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09/21/1999 - City Council Regular MINUfES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Mitutesota September 21, 1999 00267 A regular meeting of the Eagan City Council was held on Tuesday, September 21, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were Gty Administrator Tom Hedges, Senior Planner Mike Ridley, City Engineer Russ Matthys, and City Attorney Jim Sheldon. 11_ Councilmember Masin moved to separate Items E, F and G from the Consent Agenda to be placed under Old Business. The motion failed for lack of a second. Councilmember Blomquist moved, Councilmember Masin seconded a motion to separate Items E, F, G, H, I and S from the Consent Agenda to be placed under Old Business. Aye: 2 Nay: 3 (Mayor Awada and Counci1members Carlson and Bakken opposed) The motion failed for lack of a majority. Councilmeinber Bakken moved, Councilmember Carlson seconded a motion to approve the agenda. Councilmember Masin asked the City Attorney to recap what a Consent Agenda is. City Attorney Sheldon stated that Councilmember Masin's question was a policy question and not a legal question. Gty Administrator Hedges stated that the Consent Agenda usually consists of items that have been before the City Council previously. He said the Consent Agenda is used to expedite the approval of items. Councilmember Masin asked who makes the determination as to what is on the Consent Agenda. City Administrator Hedges said that department heads meet on Tuesday preceding the regular Gty Council meeting and provide information for the agenda and determine the placement of items. Councilmember Masin said that it was her understanding that items on the Consent Agenda were supposed to be non-controversial. Gty Administrator Hedges said that was his understanding too. Councilmember Masin stated that she has informed some people at the dais that she was not prepared to vote for any street assessments, with the exception of Wescott and Lexington. until the Council has evaluated the street assessment policy. She added that Items E, F and G are controversial since they relate to assessments. Mayor Awada said that those items are for the purpose of scheduling a hearing only and the discussion about assessments will occur at the time of the hearing. Councilmember Blomquist asked City Attorney Sheldon why items could not be separated from the Consent Agenda at the time of the adoption of the regular agenda. City Attorney Sheldon said that the chair is the ruler on all initial motions and all activity with respect to the parliamentary procedure of the Gty Council. Counci1member Blomquist asked what procedure should be followed for separating an item from the Consent Agenda. City Attorney Sheldon stated that the Council has attempted to adopt an agenda, but there has not been a successful motion for doing so. He further noted that nothing could be pulled from an agenda that has not been adopted. Councilmember Blomquist said that she can see no other reason for not allowing an item to be pulled other than that it is the desire of some members of the Council to control the discussion of others. Coundlmember Carlson said that it is not that items can not be separated from Consent but rather she did not agree with the motion to separate the particular items. She further said that the motion needs to pass by a majority of the Council. She added that the items, which were requested to be separated, have historically always been on the Consent Agenda and they are non-controversial. Councilmember Blomquist said it was her intent to vote no on Items E, F, G, H, I and S and therefore will have to vote no on the entire Consent Agenda. Councilmember Masin stated that the City Council adopted rules on May 2S which state that no controversial issues are to be placed on the Consent Agenda. She added that since a member of the City Council is in litigation with the City regarding EAGAN CITY COUNCIL MEETING MINtJTfS; SEPTEMBER 21, 1999 PAGE 2 00268 street assessments that anything regarding road assessments should not be placed on the Consent Agenda. Mayor Awada suggested that perhaps the Councilmember who is in litigation with the City should not be voting on assessment issues at all. A vote was taken. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) Councilmember Masin said she was opposed to approving the agenda because items can not be separated from the Consent Agenda. _llill.I:I..T:;mIBlu_Rlllml Mayor Awada requested the first paragraph on page three under Acting Mayor be revised as follows, "Mayor A wada stated that it was her desire to rotate the Acting Mayor at this time due to what happened at the regular City Council meeting of August 17. She presented a letter to the City Council identifying her reasons for the change and said that although she did not blame the existing Acting Mayor for what occurred, she wanted to ensure that it does not happen in the future." Mayor Awada moved, Councilmember Bakken seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ~"":::".:'.."""'.""":."'''''''''':.'S''':'''':O''..:...!f...':'."1tliif's'......iFliMBEB..?....,...,,:Z.......":'i9B:UQlJ.LAR....:......":""..':.......\MEiillN!G.:...:.'. .. .... ," ',' ',' ....." '.' . '. . .......,.... " " "," -' ',', . .... '. ",',. .... .....'.........:,...,':..:..,::....:....:.......,:::,..:::,......':::::....:..,.:...........::,.....,..........::::....::..':............:...:..,.............::,:..,:~:::....::...,...,':...,,::....,..:..,:..,..:....,.,.,:..,...,:.....'