colbert discussed the status of Project 806, which had the Feasibility Report authorized by the Council in October. Senior Planner Ridley stated there had been no impact to the wetland. Councilmember Bakken asked about a Red Tail Hawk nest on the site. Mr. Swenson stated the site had been searched and no nest was found. Mayor A wada stated she feels the plans for the project is much better than when previously submitted and that the concerns she had were resolved. She further stated that the storm drainage is a separate issue. Councilmember Blomquist agreed with Mayor Awada. Councilmember Carlson asked Mr. Swenson if the name Vincent Street, named in honor of Mr. Vincent Kennedy, could be changed to "Vince" or "Kennedy". Mr. Swenson asked Mrs. Ke1111edy which she would prefer. Mrs. Kennedy stated she preferred "Vince". Eagan City Council Meeting Minutes December 4,2000 Page 7 Mayor Awada moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision (Kennerick Addition) to create 17 single-family lots and one outlot on 8.63 acres located northwest of Pilot Knob and Lone Oak roads in the SE l/4 of Section 4, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, B2, B3, B4, Cl, C2, C3,Dl, and El 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 DBA (use provisional land use performance standards) as compared with a noise level of 65 DNL. 4. The developer shall verifY the compliance of the setbacks of existing structures from new lot lines prior to final subdivision approval. 5. The developer shall be subject to stringent temporary and permanent erosion control requirements in accordance with City standards. Erosion control measures shall be properly installed and effectively maintained (particularly to the west of the proposed cul- de-sac where the topography is steep) throughout the development process to prevent and minimize soil loss and impacts to down-gradient resources and water quality. 6. A public improvement project providing for a pipe outlet from the acquisition of ponding easement over HOP-l shall be approved by the City Council prior to final subdivision approval for this development. 7. The applicant shall meet the City's water quality requirements by excavating from the nearby wetland (City Pond HOP-I) a minimum additional wet-pond volume of 0.47 acre- feet covering an area of 0.23 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of six (6) feet, a 10: 1 aquatic bench, and an outlet skimmer according to City design standards. 8. With the exception of the area adjacent to the constructed stormwater treatment pond, a minimum 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction. 9. The existing houses on Lots 1 and 16 shall be connected to the City utility system (sanitary sewer and water main) as part of this development. 10. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards. Eagan City Council Meeting Minutes December 4, 2000 Page 8 II. The developer shall be responsible for obtaining public street easement over Parcel 051-00 to allow for the extension of the public cul-de-sac street prior to final subdivision approval for this development. 12. To ensure the protection of preserved woodlands/trees; individual lot tree preservation plans shall be required for lots 2-9, 11-13, and 15-17 at the time of building permit application. 13. Tree protection measures (i.e. orange colored silt fence or four 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. This tree protection fence shall be installed prior to any grading or tree removal. 14. The applicant shall contact the City of Eagan Forestry Division to set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of tree protection fencing. 15. The developer shall be responsible for a cash parks dedication and a cash trails dedication for Lots 2-13 and 15-17. A vote was taken on the motion. Aye: 4 Nay: 0 Carlson abstained. NEW BUSINESS REZONING, PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION - WENSMANN REALTY. City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. Terry Wensmann, Wensmann Realty, stated he is willing to work with the neighboring property owners regarding landscaping. Councilmember Carlson asked about the installation of a stop sign on the private street. Mr. Wensmann stated there would be a stop sign installed. Earl Elling expressed concern regarding increased traffic in the area. He asked who would be responsible for improvements once the road was determined to be substandard for the amount of traffic. Mayor Awada stated that it would be up to the City Council to resolve the problem. Vern Schaaf, 520 Chapel Lane, expressed his opposition to the channeling of the traffic onto Chapel Lane. Eagan City Council Meeting Minutes December 4,2000 Page 9 Beverly Evans, 537 Chapel Lane, stated that Chapel Lane is the only access to the park and the increased traffic raises concerns for the safety of children walking to the park. Robert Tapp, 3323 Highway 55, distributed a letter on behalf of the residents on the Frontage Road outlining their concerns over the impact of the proposed development on traffic, safety of people walking to the park. He stated he thinks the property is miszoned and is not consistent with the surrounding area. Mayor Awada addressed Mr. Tapp's comments and stated she does not think the increased traffic will severely effect the area. Cindy Klotzbach, 603 Chapel Lane, stated she is concerned over headlights that will shine into her house, the increased traffic, and would like to see fencing along her property. She further stated she wants to see an agreement to these issues in writing and wants assurance that her property will remain private. Councilmember Masin stated she has concerns regarding the increased traffic on Chapel Lane. Councilmember Carlson asked about the grading plan. Mr. Wensmann stated there will be silt fencing installed to prevent erosion. Bill Klotzbach, 603 Chapel Lane, speaking on behalf of his neighbors, read a letter expressing concern over the increased traffic and noise. Lowell Bahrke expressed concern with the soil type and its long term support of landscaping. Councilmember Carlson asked the residents if they preferred trees or fencing to shield their property from the road. Some of the residents indicated fencing, others indicated trees. Mr. Wensmann stated he felt that trees would be best. He also stated that an irrigation system would be installed along with top soil and sod. Councilmember Carlson asked if there could be no parking on one side of the frontage