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11/30/1998 - City Council Regular004JL MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 30,1998 A regular meeting of the Eagan City Council was held on Monday, November 30,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada and Masin. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Councilmember Awada moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 MINUTES OF THE NOVEMBER 17,1998 REGULAR MEETING Councilmember Masin requested that on page 7 the motion regarding the name selection for the Aquatic Facility be changed to reflect a 3:2 vote with Councilmembers Masin and Blomquist opposing. Mayor Egan requested that on page 5, in the second sentence of the first paragraph under 'Building Permit for Parkview Golf Course', the word abstract be changed to extract. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 Councilmember Blomquist arrived at 6:35 p.m. DEPARTMENT HEAD BUSINESS HOLZ FARM 1998 ANNUAL REPORT City Administrator Hedges provided an overview on this item. Michael Vincent, Chair of the Friends of the Farm, provided an update on the building projects that were completed at Holz Farm in 1998 and thanked the City Council for the infusion of City funds from a dedicated cellular tower revenue account. Councilmember Wachter asked about proposed activities for 1999. Mr. Vincent stated that each year the Board reviews what activities the community has been receptive to and makes a determination regarding what activities will be offered the following year based on that information. Director of Parks and Recreation Vraa provided an update on the construction of the Cascade Bay Aquatic Facility. He noted that the sale of season passes will begin tomorrow. Councilmember Masin asked about the concrete structure being built adjacent to the residents' homes and what buffering is proposed to be installed between the residents and the structure. Vraa stated that a mechanical building is being constructed in this area and that Landscape Architect/Park Planner C.J. Lilly and City Administrator Hedges have been working with the residents to develop a landscape plan. CONSENT AGENDA In regard to Item B, Amendment to Clean Water Partnership Grant - Fish Lake, Councilmember Masin inquired about the additional $100,000 that was awarded to the City but not used. Director of Parks and Recreation Vraa explained that the project cost was significantly less than anticipated and attempts are being made to utilize the remaining dollars for another project. Mayor Egan said he wanted to ensure that the additional money is not unnecessarily spent on projects that are not viable. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998 PAGE 2 00416 In regard to Item G, Request authorization to prepare ordinance amendments to Chapter 10 (Public Protection, Crimes and Offenses) and Chapter 4 (Construction Licensing, Permits and Regulation) of the City Code, Councilmember Blomquist asked who was doing the work on this item. City Administrator Hedges stated that staff will prepare most of the language and the City Attorney's office will finalize the language prior to publication. He added that action on this item should also include authorizing an ordinance amendment to update the Uniform Building Code to the 1997 edition. Councilmember Masin questioned what the City's liability will be if it assumes the responsibility for reviewing the plumbing plans for commercial and industrial buildings and if there will be any additional cost to the City. Chief Building Official Reid stated that there is no cost to the City to assume this responsibility, but it will help to shorten the plan review process and will benefit contractors. In regard to Item H, Change Order No. 2, Cascade Bay, Councilmember Masin stated that there has been a lot of change orders for this project and asked about the temporary nature of some of the deletions. Director of Parks and Recreation Vraa explained the reasons for the cost reductions and also discussed which items are permanently deleted from the project cost. Mayor Egan noted that although the overall cost is about $8,800 below the estimate he wants to ensure the budget is not exceeded. Vraa stated that $285,000 still remains in the contingency fund for unforeseen costs and the only bid left to award is for the entrance gate. He further stated that while there may be other additions and deletions there should not be any substantial changes to the cost. Councilmember Blomquist said she would like to have information on all previous and current change orders presented to the Council in one single document for comparison purposes. A. Personnel Items Item 1. It was recommended to approve the appointment of Craig Jensen as Fire Chief of the Eagan Volunteer Fire Department. Item 2. It was recommended to approve the hiring of Julie Kaufman-Boom as a part-time Clerical Technician III in the Fire Department. Item 3. It was recommended the hiring of Leah Taylor as a seasonal part-time concession worker in the civic arena. Item 4. It was recommended to accept the resignation of Patrol Officer Rodger Slater from the Eagan Police Department. Item 5. It was recommended to approve the collective bargaining agreement for years 1999 and 2000 between the City of Eagan and the Dispatcher Bargaining Unit. B. Amendment to