..,:..,....:,:..........:...:........::....::...:'.::....',...,..' Mayor A wada requested that the second sentence in the third paragraph on page two under Department Head Business be revised as follows, "Mayor Awada noted that Mr. Poppler was a developer at the time he was assessed." She also requested that the following sentence be added after the fourth paragraph on page two, "Mayor Awada stated that there was already a motion on the floor." Councilmember Masin requested that the second sentence in the second paragraph on page three under Spedal City Council Meeting be revised as follows, "She thanked everyone who partidpated in the Onion Festival and also thanked the sponsors of the concert for prwiding a major activity for the young people in the community and for promoting a smoke-free millenium." She also requested that the word healthy be changed to health on page five in the paragraph beginning, "In regard to Item J, . . ." Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ~';t"D~R:'iU:D::lt::n':.B......jmft~Ci ~:~~~~~'!~I~~~~t...)M~~~ PRESENTAno~ OF PLAQUE BY DAKOTA COUNlY FOR 10 YEARS OF CITY-WIDE RECYCLING City Administrator Hedges provided an overview on this item. Dakota County Commissioner Patrice Bataglia acknowledged Communications/Recycling Coordinator Joanna Foote for her efforts with regard to the City's recycling program. Commissioners Bataglia and Nancy Schouweiler presented the plaque to the Mayor acknowledging the City for its contributions in supporting and operating its residential recycling program during the past ten years. EAGAN CITY COUNOL MEE11NG MINUTf5; SEPl'EMBER 21, 1999 PAGE 3 00269 RECOGNITIO~ OF MINNESOTA ALUANCE WITH YOUTH CO-CHAIR MAYA BABU Mayor Awada noted that lieutenant Governor Mae Schunk was present and further noted that she had appointed Maya Babu as co-chair of the Minnesota Alliance with Youth. lieutenant Governor Schunk spoke about the activities of the Minnesota Alliance with Youth. Ms. Babu thanked the City Council for their support. Mayor A wada presented a plaque to Ms. Babu in recognition of her leadership in the Eagan community. Councilmember Masin mentioned that Ms. Babu also serves on the National League of Cities youth board. .....:.....:.....:...,:...:.re.NT..........:...........:::~:,..'::,::.','.:...........:.'.'.......:::::.:::: .. '. . ...... . .'.." "..'. . .... . .. .. .':.....:......:.............,.::...::..::,::..:................::..:....4\ A. Personnel Items Item 1. It was recommended to approve the hiring of Stacey Conley and Nathan Wood as Community Service Officers. Item 2. It was recommended to approve the hiring of Kayla Widelman as a seasonal preschool program instructor. Item 3. It was recommended to approve the hiring of Barb Mason and Terri Kranz as seasonal preschool program assistants. Item 4. It was recommended to approve the hiring of Lori Huckle as a seasonal preschool program substitute. Item 5. It was recommended to approve the hiring of Mary Eppen, Norm Peterson, Robert Platz and John Sarafolean as seasonal park maintenance workers. Item 6. It was recommended to approve the hiring of Paul Robertson as a seasonal park attendant. Item 7. It was recommended to approve the hiring of Bruce Barry and David Schomburg as seasonal basketball scorekeepers. Item 8. It was recommended to approve the hiring of Bradley Champlin as a seasonal substitute basketball scorekeeper. B. Resignation. Bumsville/Eagan Telecommunications Commission. It was recommended to accept the resignation of Jeff May from the BumsvillejEagan Telecommunications Commission. C. Project 766R approve County Signal Agreement (Lexington Ave. &: Wescott Rd.). It was recommended to approve Traffic Signal Agreement No. 99-06 for Project 766R-A (Lexington Avenue &: Wescott Road - Traffic Signalization) with Dakota County Highway Department and authorize the Mayor and City Oerk to execute all related documents. D. Contract 00-01. authorize Request for Proposals - design services (Cliff Rd. Water Treatment Facility - Masonry Restoration). It was recommended to authorize Requests for Proposals for professional design services for Contract 00-01, Cliff Road Water Treatment Facility (Masonry Restoration). 00270 EAGAN CITY COUNOL MEETING MINlJ'n5i SEPTEMBER 21, 1999 PAGE 4 E. PrOject 758. receive final assessment roll schedule public hearing (Surrey Heights - Street Rehab. Overlay). It was recommended to receive the Final Assessment Roll for Project 758 (Surrey Heights - Street Overlay) and schedule a public hearing to be held on October 19, 1999. F. Project 757. receive final assessment roll schedule public hearing lRidgeview Acres - Street Rehab. Overlay). It was recommended to receive the Final Assessment Roll for Project 757 (Ridgeview Acres - Street Overlay) and schedule a public hearing to be held on October 19, 1999. G. Project 755. receive final assessment roll schedule public hearing - Meadowland Add. - Street Rehab. Overlay). It was recommended to receive the Final Assessment Roll for Project 755 (Meadowland 1" Addition - Street Overlay) and schedule a public hearing to be held on October 19, 1999. H. Project 784. receive feasibility report. schedule public hearing (Louis Lane - Streets and Utilities). It was recommended to receive the draft feasibility report for Project 784 (Louis Lane - Street Improvements) and schedule a public hearing to be held on October 19,1999. I. Project 761. receive feasibility report, schedule public hearing IDuckwood Dr. - Street Overlay) and schedule a public hearing to be held on October 19,1999. It was recommended to receive the draft feasibility report for Project 761 (Duckwood Drive - Street Overlay) and schedule a public hearing to be held on October 19,1999. J. Final Subdivision. Duke Construction for Apollo Business Park. It was recommended to approve a Final Subdivision to create two lots on 20.5 acres south of Apollo Road in the north 1/2 of Section 11. K. Corrective plat, Oak Bluffs. It was recommended to approve the Corrective Plat (Oak Bluffs) located east of Dodd Road and north of Diffley Road in the south 1;2 of Section 24. L. Final Subdivision. Thorson Properties for Lexington Pointe Fourteenth Addition. It was recommended to approve a Final Subdivision entitled the "Lexington Pointe Fourteenth Addition" located south of Lexington Pointe Parkway and east of Matthew Court in the NW 1/4 of Section 26. M. Final Plat, Collector Paradise for McNally Addition. It was recommended to approve a Final Subdivision to create one lot located at 2781 Pilot Knob Road in the NE 1/4 of Section 4. N. Engagement letter for auditing services. Kern. DeWenter, Viere. Ltd. for the year ending December 31. 