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06/17/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 17, 1997 0<.'2GO A regular meeting of the Eagan City Council was held on Tuesday, June 17, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges provided information about the Interim Ordinance the City Council adopted at the June 3, 1997 City Council meeting. He explained that the City is currently in the process of studying all D-II zoned property in the City. He added that the Pulte Homes application was to be considered at this evening's City Council meeting. He further added that the application will not be considered until the D-II study is complete and the Interim Ordinance is no longer in effect. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINl..J1'ES OF THE JUNE 3, 1997 REGULAR MEETING Councilmember Awada commented that on page 2, the acronym for the Advisory Parks Commission (APC) should be changed to differentiate from the acronym used for the Advisory Planning Commission (APC). Councilmember Masin noted that the name change request is on the consent agenda and could be discussed at that time. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Awada abstained) MINU1ESOF TlffiMA Y.27, 1997$J:>ECI.A.~MEETING Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD Jeff Mayer, 2920 Pilot Knob Road, requested that the City Council give consideration to instituting a building and property maintenance program. He distributed copies of other cities' ordinances. Joe Harrison, 2811 Beam Lane, stated that the City Council should redo the ordinance to enforce zoning violations. He presented pictures of various houses that are deteriorating in the City. He added that safety is a concern. Mr. Mayer said that these types of properties are attractive nuisances and he further said that children could get hurt exploring the vacant, deteriorating buildings. Mr. Harrison stated that the current ordinances are not being enforced by the City. Margaret Pellerin, 2950 Pilot Knob Road, endorsed the implementation of a new property maintenance ordinance and felt the City should adopt an ordinance similar to other cities. Mayor Egan outlined the major issues as being property maintenance, including buildings and grounds, automobile sales, and the parking of inoperable vehicles. Councilmember Wachter thanked the residents for bringing this matter to the attention of the City Council and added that there should be an ordinance to regulate these violations. Councilmember Blomquist requested that a new ordinance should be given consideration expeditiously. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 2 OC201 Mayor Egan moved, Councilmember Wachter seconded a motion to direct the preparation of a draft ordinance to regulate building and property maintenance, including other code enforcement provisions. Aye: 5 Nay: 0 Marge Tilley, 1055 Wescott Road, inquired about the no parking resolution being considered on the consent agenda for Wescott Road. Mayor Egan explained that the item would be discussed under the consent agenda. Dick Vitelli, West S1. Paul City Councilmember, requested to discuss Personnel Item No.7, Electrical Inspections. Mayor Egan stated that the item would be discussed under the consent agenda. DEP ARTMENTlIEAD BUSINESS RECOMMENDATION, AIRPORT RELATIONS COMMISSION, NORTHWEST AIRLINES' REQUEST, RUNWAY EXTENSION FOR INTERNATIONAL OPERATIONS City Administrator Hedges provided an overview on this item. Councilmember Blomquist requested that a clarification be made to the recommendation that all airlines, not just Northwest Airlines, should do what they can through MASAC and pilot training to reduce excursions from the Eagan- Mendota Heights Corridor. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a recommendation by the Airport Relations Commission regarding Northwest Airlines' request for runway extension for international operations. Aye: 5 Nay: 0 CONSENT AGENDA In regard to Item 7 under Personnel Items, Mayor Egan noted that it would be considered as Item D under Old Business. In regard to Item E, Wescott Road, approve no parking resolution (Pilot Knob Road to TH 149), Mayor Egan noted that it would be considered as Item E under Old Business. In regard to Item B, Resignation, Airport Relations Commission, Mayor Egan noted that Joe Harrision will be missed and he thanked him for his service. Councilmember Blomquist stated she would like to see the City Council send a letter of commendation to Mr. Harrison for all the work he has done and for all his years of service. In regard to Item C, Contract 97-06, receive bids/ award contract (Misc. Street Overlay), Councilmember Blomquist asked if the projects were being considered as one bid or whether the bid could be awarded based on individual project amounts. Director of Public Works Colbert stated that the contract was being awarded based on the lowest total cost of all the projects combined and not on individual projects. In regard to Item D, Contract 97-01B, receive bids/ award contract (Emergency Vehicle Pre- emption - Signal Equipment), Councilmember Blomquist questioned why so much information was unavailable on the bid tabulation and noted that there was only one bidder on the contract. Mayor Egan said that no feasibility report was prepared for this contract and he added that there were five plan holders, but only one chose to submit a formal bid. He noted that the total bid was 33% lower than the engineer's estimate. In regard to Item S, Ordinance Amendment, Sec. 2.52, changing title of Advisory Parks, Recreation, and Natural Resources Commission to Advisory Parks Commission, Councilmember Masin stated that the City Council did not get the staff's nor the Advisory Parks, Recreation, and Natural EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 3 Of 2C'2 Resources Commission's input on the title change. Councilmember Awada said that the City Council was requested by the APRNRC to change the name and the acronym should not be the same as the Advisory Planning Commission (APC). Discussion occurred regarding the appropriate acronym. It was decided that the official name of the commission should be Advisory Parks Commission (APrC). A. Personnel Items Item 1. It was recommended