road. Public Works Director Colbert sated he would like to reserve that option to resolve the problem should there be one. He explained that with the winter odd/even parking ban, there would be no parking on either side of the road every other day. Councilmember Carlson requested a tree be planted on the corner of the road adjacent to the park to keep drivers off the curb. Councilmember Masin questioned the grading plan. Mr. Wensmann discussed the grading plan and plans for a retaining wall. Eagan City Council Meeting Minutes December 4, 2000 Page 10 Councilmember Carlson explained that the proposed development is actually one fourth the density that could be allowed on that property. She stated this proposal is the best that she has seen for the subject property. Mayor Awada asked the developer ifhe would be willing to continue this issue until the next Council meeting and work with the residents to get a definite landscape plan adjacent to their property. Councilmember Carlson stated that Mr. Wensmann has indicated he will work with the residents and does not think the issue should be continued. Mr. Wensmann stated he is willing to work with the residents prior to the development of the property and at the time the trees are actually planted. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Final Planned Development to allow the construction of 64 townhomes upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court within the northeast l/4 of Section 12 subject to the conditions listed in the planning report. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin felt the issued should be continued). Councilmember Carlson withdrew the motion. Mayor Awada moved, Councilmember Blomquist seconded a motion to continue the consideration of a Final Planned Development to allow the construction of 64 townhomes upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court within the northeast 1/4 of Section 12 until the first meeting in January, 2001. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - R. J. RYAN CONSTRUCTION City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve a Conditional Use Permit for outside overnight truck storage at a 41,000 square foot warehouse facility to be located on property located south of Aldrin Drive in the SW l/4 of Section II, lot I, Block I, Eagandale Corporate Center #5 subject to the following conditions: 1. This permit shall be recorded at the Dakota County Recorder's office. 2. Overnight outside storage of trailers and tractor-trailers shall occur only at the loading docks on the east side of the building and at a seven-stall pad at the southern portion of the parking area. 3. The bituminous surfacing shall be properly maintained to prevent deterioration. 4. The developer shall submit a copy of the shared access and cross easement for review and approval by the City Attorney. 5. Any rooftop equipment shall be screened from view from the public right-of-way. Eagan City Council Meeting Minutes December 4, 2000 Page 11 6. All trash handling equipment shall be located within the building, or within an enclosure consistent with City Code design requirements. 7. The landscape plans shall be prepared by a registered landscape architect or certified nursery person. Automatic irrigation is required for landscaped areas and shall be noted on the plans. 8. The applicant shall work with the City staff in revising the landscape plan to provide better screening and avoid planting in proof of parking ad future building areas. 9. All runoff from impervious areas shall be directed to existing detention basins for treatment as per the master drainage plan for the development. 10. An ungraded, unmaintained buffer extending at least 30 feet back from the delineated edge of all wetlands on the site shall be preserved. 11. The erosion and sediment control provisions identified on the grading plan dated June 30, 1998 shall be followed. All graded areas with a slope greater than 4: 1 shall be permanently established in a perennial native grass cover using MnDot seed mix 20A or equivalent and this vegetation shall be left in an unmaintained condition. A vote was taken on the motion. Aye: 5 Nay: 0 FINANCING DISCUSSION FOR STORM WATER IMPROVEMENTS City Administrator Hedges discussed this issue stating staff is requesting direction regarding further consideration of financing options that provide mitigation improvements for neighborhood areas impacted by the July 2000 super storm. He went on to discuss financing alternatives. Councilmember Bakken moved, Councilmember Masin seconded a motion to focus energy on obtaining state and federal funding. The Council discussed other alternatives, including issuing revenue bonds secured by an increase in the storm water utility charge. It was decided to focus on state and federal funding until an actual amount is determined. Councilmember Bakken stated he would be willing to help out with lobbying for the funds. A vote was taken on the motion. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 4,2000 Page 12 DISCUSS SCOPE OF SERVICES FOR ENGINEERING STORM WATER STUDY 2ND OPINION City Administrator Hedges introduced this item. Public Works Director Tom Colbert discussed the Request for Proposal and Scope of Services. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the Request for Proposal to retain the services of a professional consulting firm to provide an independent review of "The Storm of July 2000 - Analysis and Improvement Options" (November 2000) prepared by Bonestroo, Rosene, Anderlik and Associates. Ayes: 5 Nay: 0 ADMINISTRA TIVE AGENDA City Administrator Hedges discussed the request by City Councilmember Carlson and Mayor Awada to consider the change ofR-l standards from a 12,000 square foot and 85 foot wide lot to a 13,000 square foot and 90 foot wide lot minimum with 10 foot sideyard setbacks on each side of the property. Mayor Awada moved, Councilmember Bakken seconded a motion to direct this issue back to the Zoning Ordinance Update Sub-Committee. Aye: 5 Nay: 0 The process and timetable for the City Administrator's performance was reviewed. Staff was asked to provide a form used by MNDOT to the Personnel Committee. VISITORS TO BE HEARD Margaret Schreiner provided an update regarding the Eagan Foundation's Unmet Needs Committee in reference to the July 2000 super storm. ADJOURNMENT The meeting adjourned at 10: 15 p.m. MBM 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 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.