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05/04/1999 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 4, 1999 00122 A regular meeting of the Eagan City Council was held on Tuesday, May 4,1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor A wada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Mayor Awada noted that Item B of Old Business, Interim Use Permit - Wayzata Bay Center, had been withdrawn at the applicant's request. Councilmember Masin moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 6, 1999 SPECIAL MEETING .. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 20, 1999 REGULAR MEETING Mayor Awada requested that the first sentence in the fourth paragraph on page 8 under the Ordinance Amendment to Chapter 6, Decreasing the Number of Hauler Licenses, be revised as follows, "Mayor Awada Councilmember Carlson stated that she might vote against this item because she does not believe in the philosophy of government controlling business." Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS Councilmember Blomquist stated that a member of the History Committee had requested that the rental income from the next antenna lease be designated to the History Committee. She noted that the History Committee unanimously agreed with this request. City Administrator Hedges mentioned that rental income from one antenna is currently being provided to Holz Farm. He added that the History Committee would be required to submit a budget. Councilmember Masin said she would prefer funds be allocated from the General Fund to the History Committee as needed. Mayor A wada concurred. Councilmember Blomquist noted that the committee will be receiving funds from the sale of the Lone Oak Years history book and will be preparing a budget. She commented on the costs associated with conducting interviews of long-time Eagan residents. City Administrator Hedges suggested that the History Committee present expenditure requests when the budget is presented and the Council could make a determination regarding the designation of General Fund dollars. CONSENT AGENDA Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Councilmember Masin requested items C and F be separated. Councilmember Blomquist requested Items C and H be separated. Councilmember Bakken and Councilmember Carlson agreed to amend their motion to separate Items C, F and H from the Consent Agenda. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 2 00123 A. Personnel Items Item 1. It was recommended to approve the hiring of Jeff Asfahl as the Superintendent of Recreation. Item 2. It was recommended to approve the hiring of a person to be recommended as the Water Resources Coordinator. Item 3. It was recommended to approve the transfer from the Utilities Maintenance Division to the Streets Maintenance Division for Bill Weitzel. Item 4. It was recommended to approve the hiring of Lisa Detling as a temporary part-time Criminal Systems Analyst for the Drug Task Force. Item 5. It was recommended to approve the hiring of Michael Sowers as the seasonal tree inspector. .. Item 6. It was recommended to approve the hiring of Darren Neuman as a seasonal forestry technician. Item 7. It was recommended to approve the hiring of Bill Sawyer as a seasonal horticultural specialist. Item 8. It was recommended to approve the hiring of Stacy Lynn Showalter as a part-time seasonal skating instructor for the civic arena. Item 9. It was recommended to approve the hiring of Chris Pittelcow and Nick Scharffbilig as seasonal ballfield attendants. Item 10. It was recommended to approve the hiring of Barbara Wiggin as a seasonal park attendant. Item 11. It was recommended to approve the hiring of Michael Mason, Jennifer Rasmussen and Jon Beecher as part-time seasonal concession workers for the stands at athletic fields. Item 12. It was recommended to approve the hiring of Cory Knaffla, Drews Alexis, Lynn Streefland, Nova Butor, Jake VanPutten and Adam Fechner as seasonal park maintenance workers. Item 13. It was recommended to approve the hiring of Nancy Gwizdala as a temporary part-time clerical technician for Community Development. Item 14. It was recommended to approve the hiring of Aaron Hunter as the seasonal concessions manager for Cascade Bay. Item 15. It was recommended to approve the hiring of Kristopher Scheurer as the seasonal guest services manager for Cascade Bay. Item 16. It was recommended to approve the hiring of Anne Roush as a seasonal lifeguard shift leader for Cascade Bay. Item 17. It was recommended to approve the hiring of Kim Ohim and Kristin Rogers as seasonal guest relations shift leaders for Cascade Bay. Item 18. It was recommended to approve the hiring of Patrick Budion and Joshua Austad as seasonal concessions shift leaders for Cascade Bay. Item 19. It was recommended to approve the hiring of Amelia Bardis, Marina Axelrod, Brandon Mason, Stephen Piehl, Elizabeth Rowley and Clayton Shull as seasonal guest service workers for Cascade Bay. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 3 001.24 Item 20. It was recommended to approve the hiring of Scott Fredrickson, Ryan Darwitz, Jonathan Durson, Joseph Pontrelli and Rob Rousseau as seasonal maintenance workers for Cascade Bay. Item 21. It was recommended to approve the hiring of Krista Whitney, Emily Brown, Elizabeth Butler, Kristi Guenther, Mari Jo Walters, Irene Wheeler, Alison Bailey, Andrew Elrema and Grant Mestnik as seasonal lifeguards for Cascade Bay. Item 22. It was recommended to approve the hiring of Kelly Becker, Steve Byrnes, Kristin Fjelstad, Ryan Hartley, Matthew Koppi, Chrystal Stevenson, Elisa Swenson, Kari Brenberg, Susan Rusche and Victoria Daulton as seasonal concession workers for Cascade Bay. Item 23. It was recommended to approve the hiring of Melissa Sponelli as a seasonal substitute lifeguard for Cascade Bay. Item 24. It was recommended to approve the hiring of Colleen Mathiason as a seasonal part-time preschool program substitqte. Item 25. It was recommended to approve the hiring of Shannon Haugh, Christie Mason and Meghan Doherty as seasonal part-time recreation leaders. Item 26. It was recommended to accept the letter of resignation from Engineering Technician Craig Knudsen. B. Consider Airport Relations Commission letter reasserting Eagan's corridor commitment. It was recommended to approve the recommendation from the Eagan Airport Relations Commission reaffirming the City's commitment