to approve the hiring of Andrew Beecher, Gabriel Doring, Rachel Forde, Jim Halloran, Lisa Heine, Nicole Hughes, Ruth Hutchins, Katie Jensen, Heather KattIeman, Courtney Kjos, Rachel Kunz, Brandee Kuzel, Erin Kuzel, Jessica Lentsch, Quentin Mitchell, Kim Moen, Sara Rodman, Julie Russomanno, Sarah Schmidt, Kelly-Jo Tepfer, and Jason VanOverbeke as seasonal Recreation Assistants. Item 2. It was recommended to approve the hiring of Julie Beecher, Rachel Coulter, Nicole Dardis, Heather Kjos, Kimberly Larson, and Stephanie Toussaint as seasonal Recreation Leaders. Item 3. It was recommended to approve the hiring of Judy Forde as a seasonal Preschool Program Instructor. Item 4. It was recommended to approve the hiring of Brendan O'Rourke and Anthony Sexton as seasonal Tennis Instructors. Item 5. It was recommended to approve the hiring of Carrie Gangl as a seasonal Utility Maintenance Worker. Item 6. It was recommended to approve the hiring of Kelly O'Connor as a seasonal Parks Maintenance Worker. Item 7. Resolution rescinding Ordinance No. 68 for establishing an Electrical Inspector and engaging the State of Minnesota to provide electrical inspection services for the City of Eagan effective July 1, 1997. (This item was considered as Item D under Old Business). B. Resignation, Airport Relations Commission. It was recommended to accept the resignation of Joe Harrison from the Airport Relations Commission and to appoint the current alternate, Michael Steenberg, to fill the remainder of Mr. Harrison's term. C. Contract 97-06, receive bids/ award contract (Misc. Street Overlay). It was recommended to receive the bids for Contract 97-06 (Miscellaneous Street Overlays), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. D. Contract 97-01B, receive bids/ award contract (Emergency Vehicle Pre-emption - Signal Equipment). It was recommended to receive the bids for Contract 97-01B (Emergency Vehicle Pre-emption - Signal Equipment), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. (Councilmember Blomquist opposed). E. Wescott Road, approve no parking resolution (Pilot Knob Road to TH 149). (This item was considered as Item E under Old Business). F. Kingswood Pond Rd. - approve resolution conveying public street over public property. It was recommended to approve a Resolution conveying a public street over public property for Kingswood Pond Road and authorize the Mayor and City Clerk to execute all related documents. 97-44.A G. Project 722, authorize feasibility report, plans and specs (Murphy Pkwy. - Trunk Watermain). It was recommended to authorize the feasibility report and detailed plans and specifications for Project 722 (Murphy Parkway - Trunk Watermain). EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 4 OC203 H. Amusement Device license renewals. It was recommended to approve the license renewals for the amusement device licensees as attached in Exhibit A. I. Service Station license renewals. It was recommended to approve the license renewals for service stations as attached in Exhibit B. J. Approval of purchase agreement, Hwy. 55 Redevelopment District, 815 Lone Oak Road - Arnold Buecksler property. It was recommended to approve a purchase agreement for the Arnold Buecksler property located at 815 Lone Oak Road for all purposes of removal and redevelopment as a part of the Eagan Business Commons Project within the Highway 55 Redevelopment District. K. Preliminary & Final Planned Development & Final Subdivision - Education Alternatives, Inc. for Tesseract School. It was recommended to approve a Final Subdivision for Tesseract Addition for 1 lot 97.44.M and 1 outlot on 12 acres, located south of Silver Bell Road and north of Highway 13 in the NE 1/4 of Section 19 and to approve the Preliminary and Final Planned Development for Tesseract Addition for one lot for the expansion of Tesseract School, located south of Silver Bell Road, north of Highway 13, and east of Tesseract Place in the NE 1/4 of Section 19. L. Approve 7-1-97 to 7-1-98 General Insurance Renewal. It was recommended to approve the general insurance renewal for 7-1-97 to 7-1-98. M. Approve correction to the May 19,1997 City Council minutes. It was recommended to approve a correction to the May 19th City Council minutes by removing Condition #3 of Minneagan Real Estate Company - UPS 2nd Addition. N. Contract 97-01, approve County agreement (Emergency Vehicle Pre-emption Signals). It was recommended to approve Dakota County Agreement #97-05 to City Contract-97-01 (Emergency Vehicle Pre-emption - Signal Modifications) and authorize the Mayor and City Clerk to execute all related documents. O. Vacate utility easements, receive petition/ order public hearing (Lots 4,5, Block 3, Eagandale Corporate Center). It was recommended to receive a petition to vacate a common lot line utility & drainage easement over Lots 4 & 5, Block 3, Eagandale Corporate Center and schedule a public hearing to be held on July 15, 1997. P. Contract 96-01, approve Change Order #4 (Eagan dale Corporate Center). It was recommended to approve Change Order #4 for Contract 96-01 (Eagandale Corporate Center - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. Q. Project 719, approve County agreement, (Diffley Rd. & Rahn Rd. - Signal Study). It was recommended to approve an agreement with Dakota County for Project 719 (Diffley Road & Rahn Road- Signal Study) for preliminary engineering and design services and authorize the Mayor and City Clerk to execute all related documents. R. On-Sale Liquor license - Wheatstone Restaurant Group, LLC dba Houlihan's, 1294 Promenade Place. It was recommended to approve an on-sale liquor license for Wheatstone Restaurant Group LLC dba Houlihan's to be located at the Promenade restaurant cluster at 124 Promenade Place. S. Ordinance Amendment, Sec. 2.52, changing title of Advisory Parks, Recreation, and Natural Resources Commission to Advisory Parks Commission. It was recommended to approve an amendment to City Code, Section 2.52, changing the title of the Advisory Parks, Recreation, and Natural Resources Commission to Advisory Parks Commission (APrC). T. Premises Permit Renewal Application, Eagan Hockey Association. It was recommended to approve a 97-44.1 resolution renewing the charitable gambling premises permit for the Eagan Hockey Association for pull- tab operations at the Cherokee Sirloin Room at 4625 Nicols Road. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGES 0<.'204 U. Vacate ponding easement, receive petition/ order public hearing (Lot 3, Block 1, Tara Court). It was recommended to receive a petition to vacate a ponding easement over a portion of Lot 3, Block 1, Tara Court, as described and schedule a public hearing to be held on July 15, 1997. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS V ACATE UTILITY EASEMENT, MICHAEL SILL 1ST ADD. (TESSERACT SCHOOL) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to close the public hearing and approve the vacation of the utility easement as described over Lot 1, Block 1, Michael R. Sill 1st Addition (Tesseract School) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 709R, APPROVE PRELIMINARY DESIGN LAYOUT (TH 13 - SUPER 2-LANE AND BLACKHAWK SIGNAL) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Masin asked if MnDOT would ever consider a 4-lane design. Colbert explained that MnDOT proposes to turn back TH 13 to Dakota County within 20 years. He added that TH 13 is not in any of MnDOT's long-range capital improvement programs for expansion or improvement beyond preservation of rideability. Councilmember Wachter asked if MnDOT carries over any of the surplus funds from their budget to the next year and if any excess funds from 1996 were carried over. Director of Public Works Colbert explained that if there were any excess funds they probably have already been used since MnDOT is on a fiscal year which begins July 1. He added that if there are excess funds available MnDOT will accelerate a project programmed for the next fiscal year. Councilmember Wachter stated that it would be fiscally prudent for the City Council to do this project in 1999 in order to take advantage of the 1998 budget. He asked if the County will be participating in the cost of this project. Colbert said that the County will not expend any funds for the improvement because it is not a County road at this time. Mayor Egan opened the public hearing to anyone wishing to speak. Otis Trujillo, owner of LaFonda's - 3665 Highway 13, stated he was opposed to the median that would cut off their business and affect revenues. He added that he was not opposed to growth or the signalization. Director of Public Works Colbert stated that MnDOT indicated that in order for them to provide the funds for the signalization full access to Shawnee Road and Yankee Drive must be eliminated and access restricted to right-in/right-out movement only. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Awada asked what it would cost to construct a 4-lane roadway from Silver Bell to Yankee Doodle. Jim Dvorak, Short-Elliott-Hendrickson, stated that it would cost approximately $800,000 more. Mayor Egan stated that he appreciated Mr. Trujillo's comment and he said that the City did not initiate this project, but rather the property owners and businesses along TH 13 requested it because of the unsafe conditions that currently exist. He noted that the City Council needs to do something to create a safe roadway design. Councilmember Wachter added that he attended many of the meetings held by EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 6 OC205 the local businesses along TH 13 and everyone preferred a 4-lane but the need to create a safe roadway is necessary now and cannot be put off for another 20 years. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the public hearing and approve a preliminary design layout for Project 709R and authorize staff to pursue all available funding options and required agreements with MnDOT. Aye: 5 Nay: 0 OLD BUSINESS REZONING - CITY OF EAGAN PRELIMINARY SUBDIVISION & VARIANCE - MAPLEWOOD ACRES (EAGANDALE CORPORATE CENTER NO.2) The rezoning request by the City of Eagan, the preliminary subdivision and variance request by Maplewood Acres were considered together. City Administrator Hedges provided an overview. Senior Planner Ridley gave a staff report. Jack Hoeschler, attorney representing Maplewood Acres, raised a concern about the cumbersome process of moving lot lines, especially if there are two separate zonings involved. He said that this creates a significant impediment with respect to the interior lots. Councilmember Awada asked if it would be possible to change the zoning according to the lot lines. Senior Planner Ridley explained the potential impediment that could be created if a buyer needs to purchase more property, which could create the need for a rezoning. Mayor Egan stated that the City Council wants to create a positive image along Yankee Doodle Road and are not trying to create impediments. He said he would be willing to waive rezoning fees and expedite the process for a rezoning if possible. Mr. Hoeschler noted that they would not resist the rezoning of the perimeter lots, but they want to ensure they will have the ability to move the interior lot lines without considerable delay. Councilmember A wada asked if it would be necessary for the Advisory Planning Commission to hold a public hearing for a rezoning due to a change in the lot lines. City Attorney Sheldon stated that the City Council could choose to hold the public hearing instead of the APC, but they would need to amend the ordinance that requires the APC to hold a public hearing. Mr. Hoeschler asked if a replat request to move an interior lot line could be considered on the consent agenda. After consulting with Senior Planner Ridley, City Attorney Sheldon said that a replat could be done without holding a public hearing, but a rezoning would require a public hearing. Councilmember Blomquist stated that requests for lot line changes are common occurrences and it is necessary for everyone to follow the same process, but she added that the City Council deals with these matters expeditiously. Councilmember Wachter asked about extending the cul-de-sac of Challenger Circle to the east. Mr. Hoeschler explained that neither Maplewood Acres nor the City owns the property that would be necessary to provide that access. He said they are working on a variation to their plan that would achieve that access and he further said they may need the City's support in acquiring the property from Stock Lumber. Councilmember Awada said she wants to see the interior lots zoned to Business Park. Mayor Egan stated he does not see any reason to deny a reasonable lot adjustment or a rezoning of that portion of a lot that may need to be adjusted. Councilmember Masin asked if signs had been posted on the property and notices sent to neighbors informing them of the proposed rezoning. Senior Planner Ridley stated that signs were posted, many notices were sent, representatives of Maplewood Acres met with the residents of the Carriage Hills EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 7 00206 Homeowners Association and a petition was received from those residents in support of the Business Park rezoning. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Rezoning of approximately 80 acres from Limited Industrial (I-I) to Business Park (BP) for property located east of Lexington Avenue and north of Yankee Doodle Road (Eagandale Corporate Center). Tim Kuehn, representing Skyline Displays, stated they are proposing to develop a 300,000 square foot corporate campus in the northeast corner of Lexington and Yankee Doodle and they want to reach an understanding that this rezoning will not affect them adversely. Mayor Egan explained that this zoning classification will help them. Mr. Hoeschler stated that the sale of the land by Maplewood Acres to Skyline Displays may result in a plat with two separate zonings and he 'asked if this would cause a delay because of the need for a rezoning. City Attorney Sheldon stated that a preliminary plat approval determines the lot line for one year. He added that during the process of the purchase agreement a new lot line could be established and changes presented at the time of final plat and a rezoning could also be requested at that time. Councilmember Masin clarified that she was opposed to approving this request because there are only a few large pieces of land left in Eagan and she feels it is incumbent upon the City Council to consider these properties for possible City facilities. She said she was happy that Skyline Displays is developing in Eagan. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed) Mr. Hoeschler stated that with respect to the preliminary plat they object strongly to staff's recommendation that if there is a trucking use in the southern 80 acres access to Yankee Doodle Road should be restricted. Director of Public Works Colbert stated that there was no need for restricting access since the approved rezoning was changed from Limited Industrial to Business Park. Councilmember Wachter asked if there is a secondary access on the south to Yankee Doodle Road. Director of Public Works Colbert stated they would like to support and work with the applicant to try and obtain the secondary access by the Stock Lumber driveway. Mr. Hoeschler wanted to ensure that if they come back with a plan to construct a road to the east it would not be necessary for them to go through the preliminary discussion again. Mayor Egan stated that could be accomplished between the preliminary and final plat. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision consisting of 12 lots on approximately 110 acres located north of Yankee Doodle Road and east of Lexington Avenue in the SW 114 of Section 11 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B2, B3, B4, C1, C2, C3, C4, D1, El, F1, Gl, H1. 2. The property shall be platted. 3. Storm drainage runoff from Pond EP-2.3 in the southeast corner of the site shall be restricted to 5 cubic feet per second(cfs). 4. The developer shall be responsible for the removal of all wells and septic systems in accordance with County and City standards. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGES 00207 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City ErosionlSediment Control standards. 6. Tree preservation mitigation shall be met through the implementation of perimeter plantings (staff will work with the applicant to determine final tree mitigation amounts) along Yankee Doodle Road and around pond areas in accordance with the proposed phasing as described below: Phase I: Tree spading transplanting of material from within proposed grading areas of the site to areas outside of future grade limits (April/May 1997) Phase II: Additional tree spade transplanting of material from within the site plus purchased landscape material installation (October 1997) Phase III: The installation of purchased trees and shrubs (April/May 1998) 7. 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 treeslwoodlands to be preserved. 8. 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. 9. Pond EP-2.6 (constructed detention basin) and Pond EP-2.5 (existing wetland) must provide a minimum of 2 AF of additional wet volume in total to achieve acceptable treatment of storm water. The minimum mean depth of Pond EP-2.6 must be 3 feet. The increase in wet volume in the existing wetland must be accomplished by excavation in the northern two-thirds of the wetland. 10. Pond EP-2.7 (constructed detention basin) and Pond EP-2.4 (existing wetland) must provide a minimum of 3 AF of additional wet volume in total to achieve acceptable treatment of storm water. The minimum mean depth of Pond EP-2.7 must be 3 feet. The increase in wet volume in the existing wetland must be accomplished by excavation in the southeastern two-thirds of the wetland. 11. Skimmers should be placed on the outlets of Ponds EP-2.6 and EP-2.7. 12. The developer is required to notify and secure approval from the Corps of Engineers regarding the Nationwide 26 wetland permit, since the original application for the site did not include proposals for wetland excavation. 13. No grading should be allowed within 30 feet of the delineated edge of the wetland associated with Pond DP-11, except for 450 lineal feet along the south end of the basin to allow for road and detention basinl replacement wetland construction. A 30-foot wide undisturbed buffer shall also be preserved around the wetlands associated with Ponds EP-2.4 and EP-2.5. Buffers shall be marked on all grading plans. 