1999. It was recommended to approve the engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year ending December 31,1999. O. On-sale liquor license for Spur. Inc.. dba Lost Spur Country Oub. It was recommended to approve a full on-sale liquor license for Spur Inc. dba Lost Spur Country Oub. P. Amusement device license, Regal Cinemas. 2055 Cliff Road. It was recommended to approve an amusement device license for Regal Cinemas located at 2055 Cliff Road. Q. Tobacco license, Kwik Trip. 3145 Dodd Road. It was recommended to approve a tobacco sales license for Kwik Trip located at 3145 Dodd Road. R. Recommendation to pursue Recognition as a "Community of Promise". It was recommended to approve the recommendation to submit a pledge to become a Minnesota Community of Promise. S. Confirmation of Findings of Fact. Conclusions & Resolution of Denial Glen Pond Second Addition. It was recommended to approve Findings of Facts, Conclusions & Resolution of Denial of the 00271 EAGAN CITY COUNCIL MEE'I1NG MIN1JTfS; SEPTEMBER 21, 1999 PAGES Preliminary Planned Development (Glen Pond Apartments) located on Pilot Knob Road in the SW 1J. of Section 10. T. Footing and Foundation permit. Lot 1. Block 1. Northwood Business Park. It was recommended to allow the issuance of a footing and foundation permit for Lot 1, Block 1, Northwood Business Park prior to final platting of the property located north of Northwood Parkway at PromeMde A venue. U. Project 97-B, acknowledge completion/authorize City maintenance (Fox Forest Addition). It was recommended to acknowledge the completion of Contract 97-B (Fox Forest Addition - Utilities) and authorize perpetual Oty maintenance subject to warranty provisions. V. Contract 98-24. approve Change Order No.1. Blue Gentian Road &: Blue Water Road (Street &: Utilities). It was recommended to approve Change Order No.1 to Contract 98-24 (Blue Gentian Road and Blue Water Road - Street and Utility Improvements) and authorize the Mayor and City derk to execute all related documents. W. Contract 99-06. approve final payment/authorize City maintenance IDuckwood Estates/Duckwood Trail- Street Resurface). It was recommended to approve the final payment for Contract 99-06 (Duckwood EstatesjDuckwood Trail- Street Rehabilitation) in the amount of $9,110.51 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. X. Order public hearing, public right-of-way vacation (Old Sibley Memorial Highway - Young). This item was pulled from the Consent Agenda at the request of the applicant. Y. Order public hearing. public right-of-way vacation (Preusse 2nd Addition). It was recommended to schedule a public hearing to be held on October 19,1999 to vacate public street right-of-way on Old SJ."ley Memorial Highway. Z. Resignation. Solid Waste Abatement Commission. It was recommended to accept the resignation of Susan Bast from the Solid Waste Abatement Commission and authorize staff to advertise the opening in the local media. AA. 2000 Landfill Abatement Grant funding application. It was recommended to approve the annual Landfill Abatement Grant funding application for 2000. Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the Consent Agenda. Coundlmember Masin referenced Item B, Resignation. Burnsville/Eagan Telecommunications Commission and Item Z, Resignation. Solid Waste Abatement Commission and thanked the outgoing commission members for their service and suggested they be invited to the next City Council meeting to be presented certificates of appreciation. In regard to Item B, Resignation. Burnsville/Eagan Telecommunications Commission. Mayor Awada suggested the Council fill the vacancy in January. Councilmember Carlson suggested that Alternate Jerry Sowells be appointed to fill the vacancy. Mayor Awada stated that the alternate position would then be left vacant until next year. In regard to Item S, Confirmation of Findings of Fact. Conclusions &: Resolution of Denial Glen Pond Second Addition. Coundlmember Blomquist stated that Mr. Wenzel has indicated that he is not interested in the MnDOT property and is planning to submit revised plans to develop his property. Coundlmember Carlson said that Mr. Wenzel should submit a letter of his intentions. EAGAN CITY COUNCIL MEE11NG MINU'I'f5; SEPTEMBER 21, 1999 PAGE 6 00272 A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) n.......:.........:u.....:.....:.'...:.:.HliiIl8................:::.:::.......:.'...'.::....:.:...:.$...:...: . . . ... .. ... .. .. . ,. . . . ... . . . . ...... . . . IQI.......E::....:.:..........,..:.:..:...G,.".: PROJECT 762,. FINAL ASSESSMENT HEARING, DUCKWOOD TR. (STREET REHABIUTATION - RECYCLING) Oty Administrator Hedges provided an overview on this item. Oty Engineer Matthys gave a staff report. It was noted that no one was present for this public hearing. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the .final assessment roll for Project 762 (Duckwood Trail- Street Rehabilitation) and authorize its certification to Dakota County for collection. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one she closed the public hearing. Councilmember Masin stated that she would be voting against this item because the Coundl has not evaluated the street assessment policy yet. Councilmember Blomquist said she was opposed to this item because the Coundl has not decided the appropriate way to handle street assessments. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) PROJECT 763, FINAL ASSESSMENT HEARING, DUCKWOOD ESTATES (STREET REHABIUTATIO~ - OVERLAY) Oty Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the final assessment roll for Project 763 (Duckwood Estates - Street Overlay) and authorize its certification to Dakota County for collection. Mayor A wada opened the public hearing to anyone wishing to speak. There being no one she closed the public hearing. Councilmembers Blomquist and Masin noted that they were voting against this item for the same reasons they were opposed to Project 762. A vote was taken on the motion. Aye: 3 Nay: 2 (Counci1members Blomquist and Masin opposed) PROJECT 738, FINAL ASSESSMENT HEARING, ROCKY LANE (STREET It UTIU11ES) City Administrator Hedges provided an overview on this item. Oty Engineer Matthys gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. 00273 EAGAN crIY COUNCL MEETING MINU'I'ESj SEPTEMBER 21, 1999 PAGE 7 Mark Bosiacki, 1390 Rocky Lane, stated that he was representing himself and also his neighbor Evan Christensen who resides at 1370 Rocky Lane. He further stated that they are both objecting to the street portion of the assessments. He added that the street improvement was for the benefit of the City of Eagan. He commented on the lack of notification about the project. He said that as a result of the construction of the Civic Arena and Cascade Bay, which necessitated the road improvement, they have had to endure construction activity, traffic, dust and noise. CounciImember Blomquist said that the concerns expressed by Mr. Bosiacki are the reasons why she believes the City is out of line in the way they assess for street improvements. She added that the City has been an imposition on this neighborhood and stated that the property owners of 1370 and 1390 Rocky Lane do not receive a benefit from this improvement and should not be assessed. CounciImember Carlson noted that the City is only assessing for water and the street improvement. City Engineer Matthys said that Mr. Bosiacki signed an agreement waiving his objection to the water assessment. CounciImember Carlson suggested that the assessment for water be deferred to 1370 Rocky Lane until the time of connection. City Attorney Sheldon said that the deferral should be subject to an agreement with the property owner. Mayor Awada moved, Councilmember Carlson seconded a motion to close the public hearing and approve the final assessment roll for Project 738 (Rocky Lane - Street and Utility Improvements) and authorize its certification to Dakota County for collection. deferring the water assessment for 1370 Rocky Lane, subject to an agreement with the property owner. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) VARIANCE, MARY Ie: JOHN DAVIES 4775 WHITE OAK COURT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Masin asked about the neighbors' position with regard to the variance request. Senior Planner Ridley stated that staff has not heard from any of the neighbors. John Davies, applicant, stated the reasons for the variance request. Discussion occurred regarding tree loss and the setback from the street. Mayor A wada noted that the City Coundl needs to address the larger policy issue as it relates to the expansion of structures that have been placed at the minimum setbacks. She said that she would support the variance since the neighbors were not in opposition. the expansion would result in an increase to the property value. CounciImember Carlson concurred. CounciImember Masin moved, Councilmember Carlson seconded a motion to approve a Variance of 10 feet to the 3O-foot setback from a public right-of-way to construct an addition to their garage at 4775 White Oak Court, legally described as Lot 18, Block 2, Oak Cliff 4th Addition. in the NW ~ of Section 31 subject to the following condition: 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 Coundl. 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. Aye: 5 Nay: 0 EAGAN CI1Y COUNaL MEETING MIN1JTES; SEPTEMBER 21, 1999 PAGES 00274 fiI.I'_1 COMPREHENSIVE GUIDE PLAN DRAFT - CITY OF EAGAN City Administrator Hedges provided an overview on this item. Planning consultant Julie Farnham provided additional information about the Comprehensive Guide Plan. Coundlmember Bakken moved to accept public testimony on the land use portion of the Comprehensive Guide Plan. An attorney representing Mike Neisius, property owner of 4855 South Robert Trail. indicated that his client did not object to the APe's recommendation that his property be guided Low-Density (LD) and zoned General Business (GB) transitional. Coundlmembers concurred with the APe's recommendation for Mr. Neisius' property. Todd Franz, 1525 Deerwood Drive, said that he and his grandfather, Henry Franz, would like to retain the Agricultural zoning designation of their property. Ms. Farnham noted that the APC recommended that the Agricultural zoning designation be retained on both parcels and also recommended they be guided LD. Mr. Franz stated that he did not want his property to become non- conforming. Ms. Farnham said that since the Todd Franz property is less than five acres it is considered non-conforming due to size but not use. Mayor Awada noted that while this Council agrees with the Agricultural zoning, they can not prevent a future City Council from changing the zoning. She requested that the minutes reflect that the Agricultural zoning is appropriate. Councilmembers concurred with the Agricultural zoning classification and the LD Comprehensive Guide Plan designation. Barb Miller, 3217 Donald Avenue, stated her opposition to the APe's recommendation to change the Comprehensive Guide Plan designation for Richfield Blacktop to Medium Density (MD). She said she would prefer