to the Eagan- Mendota Heights Corridor as an effective noise mitigation strategy, and authorize a letter to be sent to interested parties stating that commitment. C. APrC Recommendation, shared parking United Methodist Church & City of Eagan. This item was pulled from the Consent Agenda. D. On-Sale liquor license name change from DF & R Operating Company to Don Pablo's Operating Corp. It was recommended to approve a name change for on-sale liquor license holder DF & R Operating Company to Don Pablo's Operating Corp. E. Final Plat, Transport 21, Inc., Seven Eight Nine Addition. It was recommended to approve a Final Plat 99 - 2 4 (789 Addition) that will replat three individual parcels of land and a portion of a vacated segment of Apollo Road into a single 1.9 acre lot located north of Apollo Road and west of the Canadian Pacific rail line in the NE 1/4 of Section 11. F. Proclamation observing Pause for the Pledge of Allegiance on lune 14 at 6:00 p.m. This item was 99 - 25 pulled from the Consent Agenda. G. Project 770, receive feasibility report/schedule public hearing (Denmark Avenue Extension - Street and Utility Improvements). It was recommended to receive the draft feasibility report for Project 770, (Denmark Avenue - Street and Utility Extension) and schedule a public hearing to be held on June 1, 1999. H. Contract 99-02, receive bids/ award contract (Meadowland, Ridge View, Surrey Heights - Street Overlay). This item was pulled from the Consent Agenda. 1. Project 766, receive feasibility report/schedule public hearing (Wescott Rd. and Lexington Ave.- Signalization). It was recommended to receive the draft feasibility report for Project 766, (Wescott Road and Lexington Avenue - Signalization) and schedule a public hearing to be held on June 1,1999. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 4 001.25 J. Project 668, Traffic Control Signal Agreement (Lone Oak Road - Street & Utility Improvements). It was 99 - 2 6 recommended to approve Traffic Control Signal Agreement No. 78449R (Lone Oak Road & TH 55) with Dakota County and the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. K. Easement Vacation, Lot 6 & 3, Block 1, Great Oaks Addition. It was recommended to receive a petition to vacate a drainage and utility easement over parts of Lots 3 & 6, Block 1, Great Oaks Addition, and schedule a public hearing to be held on June 1, 1999. Mayor Awada acknowledged the three items that were separated from the consent agenda. In regard to Item C, APrC Recommendation, shared parking United Methodist Church & City of Eagan, Councilmember Masin questioned the number of parking stalls being requested by the church. Director of Parks and Recreation Vraa clarified that the church only needs 24 stalls but an additional 31 stalls are being proposed to serve Patrick Eagan Park. Councilmember Masin said that, since 'there is no master plan for Patrick Eagan Park at this time, she preferred to only approve the 24 stalls needed for the church and to defer action regarding the request for the additional 31 stalls. Vraa indicated that the prevailing position of the APrC was that the park could easily be designed around the driveway and parking lot which are proposed to be constructed in an efficient location. Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve the extension of Northview Park Road into Patrick Eagan Park and the request by United Methodist Church to construct a parking lot containing 24 stalls, deferring action on the shared parking request to allow an additional 31 parking stalls. Councilmember Carlson asked if this item could be continued to a work session. Director of Parks and Recreation Vraa stated that it was not critical for the Council to take action this evening, but added that the church was looking for direction indicating if they were proceeding in the right direction regarding a shared parking agreement with the City. Councilmember Masin stated that she was willing to continue this item to a work session since she is concerned about the lack of a master plan for Patrick Eagan Park. Councilmember Blomquist expressed concern about the lack of information. Councilmember Masin rescinded her previous motion. Councilmember Blomquist agreed to rescind the motion. Councilmember Masin moved, Mayor A wada seconded a motion to continue the extension of Northview Park Road into Patrick Eagan Park and a shared parking lot with United Methodist Church to a future Special City Council meeting. Aye: 5 Nay: 0 In regard to Item F, Proclamation observing Pause for the Pledge of Allegiance on Tune 14 at 6:00 l2.:.!!k Councilmember Masin moved, Councilmember Bakken seconded a motion to proclaim June 14, 1999 at 6:00 p.m. to be a time to "Pause for the Pledge of Allegiance" in the City of Eagan. Councilmember Masin asked if the City had any organized plans to observe this occasion. City Administrator Hedges indicated that no plans had been made. Councilmember Masin suggested inviting a Barber Shop Quartet or a local boyscout or girlscout troop to participate in acknowledging this event. A vote was taken on the motion. Aye: 5 Nay: 0 In regard to Item H, Contract 99-02, receive bids/ award contract (Meadowland, Ridge View, Surrey Heights - Street Overlay), Councilmember Bakken moved, Councilmember Carlson seconded a motion to receive the bids for Contract 99-02 (Meadowland, Ridge View, Surrey Heights - Street Overlay), award the contract to Valley Paving for the Base Bid in the amount of $319,103 and authorize the Mayor and City Clerk to execute all related documents. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 5 001.26 Councilmember Blomquist stated that she was concerned that the Council continues to move forward amid so much controversy surrounding the City's street assessment policy. Councilmember Masin said she thought there would have been some resolution regarding how the Council is going to fund street overlay and reconstruction projects. A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Blomquist opposed and Councilmember Masin abstained) ADMINISTRATIVE AGENDA SELECTION OF JIM BRIMEYER & ASSOCIATES AND PERSONNEL DECISIONS INC. FOR RECRUITMENT OF CHIEF OF POLICE POSITION City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Blomquist seconded a motion to provide direction to the City Administrator to proceed with retaining the services of the Brimeyer Group, PDl and Macalaster to assist in various phases of the Chief of Police recruitment process. Aye: 5 Nay: 0 SCHEDULE SPECIAL WORKSHOP TO CONSIDER STREET RECONSTRUCTION POLICY City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Masin seconded a motion to continue this item to the Council goal session on May 25. Councilmember Carlson suggested discussing this matter earlier than the May 25 work session, possibly at the May 6 work session. Mter further discussion, it was decided to schedule discussion for the May 25 work session. Councilmember Masin suggested that the City's appraisers be present to explain the process used in calculating the amount of benefit to a property. She also suggested that information be obtained from the Real Estate Association regarding the effect of inclusion of roads in appraisals. Councilmember Blomquist said that each of the Councilmembers should be presented with a copy of the assessment policy and a copy of the minutes containing the original action adopting the policy. Councilmember Blomquist rescinded her previous motion. Councilmember Masin agreed to rescind the motion. Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a Special City Council meeting for May 18, 1999 at 4:30 p.m. to consider the street reconstruction policy. Aye: 5 Nay: 0 Mayor A wada moved, Councilmember Bakken seconded a motion to change the start time of the Special City Council meeting on May 6, 1999 from 5:30 p.m. to 4:30 p.m. Aye: 5 Nay: 0 Y2K STANDING COMMITTEE UPDATE AND RECOMMENDATION FOR ADDITIONAL STAFF AUTHORIZATION City Administrator Hedges provided an overview an on this item. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to receive the report of the Y2k Standing Committee and approve the additional staffing recommendation of the Y2k Standing Committee. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 6 00127 OAKBROOKE SUBDIVISION City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the corrective plat for the Oakbrooke Subdivision. Aye: 5 Nay: 0 CASCADE BAY PLAQUE City Administrator Hedges provided an overview on this item. Mayor Awada moved, Councilmember Bakken seconded a motion to approve design Option A for Cascade Bay. Councilmember MasIn said she preferred design Option B. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed) DEPARTMENT HEAD BUSINESS YOUTH SUMMIT TEEN PRESENTATION Katie Tilley and Maya Babu, students at Eagan High School, presented a report on the Youth Summit that was held on April 9. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she close the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED AND FALSE ALARM BILLS City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. Councilmember Blomquist suggested that efforts be undertaken to educate the public about the burden placed on the Police Department in regard to false alarm calls. Police Chief Geagan stated that the City's growth has contributed to the number of false alarms and added that there are some measures that can and are being taken to reduce the number of false alarm calls. Councilmember Blomquist requested that information be presented to the Council identifying what measures are being used to determine criteria for false alarms. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 7 00128 A vote was taken on the motion. Aye: 5 Nay: 0 CONSIDER INTERIM ORDINANCE (MORATORIUM) CEDAR AVENUF/HIGHWAY13 STUDY AREA City Administrator Hedges provided an overview on this item. He mentioned that he received a call from a property owner who indicated that he had not received any information regarding the study and the moratorium prior to this public hearing notice. He explained the reason this person had not received any previous information was because the task force had recently expanded the study area to encompass the area west of the Cedar/Highway 13 interchange, which effects this property owner. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the interim ordinance (moratorium) for the Cedar Avenue and Highway 13 Study Area. Mayor A wada ope.ped the public hearing to anyone wishing to speak. An attorney representing Gregory Pruesse, who owns property southwest of the Cedar Avenue/Highway 13 interchange, stated that Mr. Price was formally objecting to the inclusion of his property in the moratorium. He requested that the parcels Mr. Price owns be excluded from the moratorium. Rodger Slater stated that he has a letter of intent for the sale of his property and asked about the effect the moratorium will have on the sale. He asked why his property is included in the moratorium and added that the potential owners of the property do not want to rezone the property. Senior Planner Ridley explained why the task force extended the study area and the moratorium to include the area west of Cedar. Mr. Slater asked if the moratorium could be extended at the end of six months. Mayor Awada stated that the City Council could extend it, but added that the intent of the Council is to complete the study within the six-month timeframe. Councilmember Blomquist asked why the property west of Cedar Avenue was included. Senior Planner Ridley said that the idea was to include all vacant, undeveloped land in the area of the interchange within the study and moratorium. Councilmember Masin expressed concern that the members of the task force appeared to be opposed to a moratorium. She added that she would vote in favor of the moratorium but with reservation. Assistant City Administrator Verbrugge clarified that the task force members were supportive of a moratorium that included certain stipulations. Councilmember Blomquist said she would like to see an immediate decision made regarding the Slater property and added that this property may not need to be included in the moratorium. Councilmember Carlson questioned if the Council could delete individual properties. City Attorney Sheldon indicated that the ordinance could be amended to delete certain properties as determined by Council. Betty Bassett, 2101 Wuthering Heights Road, stated that, as a member of the task force, she did not feel that any properties should be excluded from the area recommended to be included by the task force. She said excluding one property would result in additional requests by property owners to exclude their property. She added that this could result in failure to complete a comprehensive study of the area. Mayor A wada and Councilmember Carlson concurred with Ms. Bassett's position. The attorney representing Mr. Price purchased his property prior to the expansion of the study area and noted that he had prepared a written objection. He requested the study area be limited to everything north of Highway 13. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 8 00129 There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Mayor A wada said she supported the original motion and added that the moratorium timeframe is of short duration. She added that there were several valid reasons for including the properties to the west of Cedar A venue. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 765, ROBIN LANE (SIDEWALK IMPROVEMENTS) City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to reject Project 765 (Robin Lane - Sidewalk Improvements). Mayor A wada opened the public hearing to anyone wishing to speak. Several residents spoke in opposition to the installation of a sidewalk. Reasons cited supporting denial were co~t of the assessments to properties not in favor of a sidewalk, loss of trees, lack of need and aesthetics. Several other residents spoke in support of the sidewalk citing traffic concerns and pedestrian safety . There being no one else wishing to speak, Mayor A wada closed the public hearing and turned the discussion back to the Council. Councilmember Blomquist asked why this request was before the Council when 35% of the affected property owners had not signed the petition. Director of Public Works Colbert explained that staff tries to encourage at least 35% of the affected property owners to sign a petition; however, he added that since this petition was signed by a significant number of people it was brought forward for Council's consideration. He said that there is no policy that requires that 35% or more of the affected parties must sign a petition before it can be brought to the City Council. He further said that state statutes require a 4/5's vote bLthe Council to approve a project if it has been petitioned for by le~s than 35% of the assessable properties. Councilmember Carlson suggested that the Council discuss, at a future work session, implementation of a policy that would only allow consideration of requests for certain projects if the majority of the property owners to be assessed are in favor of the improvements. Mayor A wada and Councilmember Blomquist concurred. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 663, FINAL ASSESSMENT HEARING (V ALLEY VIEW PLATEAU - STREET & UTILITY IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor A wada opened the public hearing to anyone wishing to speak. Nader Noorshokry, 2840 Highway 13, requested an exemption to his pending assessment. Director of Public Works Colbert noted that the final assessment amount was lowered from the pending EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 9 00130 assessment amount. Mr. Noorshokry stated that he had not planned to subdivide his property, but said that was the only way he could pay for this assessment. Several residents objected to their assessments stating that the cost of the assessments was higher than the benefit received and the project was unnecessary. Questions were raised about the low cost of assessments for street improvements to other neighborhoods in Eagan, the possibility of being assessed again in the future, the timeframe for submitting an objection and how assessments are calculated. Director of Public Works Colbert explained the difference between lateral and trunk sewer charges. He stated that the trunk sewer charge is a one-time charge assessed to every property owner in the City. He said that explains why the assessments to the properties in Valley View Plateau were higher than the assessments to other neighborhoods in Eagan since the other property owners had already paid the trunk charge. City Attorney Sheldon explained that assessment amounts are based on a preliminary analysis that is conducted by an outside appraiser. Mike Sullivan, o~er of Lot 1, Block 5, Valley View Plateau and Lot 1, Block 2, DeLosh Addition, inquired about the appropriateness of assessing the back lot for streets when it did not abut Bridgeview Avenue. Colbert explained that the assessment is based on where a lot takes its driveway access. Mr. Sullivan requested that his assessments for the back lot be deferred until the time of development. There being no one else wishing to speak, Mayor A wada turned the discussion back to the Council. Councilmember Blomquist questioned the value to the property owners and expressed concern about the high cost of the assessments. Mayor Awada clarified that the assessment amount for the street improvement was one of the lowest amounts that have been levied in the City for similar projects. Councilmember Masin indicated that she would be abstaining from voting on this item until the Council finishes their discussion regarding the City's assessment policy. Councilmember Blomquist mentioned that 27 letters of opposition were received from property owners and the Council should listen to their concerns. Mayor A wada said that the Council is concerned about their objections, but added that the Council has not decided to make any changes to the street assessment policy and further said she is not sure there is enough support for changing the policy in the future. Mr. Noorshokry indicated that he was willing to pay $4,500 per lot for each of his three lots. City Attorney Sheldon stated that he would be able to withdraw his application for a Preliminary Plat, but added that his property will still be assessed as three lot equivalents regardless of whether he subdivides or not. Director of Public Works Colbert explained that street improvement, utilities and services were installed to serve the three lots proposed under the former Hayes and current Nader Addition preliminary plats. Councilmember Carlson stated that Mr. Noorshokry is responsible for development- related costs, which include assessments. Further discussion occurred regarding deferral of assessments to Mr. Noorshokry's property. Director of Public Works Colbert explained that a standard deferral agreement had been presented to the City Council previously; however, Mr. Noorshokry was not agreeable to the terms. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 663 (Valley View Plateau - Street and Utility Improvements) and authorize its certification to Dakota County for collection and authorize staff to execute an agreement to defer the assessments to the second back lot owned by Mike Sullivan at the rates in effect at the time of development. Aye: 3 Nay: 1 (Councilmember Blomquist opposed and Councilmember Masin abstained) PROJECT 749, EAST TH 55 SOUTH FRONTAGE ROAD (STREET IMPROVEMENTS) Cont. City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 10 00131 Mayor A wada opened the public hearing to anyone wishing to speak. Larry Martin, representing Kwik Trip, said they preferred the northerly access to TH 149 opposite the frontage road and added that the southerly access will affect the approved site plan. He further said that Kwik Trip is willing to accept the added condition of a cross easement for access to Dart and Starks as long as it is limited to just them. Gary Santoorjian, representing Dart Transit, expressed support for the Kwik Trip proposal and also the northerly access. John Wills, 3240 Dodd Road, expressed his concern with the proposed future median along TH 149 and the adverse impact on access to his business. He added that new development should pay for the impact they create. Jack Hoeschler, rep,resenting TIP, expressed his support for allowing Advantage Lane to be kept open as a full intersection. After further discussion regarding the various limited access locations along TH 149, Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Alternate No.1 as it pertains to the locations of future full access and median breaks for TH 149. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) Discussion occurred regarding access to the proposed Windsor Estates development. Several residents spoke in favor of the cul-de-sac option on the east end of the frontage road leaving access to TH 149. Concerns were expressed regarding safety, construction of a roadway through private property, acquisition of property through condemnation, whether road construction or development should occur first, loss of trees, the problems being created by the proposed Windsor Estates development, increased traffic flow, the need for a signal light at Chapel Lane and TH 149, and the excessive speed limit on Highway 55. There being no one else wishing to speak, Mayor A wada turned the discussion back to the Council. Councilmember Masin stated that the traffic concern of the future Windsor Estates needs to be addressed. Director of Public Works Colbert said that staff has tried to take this concern into consideration by suggesting Alternate No.2 at the future Chapel Lane intersection with Highway 55. He added that traffic volumes may generate the need for a traffic signal. He further added that a traffic signal at Chapel Lane and TH 149 would require major roadway improvements prior to the upgrade of TH 149 planned for 2003. Councilmember Blomquist expressed concern that property owners may be assessed for the improvements to the south frontage road of Highway 55. Director of Public Works Colbert stated that there will be some financial assistance by MnDOT, but added that some assessments will be necessary. Councilmember Blomquist said that there was no information provided to the Council regarding potential assessments. She added that the road improvements are being done to service future development and the current residents already have access to Highway 55 and will receive no benefit as a result of the improvements. Colbert mentioned that the assessments were included in the feasibility report previously presented at the April 20 public hearing. Councilmember Blomquist moved, Councilmember Masin seconded a motion to deny Project 749 (Highway 55 South Frontage Road - Street Improvements). Councilmember Bakken stated that the median breaks will be closed regardless of the actionataken by the Council. Mayor Awada said that if the Council denies this project they will be putting off a decision that will be made for them as a result of future development. She further said that the Council EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 11 00132 should make a choice and stated that she believes that full accesses to Highway 55 will be restricted or closed eventually. Councilmember Carlson said the developer of Windsor Estates should do the work involved in determining the appropriate access to the Windsor development. Director of Public Works Colbert noted that the developer is agreeable to the access to Highway 55. Councilmember Masin said she would prefer the Windsor residents go to the east and exit onto Highway 55 by way of Chapel Lane. Councilmember Blomquist expressed concern with the construction of a road between the residential properties to Chapel Lane. She added that she did not want to make a decision regarding this matter until after Windsor Estates makes a determination about their development plans. She further added that she did not think the Council could assess property owners for the road improvements. A vote was taken on the motion. Aye: 1 Nay: 4 (Mayor Awada and Councilmembers Bakken, Carlson and Masin opposed) Councilmember Carlson moved, Mayor Awada seconded a motion to approve Project 749 (Hwy. 55 South Frontage Road - Street Improvements) and Alternate No.1 for the frontage road with construction of a cul-de-sac at the east end of Highway 55, but not allowing/ providing access for Windsor Estates to the frontage road and authorize the preparation of detail plans/ specs and the acquisition of rights-of-way through the condemnation quick take method. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to open and close the public hearing regarding the extension of Chapel Lane through the Schaaf property. Aye: 5 Nay: 0 Mayor Awada stated that this issue could be discussed when the Windsor development is before the Council. Councilmember Carlson said she was a proponent for the construction of this road. Mayor Awada recessed the City Council meeting at 10:35 p.m. The meeting reconvened at 10:45 p.m. OLD BUSINESS TREE CONTRACTOR LICENSE RENEWAL, OUTDOOR SPECIALTIES, 560 LONE OAK ROAD City Administrator Hedges provided an overview on this item. Mayor Awada moved, Councilmember Masin seconded a motion to approve the tree contractor license renew~l for Outdoor Specialties as presented. Councilmember Masin asked why the business license should be considered as a separate matter from the drainage problems created as a result of this business. City Attorney Sheldon stated that licensing of businesses involves a registration process and added that