14. Construction of Ponds DP-11.3 and DP-11.2 should be constructed to satisfy requirements for wetland mitigation as per the approved wetland replacement plan for this site. Aye: 4 Nay: 1 (Councilmember Masin opposed) Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Variance to the 100-foot buffer setback requirement to allow building setback of 50 feet and EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 9 00208 parkingl drive aisle setback of 30 feet from the County roads. Aye: 4 Nay: 1 (Councilmember Masin opposed) Mayor Egan stated that the City Council is granting a variance in order to create performance standards and provide a better buffer. Councilmember Blomquist said that the City Council did a brave thing with regard to downzoning this property. LOCAL TRANSIT TAX LEVY OPTIONS City Administrator Hedges provided an overview on this item. Councilmember Wachter asked what the impact will be on the MVT A's budget since the City of Rosemount has chosen not to levy the transit tax. Councilmember Masin stated that some concern was expressed that the cities would not get all of the transit tax if the Metropolitan Council collected the levy; however, she said the Metropolitan Council has the authority to take any portion they want. 97-45 Councilmember Awada moved, Councilmember Masin seconded a motion to approve the local transit tax levy option for taxes payable in 1998. Aye: 5 Nay: 0 PERSONNEL ITEM NO.7 - ELECTRICAL INSPECTIONS (This item was pulled from the consent agenda for discussion) 97-46 City Administrator Hedges provided an overview on this item and commented that Councilmember Wachter was consulted and it was also his recommendation that the State should conduct the City's electrical inspections. Chief Building Official Reid noted that if the State conducts the electrical inspections there will be no charge to the City and he added that the City will no longer receive any revenue from the issuance of the electrical permits. Hedges added that the revenue received by the City does not exceed the expenses incurred. Reid indicated that all of the issues have been addressed. Dick Vitelli, West St. Paul City Councilmember and Assistant Business Manager for the IBW Union in St. Paul, stated that he was instrumental in helping Rick Bradley obtain the electrical contracts in the cities of West St. Paul and South St. Paul. He added that West St. Paul and South St. Paul do not have the luxury of all the raw land and development as does the City of Eagan and for them to retain any portion of the electrical inspection fee he has a vested interest in the City of Eagan retaining Mr. Bradley because the income generated from Eagan allows him to continue to inspect for West St. Paul. He further added that if the City of Eagan contracts with the State the City will not receive any revenue. He noted that with levy limits coming in from the legislature every bit of revenue helps. He stated that Mr. Bradley had expressed an interest in negotiating the 80/20% split of the electrical permit fees. He went on to say that the State Board of Electricity will enforce the National Electrical Code and will follow the State Board of Electricity rules the same as Mr. Bradley does. He said that he understood some complaints were received by some electrical contractors about permit fees being too high in Eagan. He indicated that the permit fees charged by Eagan are the same in West St. Paul and South St. Paul and are lower than the fees charged by the cities of St. Paul and Minneapolis. He urged the Council to reconsider this issue since it is a source of revenue for the City. Rick Bradley, temporary Electrical Inspector for the City of Eagan, stated he was not consulted or informed during the process the City was determining who should conduct the electrical inspections for the City. He said he would have liked to have been consulted and given the opportunity to negotiate. He indicated that he is required by the City to carry $2 million of liability insurance on completed operations. He said he has a large number of jobs that are close to completion or in some other stage. He noted that there is an 18-month period from the time the permit is issued until work must be completed. He stated there would be no difficulty coordinating the work with a new inspector and he was informed tqat all of the permits as of July 1 would be turned over to the new inspector with him receiving a percentage of the work that had been completed at that point. He explained that this process was not discussed with him until yesterday regarding what will be done with the outstanding permits. He stated that he only has seven days to determine the status of each of the properties with regard to the 1,000 outstanding permits. He asked if the new state contractor will be required to carry the same individual liability insurance EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 10 0(' 2'::>9 L' t\.~~. protecting the City that he presently carries. He requested the City Council either allow him to finish the permits he started and has insurance on or require the new contractor to maintain the same requirements that were expected of him. He stated that he was willing to offer substantial concessions to the City with regard to his contract which would provide approximately $60,000 of revenue to the City. He commented that he did not think the State inspector would be able to meet the same inspection schedule he is able to maintain. Mayor Egan suggested that this issue be negotiated in a more dignified forum. Councilmember Wachter commented that economics is only one of the contributing factors in making this decision. He added that Mr. Bradley only had a six-month contract and the City Council does have the right to terminate the contract. He did not change his initial recommendation that the City of Eagan should contract for electrical inspections with the State. Chief Building Official Reid stated that he did not change his opinion either. Councilmember Awada moved, Mayor Egan seconded a motion to approve a resolution rescinding Ordinance No. 68 for establishing an Electrical Inspector and to approve engaging the State of Minnesota to provide electrical inspection services for the City of Eagan effective July 1, 1997. Aye: 5 Nay: 0 WESCOTT ROAD - NO PARKING RESOLUTION (PILOT KNOB ROAD TO TH 