a low-density zoning classification for this property. Jonnel Green, 3225 Donald A venue, concurred. Peggy VanWinkle, 3240 Heritage Lane, spoke in favor of the Low-Density Guide Plan designation and stated that they purchased their house with the understanding that future development on the site would be low-density. John Johnson, owner of Richfield Blacktop, stated that he was not in favor of the Medium Density designation; however, he said he was more opposed to the Low-Density designation citing concerns with economic loss. In response to a question by Mr. Johnson, Planning Consultant Farnham said that the Richfield Blacktop property is classified as transitional, which means that the existing use is all that is allowed to occur and that no other General Business use would be allowed without City Council approval. Ron Miller, 3217 Donald Avenue, expressed concern with the Guide Plan designation changing from the existing Low Density Residential. Coundlmember Carlson moved, Councilmember Blomquist seconded a motion to change the Medium Density designation to Low Density. Councilmember Carlson stated that since there is already a significant amount of multiple family development in the area the City should strive to reach a balance through the Comprehensive Guide Plan. Coundlmember Bakken stated that the Council should attempt to reach a compromise by 00275 EAGAN crrY COUNaL MEETING MINlJ'IEi; SEPTEMBER 21, 1999 PAGE 9 allowing a small lot Single Family development that would allow for a slightly higher density. Mayor Awada stated that since the Guide Plan is proposed for LO an Rl-S or R-l development would be allowed. She added that she wanted to ensure that Coundlmember Bakken's concerns are incorporated into a transitional plan. She further added that she wanted to see this parcel redevelop in a financially feasible way as soon as possible. Counci1member Masin echoed Coundlmember Carlson's statement regarding balance in the area. A vote was taken on the motion. Aye: 5 Nay: 0 Vern Schaaf inquired about the status of his property. Consultant Farnham explained the GB transitional zoning and the MD Guide Plan designation proposed for his property. Mike Schindeldecker, 2875 Lexington A venue, inquired about the Schindeldecker properties on Lexington A venue. Planning Consultant Farnham stated that the proposal is for Business Park for both the zoning and Guide Plan designations. Stuart Wierke, owner of Wierke Trenching, stated his desire to have his property zoned and guided for commerdal use. Councilmember Carlson said that she is not concerned about the LD Guide Plan designation but would like to ensure that the Agricultural zoning remain in place. Mayor A wada moved, Councilmember Bakken seconded a motion to guide the Wierke property LO and retain the Agricultural zoning. Aye: 5 Nay: 0 Planning Consultant Farnham stated that the current use on the Wierke property is not conforming to the Agricultural zoning. Further discussion occurred and it was determined that changes to the City's non-conforming ordinance, directed by Council, would allow Mr. Wierke to continue his operations. Karen Flood, 1518 Lone Oak Road, expressed concern about the lack of land that will be available for affordable housing and requested that language in the Guide Plan be changed from upscale to life-cycle housing. Counci1member Masin moved to change the language in the Guide Plan. The motion failed for the lack of a second. CounciImember Bakken moved, Mayor Awada seconded a motion to grant preliminary approval of the City of Eagan's Comprehensive Guide Plan and direct staff to submit the plan to the Metropolitan Council for review and comment. Counci1member Masin stated that she was concerned about lowering the land use designation of property that has been taxed and assessed at a higher rate. Councilmember Carlson offered an amendment to include language on page 11 of the Land Use element of the Guide Plan that would restrict expansion of transitional uses. Coundlmember Bakken accepted the amendment. In response to a comment, Planning Consultant Farnham stated that the City Coundl has nine months to achieve consistency between the zoning map and Comprehensive Guide Plan. A vote was taken on the amended motion. Aye: 5 Nay: 0 Councilmember Bakken moved, Mayor Awada seconded a motion to direct staff to begin working on amendments to City Code Chapter 11 (Zoning Code) as outlined in the Implementation Section of the Comprehensive Guide Plan. 00276 EAGAN Cl'IY COUNOL MEETING MINlJTffi; SEPTEMBER 21, 1999 PAGE 10 Mllt..11i$. CONTllACT 99-13, RECEIVE BIDS/AWARD CONTllACT (ASHBURY ROAD - TRAFFIC CALMING) City Administrator Hedges provided an overview on this item. City Engineer Matthys stated that no bids were received due to the unavailability of contractors. He said that staff is requesting to pursue the work through change orders and additional solidtations. Mayor Awada moved, Councilmember Bakken seconded a motion to cancel the advertisement for bids for Contract 99-13 (Ash bury Road/Blackhawk Hills Road - Traffic Calming Improvements) and direct staff to coordinate the construction of the improvements through change orders of current contracts and the solidtation of other needed services. Aye: 5 Nay: 0 REZONING & PRELIMINARY SUBDIVISION (WATERS EDGE) - TRANSACT, INe. 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 Rezoning of approximately 4.6 acres of land from A, Agricultural to R-l, Single Family (Lots 8 and 9) and R-2, Residential Double (Lots 1-7) located south of Englert Road and west of Pilot Knob Road in the southeast 1/4 of Section 16. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision entitled Waters Edge located south of Englert Road and west of Pilot Knob Road in the southeast ~ of Section 16 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: Bl, B2, B3, Cl, C2, Dl and E1 2. The property shall be platted. 