Clean Water Partnership Grant - Fish Lake. It was recommended to approve and authorize the signature of an amendment to the previously approved Minnesota Clean Water Partnership Project Implementation Loan agreement for the Fish Lake Phase II Implementation Project. C. Approve senior citizen special assessment deferral request - Parcel 10-47751-110-02 (Project 733 McKee Addition - Street Improvements). It was recommended to approve a request for a senior citizen deferment of special assessments. D. 1999 Burnsville/Eagan Community Television access production class fees. It was recommended to approve the Burnsville/Eagan Community Television 1999 class fees as recommended by the Burnsville/ Eagan Telecommunications Commission. E. 1999 License renewals for trash haulers. It was recommended to approve the 1999 license renewals for trash haulers. 00417 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998 PAGE 3 F. Premises permit application for Eagan High School Football Booster Club to conduct a pull tab 98-97 operation at Al Baker's, 3434 Washington Drive. It was recommended to approve a resolution approving the charitable gambling premises permit for the Eagan High School Football Booster Club to conduct a pull-tab operation at Al Baker's located at 3434 Washington Drive. G. Request authorization to prepare ordinance amendments to Chapter 10 (Public Protection, Crimes and Offenses) and Chapter 4 (Construction Licensing, Permits and Regulation) of the Ci Code. It was recommended to direct staff to prepare ordinance amendments to Chapter 10 (Public Protection, Crimes and Offenses) and Chapter 4 (Construction, Licensing, Permits and Regulation) of the City Code. H. Change Order No. 2, Cascade Bay. It was recommended to approve Change Order 2 for Cascade Bay Aquatic Facility in the amount of $27,201.00. (Councilmember Blomquist abstained) Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1999 City Administrator Hedges gave a presentation on this item and thanked Finance Director VanOverbeke, Assistant Finance Director Pepper and all the department heads for their work on the budget document. Finance Director VanOverbeke further discussed the proposed budget and property tax levy. Councilmember Blomquist inquired about the increase to the Public Works budget and the Parks budget. City Administrator Hedges explained the increase in the Public Works budget is primarily due to expansion of the winter trail maintenance program. Finance Director VanOverbeke explained that the increase to the Parks budget is partly due to the financing of the Eagan Forever Green Program in 1999. Councilmember Blomquist suggested that the Council review this program on a quarterly basis and re- evaluate financial participation. Mayor Egan opened the public hearing to anyone wishing to speak. Resident Joe Barry commended the City Council for reducing the tax levy and tax capacity rate. He questioned why the education tax credit is not itemized on the Truth-in-Taxation statement, how the salaries and benefits for employees compare to other municipalities with similar populations and the transfer of Cable Franchise Fees to the Fire Administration construction budget. City Administrator Hedges and Finance Director VanOverbeke responded to his questions. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He commended City Administrator Hedges and Finance Director VanOverbeke for their efforts in making the budget presentation and budget document user-friendly for the City Council and audience. Councilmember Blomquist suggested that this item be continued to the December 15 City Council meeting to allow people who may be watching the budget discussion on cable an opportunity to provide feedback. Councilmember Blomquist moved, Councilmember Awada seconded a motion to continue the public hearing to December 15, 1998 City Council meetings. Aye: 5 Nay: 0 CEDARVALE SPECIAL SERVICE DISTRICT - 1999 BUDGET City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998 PAGE 4 Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. 00418 Councilmember Awada moved, Councilmember Masin seconded a motion to close the public hearing and set the levy and budget considerations for the December 15,1998 City Council meeting. Aye: 5 Nay: 0 PARK CENTER FIFTH ADDITION VACATION OF SIDEWALK EASEMENT 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 Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve the vacation of a sidewalk easement document number 1305774 within Lot 1, Block 1, Park Center Fifth Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE FIRST STREET PUBLIC RIGHTS-OF-WAY, MCKEE & MCKEE 3RD ADDITIONS 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 Masin moved, Councilmember Blomquist seconded a motion to close the public hearing and approve the vacation of attached described public right-of-way within McKee and McKee 3rd Additions reserving the rights for drainage and utility purposes and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENTS, KINGSWOOD POND 2ND ADDITION 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 Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the vacation of a public drainage and utility easement within Lot 1, Block 2, Kingswood Ponds Second Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS 1999 FEE SCHEDULE 98-98 City Administrator Hedges provided an overview on this item. Questions were raised about the increases to the parkland dedication fee and about the cost for bagging of "No Parking" signs. Finance Director VanOverbeke explained the rationale for the increase and the fee for bagging the signs. 