149) (This item was pulled from the consent agenda for discussion) 97-47 City Administrator Hedges provided an overview on this item. Councilmember Blomquist raised the concern about the impact to the residents. Director of Public Works Colbert explained that when Wescott Road was constructed there should have been a resolution restricting on-street parking, but due to an oversight no resolution was passed. He stated that MnDOT requires this resolution be approved in order for them to provide additional funding. Councilmember Wachter said that a four-lane community collector street does not provide any room for on-street parking. He added that he has never seen Wescott being utilized for on-street parking. Councilmember Blomquist agreed but stated that it is not fair to change this designation without first bringing it to the attention of the residents. Michael Vincent, 3786 Windtree Drive, stated that it is a good idea to approve this resolution because without it a safety hazard exists due to people assuming they can park on the street. Marge Tilley, 1055 Wescott Road, explained that their concern is that they do not want the street to be upgraded for the purposes of increasing the speed limit or adding signalization. Director of Public Works Colbert clarified that there will be no change to the speed limit or signalization but rather the policy will ensure that the City receives the necessary funding from MnDOT to do an overlay. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Resolution restricting on-street parking on Wescott Road from Pilot Knob Road to TH 149 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS GRADING PERMIT, REQUEST FOR WAIVER FROM CERTAIN REQUIREMENTS, CAPONI ART PARK (ANTHONY CAPONI) City Administrator Hedges provided an overview on this item. Mayor Egan asked for clarification on the deviations being requested from the grading permit. Director of Public Works Colbert explained that staff has not received an application yet; therefore, nothing has been reviewed and approved. He added that staff is looking for direction as to what the City Council will be requiring. Councilmember A wada asked if the City needs to require an application. City Attorney Sheldon indicated that the City Council can take whatever action they feel is appropriate. Colbert further EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 11 OC210 explained that since Mr. Caponi brought in the grading plans absence a grading permit application, the plans were only briefly reviewed and appeared to contain most of the information. Mayor Egan said that the City Council should make the determination as to whether Mr. Caponi's failure to acquire a grading permit was inadvertent and, if the decision is made that it was inadvertent, the City Council should determine what to charge him. City Administrator Hedges stated that Mr. Caponi has been under the impression that the City Council was aware of the improvements he has been making Mayor Egan stated that he has never been by Mr. Caponi's property without seeing at least 1,000 yards of fill a day being moved. He said he did not feel it would be appropriate to require Mr. Caponi to pay a penalty, but rather he should pay whatever is reasonable for the staff's involvement. He further said that he believes Mr. Caponi learned from this mistake. He commented on the trail of debris that was left on Diffley Road and asked about the charge incurred for the clean up cost. Tony Caponi stated that most of the City Council was aware of what he was doing and that he was trying to correct what happened to his property as a result of the widening of Diffley Road. He added that he is trying to do something good for the community. He noted that he received the dirtl clay from a licensed contractor and the contractor caused the mess by hauling the dirt during the rain. City Administrator Hedges commented that with regard to an approved subdivision a grading permit is typically issued by staff administratively. He noted that since no approved subdivision is involved in this case a grading permit by Council action is required. He added that staff suggest~d Mr. Caponi apply for a grading permit because the amount of fill to be moved to construct the parking lot will exceed the specified limits. He said that Mr. Caponi had requested three waivers at the time of the concept review with the City staff, which is what the City Council is being asked to consider before proceeding with the grading permit process. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a request for waiver from a grading permit for Anthony Caponi for the Caponi Art Park for the following: 1) The requirement for a beginning and ending date; 2) Requirement for the usual fees; and 3) The requirement for a financial guarantee or an abstractor's list of property owners Aye: 3 Nay: 2 (Councilmembers Wachter and Blomquist opposed) Councilmember Wachter told Mr. Caponi he should be thinking about the fact that at some time in the future sewer and water will need to be installed in order to accommodate the public. FOOTINGjFOUNDATION PERMIT, ROSEVILLE PROPERTIES (EAGAN BUSINESS COMMONS) Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Footing/Foundation permit for Roseville Properties to allow footing/ foundation construction to commence on a warehouse on Lot 2, Block 1, of the proposed Eagan Business Commons subdivision prior to final subdivision approval. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION & VARIANCE - GREGORY & VALERIE RATHMAN (GVR ACRES) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision, including Variances to certain provisions of the Shoreland Ordinance and EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 12 OC211 Subdivision Code, consisting of ten lots on 15.2 acres for property located at 3760 Blackhawk Road in the SE 114 of Section 17 subject to the following conditions: General Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: AI, Bl, B2, B4, Cl, C2, C3, Dl, E1, Fl, Gl, and HI. 2. The property shall be platted. 3. The final subdivision shall not be approved until the existing barn on proposed Lot 3 is removed. 4. The Rathman Acres Preliminary Subdivision, approved by the Council March 18, 1997, shall be withdrawn prior to final subdivision approval. 