there are no regulatory provisions contained in this process. Jill Wiedemann-West, 600 Lone Oak Road, said it was her intent at the last City Council meeting to simply bring this issue to the Council's attention but not to prohibit the renewal of the tree contractor license. She noted that the business owner is enlarging the business. She added that some attempts have been made by the business owner to construct a landscape buffer. Councilmember Blomquist asked about the zoning of the property that the business is located on. Senior Planner Ridley stated that the property is zoned Agricultural and said that this type of business is a permitted use in this zoning district. Councilmember Carlson said that the Council needs to review the Agricultural zoning designation, which permits uses that are too intense for an R-l area. Councilmember Bakken stated that it may be necessary to re-examine the licensing process to ensure business owners are not in violation of any City standards. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 4,1999 PAGE 12 00133 Councilmember Masin questioned if the ordinance contains language prohibiting erosion to adjacent properties. City Attorney Sheldon said he would check the language. Director of Public Works Colbert stated that most erosion control requirements are regulated by building permits, development agreements and other City Codes. He added that a certain minor amount is allowed without any City controls. Ms. Wiedemann-West said that the drainage has occurred as a direct result of the need to use the back of the property for this business. Discussion occurred regarding the grade change that has occurred. Councilmember Carlson added that, if the City allows grade changes that may affect drainage, there should be a backup plan to address similar issues. This matter was scheduled for discussion at the upcoming goal setting work session. INTERIM USE PERMIT - W A YZAT A BAY CENTER COMPANY DAKOTA COUNTY TECHNICAL COLLEGE TRAINING DEPARTMENT IN CEDARV ALE MALL .. Councilmember Masin moved, Councilmember Bakken seconded a motion to acknowledge the withdrawal of an Interim Use Permit (!UP), by the applicant, to allow 6,100 square feet of the existing Cedarvale shopping center (located at 3914 Sibley Memorial Hwy. in the NE % of Section 19) to be converted to classroom space for the Dakota County Technical College customized training department. Aye: 5 Nay: 0 V ARIANCE, VISION TECHNOLOGIES, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Mayor A wada seconded a motion to deny a 30 foot Variance from the required 30 foot setback from a public street for an existing structure located at 3900 Sibley Memorial Highway in the northeast % of Section 19 and direct the preparation of findings of fact for consideration at the May 18, 1999 City Council meeting. Councilmember Masin asked if there were plans for a trail along Rahn Road. Senior Planner Ridley noted that there may not be enough right-of-way to accommodate a trail. Councilmember Masin asked for an explanation of the reasons for denial and said she believed it would be better to enclose the structure than to leave it in its current state. Councilmember Carlson stated that the building is too close to Rahn Road and enclosing the existing drive-through area would only make the situation worse. She added that snow plowing efforts would be hindered since there would be no place for snow storage to occur. Mayor A wada said there was no hardship to warrant this variance. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed) NEW BUSINESS SUBDIVISION - KWIK TRIP, INC. City Administrator Hedges provided an overview on this .item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision (Kwik Trip Eagan Addition) to create one lot and two outlots on approximately 10 acres, located south of Stark's Cafe, abutting the west side of Highway 149 in the NW % of Section 12 subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 13 00134 General 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Bl, B2, B3, B4, Cl, C2, C4, Dl, El 2. The property shall be platted. 3. Outlot B shall be platted with the adjacent parcel containing Starks Cafe as a single lot, to be recorded simultaneously with the Kwik Trip Eagan plat. Parking 4. Parking shall be provided in the amount to meet minimum City Code standards and the developer shall submit additional information necessary to demonstrate compliance with Code requirements prior to final subdivision approval. (Satisfied.) Landscaping 5. The preliminary landscape plan shall be revised to identify 14 Category B trees as tree mitigation, but the total number of trees on the final landscape plan shall not be reduced from the amount shown on the preliminary plan. 6. The landscape plan shall be revised to provide continuous landscaping and berming along the full length of highway frontage to provide screening of vehicles and protect against headlight glare. Grading 7. Prior to any grading and prior to final subdivision approval, the applicant must submit documentation to the City establishing the applicant's rights to develop the portion of the property identified as "Interest of Jacob Schmidt Brewing Company. . . " along with the balance of the site. 8. The grading plan shall be revised to continue the berms along the full length of highway frontage for screening purposes. 9. Erosion control measures in accordance with City standards shall be installed and maintained as part of this development. Water Ouality 10. This development shall meet its water quality mitigation requirement entirely through the expansion of Pond EP-4. 