3. Development of the property depicted as Lots 1 and 2 shall not occur until such time as street access from the west is available. 4. Either the plat shall be reconfigured to eliminate the non-conforming garage setback or the garage shall be removed. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 6. The utility plan shall be revised so that a retaining wall is not constructed over the utilities extended to serve Lots 1 and 2. EAGAN CI1Y COUNCIL MEETING MINU'IE5; SEPTEMBER 21, 1999 PAGE 11 OU277 7. This development shall maintain the integrity of this sanitary sewer service pipe to Parcels 013-79 and 030-79 and provide a private easement to allow its continued use as a service line. 8. The developer shall obtain suffident drainage & utility easement from Parcel 030-79 for the proposed sanitary sewer line that crosses the northeast comer of Parcel 030-79. 9. The required tree mitigation calculates to the installation of twenty-five (25) Category A trees, or .fifty (SO) Category B trees, or one hundred (100) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation shall be in addition to any City required landscaping. 10. Tree Protective measures (i.e. orange colored silt fence or 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. 11. 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 and placement of the Tree Protection Fencing. 12. A cash dedication in lieu of on-site ponding shall be required for the development. The cash dedication required based on the area and impervious characteristics of developed lots shall be approximately $5,600. 13. An access easement from the west to serve Lots 1 and 2 shall be provided to the City Attorney for review and shall be recorded with the plat. The private access easement shall be terminated with the development of a public access from the west to service Lots 1 and 2. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISIO~ - DUKE WEEKS REALTY CORPORATION (EAGAN POINTE) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He noted that the Advisory Parks Commission has yet to review the tree mitigation plan, parks and trails dedications and water quality requirements. He referenced a letter submitted by the applicant proposing a deviation from the tree mitigation requirements. He stated that the applicant was agreeable to approval of the preliminary subdivision subject to the review of the aforementioned plans by the API<:, prior to .final subdivision approval. Kevin Mus, representing the applicant indicated that he agreed to the APrC s review of the plans. Councilmember Masin said that she would not be agreeable to a variance to the tree mitigation policy. Mayor Awada concurred. Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision (Eagan Pointe) to create five lots on approximately 16 acres located west of Hwy. 149 across from Chapel Lane and Rolling Hills Drive in the east 1h of Section 12 subject to review of the tree mitigation plan, parks and trails dedication and water quality requirements by the APrC and approval by the City Council prior to action on the .final subdivision and the following conditions: EAGAN CITY COUNCIL MEE'I1NG MINU1'ES; SEP'IEMBER 21, 1999 PAGEl2 00278 General Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 19993: Bl, B2, B3, 84, 0, C2, C4, Dl, El 2. The property shall be platted. Setbacks 3. The development plans shall provide the minimum required 5-foot pavement setback for southern drive aisle on Lot 3. Storm Drainage 4. The developer shall be responsible for the construction of the storm sewer pipe outlet from Pond EP-4.1 to Pond EP-2 within "North Park". 5. The developer shall be responsible for all costs associated with the force main pipe relocation within the development in accordance with City engineering standards. Wetlands/Water Ouahty 6. The development shall meets its water quahty mitigation requirement entirely through on-site ponding. 7. The pond excavation shall incorporate a 5-foot wide aquatic bench extending from NWL to 1 foot below NWL and side slopes below the aquatic bench should be 3:1 to a maximum depth of 10.5 feet. 8. 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 .6 acres and 2.6 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins. Access/Street Design 9. Prior to final subdivision approval, the developer shall provide proof of the access easement allowing their use of the private service drive along the southern boundary of this site. 10. The development plan shall be revised to provide a minimum drive lane width of at least 24 feet al all points. Easement/Rights-of-Way /Permits 11. The developer shall obtain MnDOT permit approval for all construction (access, grading) within Hwy. 149 right-of-way. The developer shall also be responsible for the construction of all improvements on Hwy. 149 required by MnDOT as part of the permit approval, including possible turn lanes, bypass lanes, etc. 00279 EAGAN OTY COUNaL MEETING MINlJTfS; SEPTEMBER 21, 1999 PAGE 13 12. The developer shall obtain permit approval from Metropolitan Council Environmental Services for the connections to the sanitary sewer along the west edge of the site. 13. The developer shall be responsible for obtaining permit approval from the appropriate railway company for the extension of the pond pipe outlet across the existing railroad tracks west of Pond EP-4.1. Landscaping 14. The landscaping for Lots 2-5 will be reviewed for compliance with aty Code requirements at the time of the building permit for each lot. Landscaping along the east side of the site adjacent to the highway shall provide 75 % screening of the parking lots as required by aty Code, and each of those lots shall contain plant materials equal to about 3% of the building value. Tree Preservation 15. Prior to final subdivision approval, the developer shall submit a Tree Preservation Mitigation Plan with the landscape plan that provides for the installation of one- hundred sixteen (116) Category B trees (or an equivalent combination of Category A, B and/ or C trees), subject to review by the City Forester. Tree mitigation shall be in addition to landscaping required by the City Code. Mitigation plantings shall be identified both graphically on the plan and on the legend. 16. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Une or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved, if any. 17. The applicant shall contact the City Forestry Division at least five days prior to issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fendng. Parks and Recreation 18. This development will be subject to a cash park and trail dedication. Aye: 5 Nay: 0 PRELIMINARY SUBDMSION - GREGORY & V ALEIUE RATHMAN (RATHMAN ADDmON) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Masin moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision to create three lots on 3.27 acres with a Variance to lot width for Lot 3, for property located east of Blackhawk Road just north of Silver Bell Road in the southeast 1/4 of Section 17, 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: Bl, B4, Cl, 01, El EAGAN CITY COUNaL MEETING MINU1'ES; SEPTEMBER 21, 1999 PAGE 14 00280 2. The property shall be platted. 3. The OHWL of Blackhawk Lake of 792.3 feet shall be shown on the final plat. 4. Blackhawk Lake shall be identified on the plat also as DNR 119-59. 5. This development shall provide a cash water quality dedication in lieu of on-site ponding. 6. Prior to final subdivision approvaL the developer shall prepare a conservation easement to provide protection of riparian and adjacent upland areas along Blackhawk Lake and Pond BP-1.2. The area covered in the easement shall extend a minimum of 100 feet back from the ordinary high water level of Blackhawk Lake and Pond BP-1.2. The easement shall be submitted for review and approval by the City Attorney prior to Council action on the final subdivision, and shall be recorded with the plat. 7. The developer shall prepare a private ingress/egress easement for the shared driveway access for Lots 1 and 2, and the easement area shall encompass suffident maneuvering space for Lot 2 over Lot 1. The easement shall be submitted for review and approval by the City Attorney prior to Council action on the final subdivision, and shall be recorded with the plat. 8. Individual Lot Tree Preservation Plans will be required at the time of building permit application for Lots 1 and 3. 9. Park and trail dedications for Lots 1 and 3 should be satisfied through a cash dedication paid at the time of final plat. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISIO~ (TERMINAL DRIVE BUSINESS CENTER) OMmQUlPjLULL INTERNATIONAL City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Coundlmember Carlson left the meeting at 9:00 p.m. Coundlmember Bakken moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision entitled the "Terminal Drive Business Center" located on the western half of property currently platted as Lot 1, Block 1, Sibley Terminal Industrial Park (3131 Highway 13) in the NE ~ of Section 8 and the NW ~ of Section 9 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: Bl, B2, el, C2, C4, D1 and El 2. The property shall be platted. 3. Cross access/parking easements and covenants shall be established between Lots 1 and 2. Such easements shall be subject to review and approval by the City Attorney and recorded with the plat. 00281 EAGAN CI1Y COUNOL MEETING MINt1Tf5i SEPTEMBER 21, 1999 PAGElS 4. No outdoor storage is to occur on either lot unless a Conditional Use Permit (CUP) is obtained upon Council approval. 5. The gravel surface on the lot shall be surfaced in compliance with current City Code requirements. 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City standards. 7. Catch basin structures and storm sewer shall be constructed at the northwest entrance to Lot 1 to capture the storm water runoff before it reaches Alexander Road. 8. Fire hydrants shall be provided within the development in accordance with City standards. 9. The developer shall reconstruct the existing parking and loading areas with perimeter concrete curb & gutter and storm sewer in accordance with City standards. 10. The developer shall obtain MnDOT permit approval for the proposed grading within Highway 13 right-of-way. 11. The development would be responsible for a cash parks dedication in lieu of on-site ponding. Aye: 4 Nay: 0 (Coundlmember Carlson was absent for the vote) Coundlmember Carlson returned at 9:05 p.m. CONSIDERATION OF ASSESS~ ISSUE, MIKE AND JANE SWENSO~ Oty Administrator Hedges provided an overview on this item. Mike Swenson, 1640 Four Oaks Road, stated that they would like to maintain their property as a single family residence; however, the special assessment interest and principal presents a significant tax burden. He mentioned the possibility of downzoning the property to Agricultural. Mayor Awada said that she was concerned about the abatement of the assessments and stated that she would prefer a deferral. She questioned how the interest could be deferred. Oty Administrator Hedges noted that the Swensons could split their lot and homestead the parcel with the house and the City Council could defer the assessments with interest on the larger parcel. Oty Attorney Sheldon said that the City Council could defer special assessments on unimproved property under state law. Coundlmember Carlson agreed with the lot split and stated that the historic home could be retained on the smaller parcel. Coundlmember Blomquist expressed concern with the amount of interest to be deferred. She requested that a breakdown of the interest be provided to the Council explaining why it is so high. She said that as a member of the History Committee she would like the home to be preserved and did not have a problem with deferring the assessment. Mayor Awada added that she was not interested in waiving the amount. Coundlmember Masin stated that the City should determine the value of the buildings. Coundlmember Carlson said that she was willing to explore all the alternatives prior to making a decision. EAGAN Cl1Y COUNCIL MEETING MINlJTES; SEPTEMBER 21, 1999 PAGE 16 00282 Councilmember Carlson moved, Councilmember Masin seconded a motion to discuss the abatement of special assessment interest for ten acres of unplatted land and the deferment of special assessment principal for ten acres of unplatted land located at 1640 Four Oaks Road (pID# 10-00900-O21- 31) at a future City Council work session. Aye: 5 Nay: 0 ORDINANCE AMENDMENTS - CHAPTER. 