5. All applicable R-l and Shoreland District zoning standards shall be met including setbacks and maximum building and impervious surface coverage. Grading/Storm Drainage 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. 7. The developer shall ensure that grading for this development maintains current drainage patterns of backyard areas of adjacent lots on Riverton Avenue toward Blackhawk Lake. Water Quality / Wetlands 8. Water quality mitigation shall be satisfied through a cash dedication based on the area of the development excluding the already developed lot (Lot 4). Streets / Access / Circulation 9. The developer shall be responsible for revising the existing roadway striping on Blackhawk Road to accommodate the proposed Skater Circle intersection. 10. Detailed plans and specifications for the construction of all retaining walls shall be submitted for review at the time of final plat approval. 11. The private driveway width shall be a minimum of 26 feet face-to-face with concrete curb and gutter and bituminous surfacing. An easement document shall be filed with Dakota County which shall provide that there will be no change in the drive without City Council approval. Easements/Rights of Way /Permits 12. 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-l.2. The easement shall be subject to review of the City Attorney. 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 recorded with the plat. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 13 OC212 Tree Preservation 13. Tree Protective Measures shall be installed at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant treeslwoodlands to be preserved. 14. The developer 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. 15. Individual Lot Tree Preservation Plans shall be submitted at the time of building permit application for Lots 3 and 5 - 10. Parks and Recreation 16. Parks and trails dedication shall be fulfilled through a cash dedication for Lots 1 - 3 and 5-10. 17. Per staff, trees and landscaping shall be planted south of the drive to act as a buffer between the drive and the houses on Riverton. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION & VARIANCE - OPUS NORTHWEST, LLC (LEXINGTON COMMERCE CENTER) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Rezoning of 2.7 acres from Agriculture to I-I, Limited Industrial for Parcel No. 10-01100-010-25. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember A wada seconded a motion to approve a Preliminary Plat for Lexington Commerce Center in order to combine Lots 1-5, Block 5, Eagandale Center Industrial Park No.3 and Parcel No. 10-01100-010-25 into one lot (6.69 acres), and Lot 1, Block 1, Lexington Commerce Center, located in the SE intersection of Lone Oak Road and Lexington Avenue in the NW 114 of Section 11 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: A1, Bl, B2, B3, B4, Cl, C2, C4, Dl, E1, Fl,Gl, & H1 Tree Preservation 2. The developer shall install 42 Category A trees or 84 Category B trees or 168 Category C trees as mitigation for the significant tree and woodland removal in excess of allowable limits . 3. The developer shall follow Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees I woodlands to be preserved. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 14 0(;213 Water Quality 4. The developer 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. 5. The developer shall meet the water quality treatment requirements primarily through on- site ponding. A supplemental cash dedication should be required to meet any shortfall in on-site ponding. Park Dedication 6. The developer shall be subject to a cash parks dedication. 7. The developer shall be subject to a cash trail dedication that shall be satisfied through the construction of the trail along Lexington and Lone Oak Road. Easements 8. The developer shall obtain grading easements from adjacent properties for any grading which extends beyond the limits of this property (proposed Lot 1, Block 1, Eagandale Center Industrial Park No. 13). 9. The developer shall obtain private ingressl egress easement from Parcel 010-28 for the proposed entrance from Lexington Avenue prior to final plat approval. 10. The developer shall obtain adequate drainage and ponding easement for the proposed storm water basin in the southeast corner of the development from the adjacent property, Parcel 010-28. This easement shall incorporate the calculated high water level on the storm basin plus three feet. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the 40' Variance to the 100-foot building setback when a Limited Industrial district abuts an Agricultural zoning district. Aye: 5 Nay: 0 Michelle Foster, representing OPUS Corporation, stated that she would provide the City Council with a list of the tenants that will be located in the Promenade Shoppes. LEGISLATIVf/INTERGOVERNMENTALAf'FAIRS City Administrator Hedges commented that he and two members of the City Council attended the League of Minnesota Cities Conference in St. Cloud last week. He asked if any member of the City Council is interested in serving on any of the AMM Policy Committees. He noted that Councilmember Masin has expressed an interest in serving on the Local Government Advisory Council. Councilmember Blomquist stated that if any member of the City Council chooses to serve on a committee they should bring back all policy matters for the approval of the entire City Council. Mayor Egan mentioned the upcoming NOISE Conference and requested that if anyone from the public is interested in attending they should contact the Administration Office for information. Councilmember Blomquist asked why the sign advertising rooms for rent is still located at 3160 Pilot Knob Road. Senior Planner Ridley said that staff contacted the property owner and explained the City Code and were assured by the property owner that they will not exceed the allowable number of EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE IS 0('214 renters. Councilmember Blomquist stated she was still concerned about the sign. Ridley said that rental signs are allowed in residential zones. Councilmember Blomquist requested staff check the language of the Sign Ordinance. Councilmember Wachter commented