00419 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998 PAGE 5 Councilmember Blomquist asked why there was such a big difference between pawn shop and adult use license fees. She suggested the adult use license fees should be increased. VanOverbeke stated that the adult use fees were established consistent with the fees for on-sale liquor license fees. He noted that pawn shop license fees are set higher because of the amount of record keeping that must be done by the Police Department. He further noted that the $12,000 fee may be high since electronic record keeping is now a Code requirement. Councilmember Masin inquired about the fee for hair and nail salon inspection. Councilmember Masin moved, Councilmember Awada seconded a motion to adopt a resolution approving the 1999 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 Councilmember Blomquist said she would like to further review certain areas of the fee schedule, in particular those fees relating to pawn shops and adult uses. Mayor Egan suggested that the Council review the fees on an item by item basis next year. INTERIM USE PERMIT - TRANSPORT CORPORATION OF AMERICA, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an Interim Use Permit to allow the outdoor storage of semi trailers as a principal use on Outlot A, Gopher Eagan Industrial Park 3rd Addition, located in the SW 1/4 of Section 21, south of Borchert Lane between Mike Collins Drive and the railroad subject to the following conditions: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The permit shall terminate three years following the date of issuance of the permit, or 30 days following notice to the applicant that the City has acquired ownership of the property, whichever occurs first. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. All storage shall be located on the northern portion of the property and contained within the existing gravel surfaced area. 5. The property shall be used for storage of semi trailers only. No more than 75 semi trailers shall be stored on the property at any one time. The applicant and owner shall secure the site and restrict access by the general public. Clean up and removal of any unauthorized dumping or deposit of materials on the site shall be the responsibility of the applicant Transport America, within thirty days of issuance of the permit. No vehicle maintenance activity shall be conducted on the property. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998 PAGE 6 00420 FINAL PLANNED DEVELOPMENT (REZONING) AND FINAL PLAT 98_99 TRANSPORT CORPORATION OF AMERICA City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Director of Public Works Colbert stated that MnDOT has not completed their review and staff is still waiting for their comments pertaining to the Highway 13 access and added that it has been difficult for staff to complete adequate traffic analysis given the short timeframe between the APC and City Council meetings. Mayor Egan said he was concerned about the lack of time for adequate analysis. Director of Public Works Colbert said that staff could attempt to complete a review by the December 15 City Council meeting. John Donnelly, Frauenshuh Companies, concurred with the overriding concerns of traffic and safety. He said they are supportive of additional review of the traffic issues and agreed to a continuance of this item to the December 15 City Council meeting. John Vogel, 3369 Heritage Lane, raised issues concerning rezoning, height and location of the building and traffic. Senior Planner Ridley responded to Mr. Vogel's concerns. Mayor Egan referenced a letter from the MPCA that stated the proposed development was the preferred way to encapsulate the fly ash deposit. He questioned staff regarding the tree removal. Senior Planner Ridley stated that the proposed tree mitigation plan is consistent with Code requirements. Councilmember Wachter suggested that the tree mitigation plan be changed to incorporate more hardy tree varieties. Several other area residents spoke about the rezoning, fly ash, compatibility of the use and traffic and parking. Councilmember Blomquist commented on the chemical composition of the fly ash and requested information regarding the developer's soil boring analysis. Deborah DeLuca, representing Braun Intertec, provided background information on how fly ash was handled by the MPCA in the early 1980's. She added that if the ash is excavated it will become airborne and the MPCA would prefer to have the ash encapsulated rather than disturbed. She provided a graphic depiction of the site showing the fly ash fill area and the locations of soil borings performed by th.developer. Councilmember Masin asked if there would be any contamination to the groundwater if the fly ash is encapsulated. Ms. DeLuca stated that the MPCA has indicated that leaving the fly ash uncapped will result in continued infiltration of precipitation through the ash and continued contribution to ground water contamination. Mr. Donnelly stated that they have worked diligently to site the building appropriately to avoid destroying the environment. He added that they would be willing to replace some of the tree varieties with more hardy species. He further added that they are willing to work with staff to address the traffic concerns. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the Final Planned Development (rezoning from LB, Limited Business to PD, Planned Development) to allow a three story, 123,000 square foot office building upon an 8.3 acre site located north of Yankee Doodle Road and east of Highway 13 (within the SE i/4 of Section 8) and the Final Plat (Transport America Headquarters Addition) legally combining the 5 lots which underlie the subject property into a single 8.3 acre parcel to the December 15, 1998 City Council meeting. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998 PAGE 7 REZONING & PRELIMINARY PLANNED DEVELOPMENT - MINI/USA EQUITIES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Attorney Linda Fisher, representing Cornerstone Development, described the mini-storage facility, presented pictures of the building, described the building materials and discussed why this use was suitable for the site. She added that the building will serve as a buffer between the existing commercial buildings and the residential area. Russ Miller, Cornerstone Development, provided background information on the company and the mini-storage industry. He discussed the physical appearance of the facility, site suitability, rental rates and security measures. He noted that there will be limited hours of operation and a manager will be on site 24 hours per day. Mayor Egan said that initially he was unsure about this development proposal, but Ms. Fisher's letter analyzing how this use fits into the Central Area District mitigated his concerns. He added that this development eliminates future piecemeal development of this property by completing the development between the animal hospital and Kennedy Transmission. Councilmember Wachter said he did not think a pylon sign was necessary for a high quality building such as this. Mr. Miller stated it is important to have signage visibility from Duckwood Drive. He said they would be agreeable to eliminating the pylon sign if they could have limited building signage on the south side of Building E. Councilmember Blomquist asked how large the sign would be on the south side. Senior Planner Ridley stated that the sign would be one foot by 25 feet or 25 square feet total. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final Planned Development, rezoning from Community Shopping Center, to allow construction of a self- storage facility on 4.42 acres west of Denmark Avenue north of Duckwood Drive, legally described as Outlot A, Town Centre 70 Twenty-first Addition in the NW 1/4 of Section 15 subject to the following conditions: The property shall be replatted. A Planned Development Agreement shall be executed and recorded against the property. The following exhibits are required for the Agreement: Final Site Plan Final Building Elevations Final Landscape Plan Final Signage Plan Final Site Lighting Plan There shall be no outside storage. The trash enclosure shall be constructed consistent with the requirements of the City Code and include a screening gate of 90% or greater opacity. 00421 Additional customer parking should be provided near the office to total nine stalls. Two more stalls should be provided for the resident manager. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30,1998 PAGE 8 00422 6. There shall be no parking allowed on the east side of Building A. The plans shall be revised to eliminate the doors on that side of the building or to provide a drive aisle with sufficient width to accommodate two drive lanes and one parking lane. 7. The north side of the office/ apartment building should be treated with the same concrete block and brick materials as the rest of the building. 8. In lieu of a pylon sign, additional building signage shall be allowed on the south side of Building E and the size of the sign shall be limited to one foot by 25 feet or 25 square feet total. 9. The light fixtures shall be shielded such that the light is directed downward and the source of the light is not directly visible from adjoining properties. 10. This development shall provide storm sewer at the south edge of the service drive in the southeast corner of the development to capture storm water runoff before it drains onto the adjacent property to the south (Lot 1, Block 1, Town Centre 70 Twenty-first Addition - Companion Animal Hospital). 11. A private ingress/ egress easement covering the service drive to Town Centre 70 Nineteenth and Twentieth Additions (Town Centre Car Wash and Kennedy Transmission) shall be dedicated at the time of final plat approval for this development. 12. Parks and trails dedication in the form of a cash payment are required. Fees are paid at the rate in effect at the time the building permit is issued. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final Plat (Town Centre 70 Twenty-second Addition) consisting of one lot on 4.42 acres west of Denmark Avenue north of Duckwood Drive, currently legally described as Outlot A, Town Centre 70 Twenty-first Addition located in the NW 1/4 of Section 15. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:05 p.m. MLK November 30, 1998 Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.