11. The proposed ponding area shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .26 acres and .8 acre-feet, respectively. Skimmers of suitable design to the City should be installed on the outlet of all detention basins. Streets / Access / Circula tion 12. The "Borchert-Ingersoll" street along the south edge of the development shall be dedicated as a public street with appropriate right-of-way. This development shall construct a temporary cul-de-sac turnaround to city standards (with public easement) at the west end of the street improvements, to be removed at the time of future street extension to the west with the development of Outlot A. (Satisfied) EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 14 001.35 13. Access to the development shall not be allowed onto Hwy. 149, except in the location of the "Borchert-Ingersoll" road. lf acceptable access consolidation onto Hwy. 149 involving Starks, Dart Transit and Kwik Trip can be achieved and is acceptable to MN/DOT, this condition will not apply. Easements/Rights-of-Way /Permits 14. The entire width of right-of-way needed for the "Borchert-Ingersoll" road shall be dedicated adjacent to Lot 1, Block 1. The dedication of the south half of the right-of-way can be accomplished either through an easement, or by plat. 15. The developer shall obtain MN/DOT permit approval for any grading activities within Hwy. 149 right-of-way. 16. The develQper shall obtain MN/DOT permit approval for "Borchert-Ingersoll" road access onto Hwy. 149. The developer shall be responsible for the construction of all the necessary improvements to Hwy. 149 as required by MN/DOT as conditions of permit approval. Tree Preservation 17. The developer shall provide an ingress/egress easement across the Kwik Trip site to Starks Cafe for access to the "Borchert/Ingersoll Road." This easement shall be submitted to the City Attorney for review and approval prior to final subdivision approval for this development. 18. The developer shall install 14 Category B trees as mitigation for significant tree removal in excess of allowable limits. 19. A revised tree preservation plan shall be submitted for review and approval by the City Forester prior to final subdivision approval. 20. Tree Protective measures (i.e. 4 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. 21. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 22. This development shall be responsible for a cash parks dedication and a cash trails dedication. The 1999 rates for these dedications are $3,376.00 per acre and $920.00 per acre. 23. The Developer shall provide an ingress/ egress easement access the Kwik Trip site to Starks Cafe for access to the Borchert/Ingersoll Road. This easement shall be submitted to the City Attorney for review and approval prior to final subdivision approval for this development. Larry Martin, representing the applicant, stated that the applicant is agreeable to the easement condition as long as the access is limited solely to Starks and the Pro Stop and does not serve as access to the remainder of the Dart site. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4,1999 PAGE 15 001.36 A vote was taken on the motion. Aye: 5 Nay: 0 REZONING & WAIVER OF SUBDIVISION - PULTE HOMES OF MN CORP. (OAKBROOKE SUBDIVISION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment (rezoning from A, Agricultural to PD, Planned Development) to incorporate a 5 acre exception located south of Deerwood Drive and west of the Deerwood School into the previously approved Oakbrooke Addition located in the southwest 1/4 of Section 21 subject to the following conditions: 99-22 1. The Oakbrooke Planned Development Agreement shall be amended to incofJK>rate the subject prQperty prior to final plat approval. 2. The City shall approve the requested Waiver of Subdivision. 99-23 A vote was taken on the motion. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Waiver of Subdivision to allow the subdivision of the 5 acre exception into a 1.5 acre lot and a 3.5 acre outlot subject to the following conditions and a deferral of the Trunk Storm Sewer charge for a period of 5 years of development, whichever occurs first (the charge will be collected at the rates in effect at development or 5 years hence): 1. The Waiver of Subdivision shall be contingent upon Council approval of the requested Planned Development Amendment. 2. A final plat drawing shall be submitted which illustrates proposed Lot 1, ~lock 1, Outlot A and that portion of the subject property to be provided as right-of-way. 3. The final plat shall be recorded within 60 days of Council approval. 4. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Bl and B3 5. The developer shall prepare a private ingress-egress easement document for review and approval by the City Attorney prior to final plat approval. This easement shall be recorded with the final plat. 6. Park and trail dedication requirements shall be addressed in conjunction with the future resubdivision of the property. A vote was taken on the motion. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) INTERIM USE PERMIT - KOHL'S DEPARTMENT STORES, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 16 00137 Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve an Interim Use Permit (IUP) to allow outdoor storage of containers upon their property located at 1350 Town Centre Drive in the northwest % of Section 15 subject to the following conditions: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on November 1, 2000. 3. Outdoor storage activities shall be limited to three containers all of the same color (neutral tones) confined to the area east of the department store within the area specifically designated on the site plan. Councilmember Carlson said she was opposed to approving the Interim Use Permit because the Council would be setting a precedent for all retail stores to request the use of outdoor storage-containers. Councilmember Masin asked if Kohl's had previously requested the use of semi-trailers in the back of their property. Senior Planner Ridley clarified that Walmart had requested a Conditional Use Permit for a three-month timeframe every year so they would be allowed outdoor storage of containers. Tom Carrigan, District Manager for Kohl's, stated that the Advisory Planning Commission had requested Kohl's convert the outdoor storage of materials from semi-trailers to storage containers. He added that storage containers are more aesthetically pleasing than semi-trailers and are less obtrusive. He explained the need for additional storage at the Eagan store, which has been created as a result of the large sales volume. Councilmember Carlson reiterated that the Council would be setting a precedent by approving this request. Mr. Carrigan stated that they need time to conduct a study to determine if they should. expand the Eagan store or add another store in the south metropolitan area. Mayor Awada added that she was concerned about allowing outside storage to occur since the City has been involved in litigation of a similar nature. Councilmember Blomquist stated that she did not have a problem with approving the lUP since the storage containers will be hidden and there is a time limit that will be imposed. Councilmember Carlson