about another sign in the City. Ridley stated that he would check into the matter. ADMINISTRATIVE AGENDA ALDRIN DRIVE RAILROAD CROSSING Director of Public Works Colbert provided a brief overview on this item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Resolution requesting and designating a public street railroad crossing for Aldrin Drive and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 97-48 VISITORS TO BE HEARD Michael Vincent, 3786 Wind tree Drive, stated that he talked to 268 residents who live in the area of the Dart property. He noted that everyone was in favor of efforts to reduce industrial type uses. He said the residents were interested in finding out if the City will be considering the potential for parkland at that site and any other plans for the area. ROUNDTABLE City Administrator Hedges noted that Communications Coordinator Joanna Foote has been working on the cable programming and it is now operable with the exception of a few refinements that have to be made. He added that staff will be meeting with the City of Burnsville to explore some collaboration between the two Communication Coordinators on ways to foster more cable programming. He mentioned that it may not be necessary to have a Special City Council meeting on July 1 and he asked for flexibility in determining whether or not to have one. He commented that the agenda for the June 24 Special City Council meeting is rather light so the meeting would not need to begin at 5:00 p.m. He said that the City Council will probably begin to see more complaints regarding the general maintenance of residential properties and he suggested this be discussed at a future work session. Councilmember Wachter commented on the update from Short-Elliott-Hendrickson regarding the sewer and water rate studies and he suggested adopting some of the processes they suggest. He mentioned that individuals who were serving for the City in the 1960's were at the last Historical Society meeting and he said the interviews it will be shown on cable at a later date. Councilmember Awada commented on the Eagan Business News newsletter and stated it was well done and should be distributed in more places. She also commented about the story in the newsletter which states that Eagan's sewer rates are among the lowest in the area. City Administrator Hedges noted that the publication was distributed to 1,700 Eagan businesses. Councilmember Blomquist asked what the City's cost is for the newsletter. Councilmember Wachter suggested the Lone Oak Tree logo be added to the newsletter. Councilmember Masin stated that she would be circulating copies of handouts she received at the LMC Conference. She mentioned that she attended a luncheon at the Royal Cliff and saw a demonstration of the Cairns IRIS thermal imaging system. She suggested that the City Council might want to consider giving money to the Fire Department for the purchase of one. Councilmember Wachter agreed. Councilmember Blomquist stated that the Public Works Committee recommended offering residents along Blackhawk Road seed to re-establish turf grass in the boulevard area. Discussion occurred regarding the reason for the deteriorating condition of the sod. Councilmember Blomquist said EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17, 1997 PAGE 16 Ot215 that if giving seed to the residents is not sufficient the issue may need to be re-addressed. Councilmember Wachter said that they should be given enough seed to provide adequate coverage. Councilmember Blomquist presented some questions on the bill's list to City Administrator Hedges. She asked if any member of the City Council would be attending the reception for School District 191 Superintendent Jim Rickabaugh and the Eagan Hockey Boosters event. Councilmember Masin indicated she would be attending the reception for Superintendent Rickabaugh. Mayor Egan and City Administrator Hedges stated they would be attending the Eagan Hockey Boosters event. Director of Public Works Colbert provided a brief update on the oddleven sprinkling restriction. He said that adequate water supplies have been maintained. He stated that 564 notification tags were issued during the past two weeks. He gave credit to the Utility Department for their efforts and added that the community's support is needed as well. Mayor Egan commended Superintendent of Utilities Wayne Schwanz and the Utility Department employees. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated June 12, 1997 in the amount of $1,282,381.27. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:00 p.m. to an Executive Session. Present were Mayor Egan; and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges and City Attorney Jim Sheldon. June 17, 1997 'it ~O~ Date ~iY Clerk 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 SSl22, (612) 681-4600, (TDD phone: (612) 454-8S3S). 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. 1997-1998 AMUSEMENT DEVICE LICENSE RENEWALS 1. Advance Carter Company American Amusement 850 Decatur Avenue N. Minneapolis, MN 55427 2. Dahlco Music & Vending 296 N. Pascal Street St. Paul, MN 55104 3. Gary Starks 3125 Dodd Road Eagan, MN 55121 4. Awe Vending & Amusements 476 South Snelling Avenue Suite #2 St. Paul, MN 55105 5. CDL 12322 Business Park Blouevard N. Champlin, MN 55316 6. American Amusement Inc. 1416 Carroll Avenue St. Paul, MN 55104 7. Theisen Vending 3800 Nicollet Avenue Minneapolis, MN 55409 8. Mark Stubson P.o. Box 4015 Hopkins, MN 55343 #, EXI-llBIT "A" 0('216 1997-1998 SERVICE STATION LICENSE RENEWALS 1. Cedar Cliff Amoco 4600 Slater Road Eagan, MN 55122 2. Cedarva1e Texaco 3830 Sibley Memorial Highway Eagan, MN 55122 3. Duckwood 66 3575 Pilot Knob Road Eagan, MN 55122 4. Eagan E-Z Stop 4195 Nicols Road Eagan, MN 55122 5. Eagan Amoco 4205 Nicols Road Eagan, MN 55122 6. Oasis Market #518 3390 Coachman Road Eagan, MN 55123 7. Oasis Market #576 3150 Dodd Road Eagan, MN 55121 8. Oasis Market #594 1286 Lone Oak Road Eagan, MN 55121 9. Oasis Market #590 4250 Lexington Avenue Eagan, MN 55122 10. Holiday Stationstore #232 4595 Nicols Road Eagan, MN 55123 11. Holiday Stationstore 1247 3615 Pilot Knob Road Eagan, MN 55122 .., 12. Holiday Stationstore #68 1065 Diffley Road Eagan, MN 55122 EXHIBIT "B" oe217