10 - RABIES CONTROL; STORAGE OF JUNK VEIllCLES, HOUSEHOLD FUIlNISmNGS, ETe.; CO~STRUcnO~ ACTIVI1Y ~OISE REGULAnO~S; TRESPASS; ~OISY P ARTIES/ELECTR.ONIC SOUND SYSTEM AND CHAPTER. 4 - CO~STRUcnO~ AND EQUIPMENT NOISE REGULAnO~S City Administrator Hedges provided an overview on this item. Karen Flood, 1518 Lone Oak Road, referred to the ordinance amendment regarding construction and equipment noise regulations and expressed concern about the noise from Lull Engineering. Acting Police Chief Swanson stated that the noise is acceptable if Lull is operating within the parameters of their Conditional Use Permit. City Administrator Hedges noted that the City received some complaints in the past about the noise that was coming from Lull. He noted that it may have resulted from the night shift operation that has now been concluded. Councilmember Carlson stated that the Council had directed that language in the ordinance amendment pertaining to noisy parties include a warning first. Acting Police Chief Swanson said that providing a warning is general practice; however, if a situation warrants it immediate enforcement will occur absent a warning. Further discussion occurred and it was determined that the ordinance amendment should be left as drafted. Coundlmember Bakken moved, Coundlmember Masin seconded a motion to approve Amendments to Chapter 10 (Public Protections, Crimes and Offenses) of the City Code and to approve an Amendment to Chapter 4 (Construction Ucensing, Permits and Regulation). Aye: 5 Nay: 0 ORDINANCE AMENDMENT, CHAP1'ER SIX, DECREASING THE NUMBER. OF HAULER. UCENSES City Administrator Hedges provided an overview on this item. Communications/Recycling Coordinator Foote explained that a merger had occurred between two haulers. Councilmember Bakken expressed concern about the continual reduction of available hauler licenses and said that it makes it impossible for a new hauler to come into the City and offer competitive rates. He added that if redudng the number of licenses would result in a reduction of the number of trips per neighborhood he would be supportive of the decrease. He added that the City should maintain the policy of encouraging neighborhoods to partidpate in voluntary neighborhood organization of garbage and recycling service. He said that he was in support of seven licenses for haulers. Councilmember Carlson concurred and added that she wanted to ensure a free market. -.".......'.'.'.'.'.'...'..."......'..:.......'.......'.:.:.:...,.,..,..'.',..'.........".,."'.'w..,..',..','..",.,........,.,.,...,., . .. . . ..." . .. . ... .,. .... ... . ".. ..' ..... .... .. .. . . . . .. ...... .. . . .. .. . .' .. . . . . . .... .... . .. ......................,..........,..,............,..1.1Y11[4QIfIt& FINAL SUBDMSIO~ - IuhUhK ADDmO~ City Administrator Hedges provided an overview on this item. Mayor Awada moved, Cound1member Bakken seconded a motion to approve the final subdivision for the Kieffer Addition located south of Elrene Road and west of Dodd Road located in the NE 1j~ of Section 24. Aye: 5 Nay: 0 00283 EAGAN CITY COUNOL MEE'IlNG MINU'I1:5; SEPTEMBER 21, 1999 PAGE 17 CI1Y CONTRACf 99-12, SILVER BELL ROAD (11113 TO KENNEBEC DRIVE - STREET RECO~STRUCIl0N) Oty Engineer Matthys provided an overview on this item. Mayor Awada moved, Coundlmember Bakken seconded a motion to approve the request for extended operating hours for Ace Blacktop, Inc., from 6:00 a.m. to 9:00 p.m., Monday through Friday, except for legal holidays, until October 15,1999. Aye: 5 Nay: 0 v"......:.wd.....'.'...:.:...:.......:::.....::SO........:.:...:.:::.......,:,......:~.....:...........:::.:::.......:0...'...:: .. ..... . . .... .. .. . . . . . .' .. .... MII..:.,:R$::::..::..:..::::....lt,:........:........:......:: Jeff Gregory, 1322 Deercliff Lane, commented on the assessment to Mr. Bosiacki on Rocky Lane. He also commented on the voting patterns of Councilmembers Bakken and Carlson. He said that Councilmembers Blomquist and Masin appear to be outcasts. He asked why the City spent seven million dollars to construct Cascade Bay without holding a public hearing. Mayor Awada responded that many public meetings were held with regard to Cascade Bay and said that the information on when the meetings were held could be provided to Mr. Gregory. Councilmember Carlson asked if there was a legal cause for a public hearing to be held. City Attorney Sheldon said that he was not aware of any. Councilmember Bakken suggested that Mr. Gregory check the minutes and agendas at the Wescott Library for information on when the public meetings were held. Mayor Awada requested that Mr. Gregory be respectful of the new councilmembers who were not even on the Council when Cascade Bay was approved. 1111_ The meeting adjourned at 10:10 p.m. MLK September 21, 1999 Date H 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 Roed, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The aty 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.