suggested the term of the lUP be limited to six months, which would allow sufficient time to conduct a market evaluation. Mayor Awada concurred. A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Carlson opposed) LEGISLATIVF/lNTERGOVERNMENTAL AFFAIRS Mayor Awada stated that she and other mayors spent Monday lobbying legislators. City Administrator Hedges noted that he attended the Municipal Legislative Commission meeting last week. He mentioned that a recap of Senate and House tax bills will be distributed to the Council on Friday. ROUND TABLE City Administrator Hedges referenced correspondence re<:eived from representatives of ISD 191 regarding their request for reconsideration of the term limit of the Interim Use Permit approved for the Cedarvale Shopping Center. He requested the Council forward their thoughts to him regarding their position concerning the reconsideration request. Mayor A wada noted that she is meeting with representatives of ISD 191 in a few weeks. Councilmember Masin added that the Council needs to reach a consensus regarding this request. City Administrator Hedges said that Mayor Awada and Councilmember Masin could discuss this matter at their meeting with representatives from LSD 191. Mayor Awada noted that she did not have any desire to reconsider the previous action. Councilmembers EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 17 001.38 Carlson and Bakken concurred with Mayor Awada. Councilmember Carlson said her reason for denying the request for a ten-year term limit is because of the study of the Cedarvale area. Mayor A wada mentioned that she attended the Earth Day/Arbor Day event. She also commented on the Forever Green tree distribution that is scheduled for Thursday and Saturday. Councilmember Masin requested that staff prepare two alternatives for calculating assessments for the Council to consider when the street assessment policy is considered at the Council work session on May 18. Councilmember Carlson suggested that members of the Council also present information on options. Councilmember Masin agreed. Mayor Awada stated that if there is a desire to change the policy by a member of the Council, they should present alternatives for consideration. Councilmember Carlson noted that it is necessary to collect ample information in order to develop options. She said it was appropriate to ask staff for their input. Councilmember Blomquist said that the process should be driven by the Council and that staff needs to be given policy direction. She further said that the Council should set forth options for staff to research. Mayor Awada stated that staff needs to be provided clear direction. Councilmember Blomquist. added that she is concerned that the original policy was arrived at by staff and that since staff has led the Council through the policy they will ultimately have to put together suggested alternatives. Director of Public Works Colbert stated that the Council will be meeting on May 18 and he would be unable to develop an assessment policy within that timeframe without knowing what specifically the Council wants changed in the current policy. Councilmember Bakken suggested that each Councilmember bring ideas to the May 18 meeting and then staff could research the ideas, as agreed upon by Council consensus, following the meeting. Mayor A wada said that there were a few changes she had to the process and it was her understanding that they were incorporated in the minutes of the Special City Council meeting of April 6. She added that she did not suggest any changes to the policy. Councilmember Blomquist said that the rest of the Council needs to see the proposed changes in writing and needs to see the assessment policy. She suggested that alternatives for financing assessments that were identified in the Finance Committee report be discussed. She added that this issue needs to be considered on a formal agenda by the Council. Councilmember Bakken noted that if any Councilmember has suggested alternatives they should present them for consideration by the whole Council. City Administrator Hedges mentioned that information will be presented at the May 18 Special City Council meeting regarding the appraisal process, the Finance Committee report and the original motion that was made to adopt the assessment policy. Councilmember Bakken said that there should be an understanding of the Council that this will be the last opportunity to present options and alternatives concerning the assessment policy in an effort to bring closure to this matter. Councilmember Masin commented on the death of long-time Eagan resident Vince Kennedy. Councilmember Bakken said he thought the Council had agreed to eliminate the Round Table since discussion often becomes unstructured and actions are occasionally taken regarding matters that have not been appropriately scheduled on the agenda or noticed to the public. He suggested that if Councilmembers would like to share information they should schedule the item for an agenda or circulate a memo. It was determined that further discussion on this matter would be scheduled for the goal setting work session. Councilmember Bakken commented that the appropriate time to pull items from the Consent Agenda is at the time of the adoption of the agenda. Mayor Awada added that certain items can be discussed at the time of the Consent Agenda, but the items that the Council wants to vote on separately should be separated from the Consent Agenda. Councilmember Carlson further added that if Councilmembers have questions on particular items, they should call staff prior to the Council meeting. Councilmember Masin commented that perhaps some items that are scheduled on the Consent Agenda EAGAN CITY COUNCIL MEETING MINUTES; MAY 4, 1999 PAGE 18 001.39 should be scheduled elsewhere. Councilmember Blomquist suggested this matter be discussed at the work session on May 25. Councilmember Carlson said she received a call inquiring if the City had anything to do with the increase to the speed limit on Galaxie Avenue. Director of Public Works Colbert explained that MnDOT is the only jurisdiction that has the authority to change the speed limit. He noted that the City had requested the completion of a speed study by MnDOT on 13 different streets including Galaxie Avenue. ADJOURNMENT The meeting adjourned at 11:55 p.m. May 4, 1999 Date ~ MLK 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.