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06/20/2000 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 20, 2000 00187 A regular meeting of the Eagan City Council was held on Tuesday, June 20, 2000 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Boy Scout Troop 453 led the Pledge of Allegiance. AGENDA ................................................. City Administrator Hedges noted that Police Chief Therkelsen would be making a few comments about National Night Out under Comments by City Coundl, City Administrator and Department Heads. He said that staff is recommending that Item A of Old Business, Amend 2000 Fee Schedule, Right-of-Way Management Program, be further reviewed and continued indefinitely to allow further discussion with the utility companies. Coundlmember Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 . ~ijS:QE[tm::Je::j)::@QQ::$.Pg~p.:m~m Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 3 Nay: 0 (Coundlmembers Carlson and Blomquist abstained) _:QE:X.tm::~:'~;;:gOOQ::ldtGpjMmnMmmG City Administrator Hedges noted that there were non-substantive changes made to correct several typographical errors. Mayor Awada requested the following change on page one, the fourth sentence in the first paragraph under Visitors to be Heard, "He also expressed his opposition to the use of office space and storage space in the community center by other non-profit organizations such as the EAA and the Rcsidcnts f{)r Rccrcation." She further requested a change on page three, the last sentence in the second paragraph under Possible Merger of Northwest Airlines with American Airlines as follows, "Councilmember Carlson Slle felt that everyone is concerned but that government should not interfere." Councilmember Masin requested the following change on page three, the first sentence in the first paragraph under Possible Merger of Northwest Airlines with American Airlines, "Coundlmember Masin stated she felt it would be prudent for the City of Eagan to have a contingency plan in place should the headquarters for Northwest Airlines, as well as other major employers, be moved from Eagan." Mayor Awada requested the following change on page 11, in the fourth paragraph, "Councilmember Masin questioned where the new access would be and also questioned the dlange iR managcmcnt of Wi5park sale of a significant amount of commercial property of the Wispark portfolio." Councilmember Masin further requested clarification to that sentence as follows, "Coundlmember Masin questioned where the new access would be and also questioned whether the imminent sale of a significant amount of commercial property of the Wispark portfolio would create a change in management and any other changes that the City would need to be aware of" Mayor Awada noted that on page 14, the first sentence in the second paragraph should be changed to reflect that Councilmember Bakken moved and Councilmember Bakken Carlson seconded the motion. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 00188 EAGA1'\ CIn' COUNCIL MEETING MINUTES; JUNE 20,2000 PAGE 2 MINUJJ3S PftlIEAfiqL25,2Q()Q$j$@t::M~il'!&Q Councilmember Masin requested additional information be included in the first paragraph on page ten as follows: Councilmember Blomquist asked if the Mayor and Councilmembers Bakken and Carlson had discussed this matter. Councilmember Carlson said no and that she had been out of town and had not even known that the item would be on the agenda. Councilmember Carlson soid size objected to the implication that Mayor Awada, Councilmember Bakken and she had a set agenda. Councilmember Carlson said the Council needed to get more information about what happened. Councilmember Masin said that Councilmember Carlson and the others had gotten information from the League and their attorneys that she had not received. Councilmember Carlson said she had not asked to be sued. She stated that the reason she had to have an attorney was because she was a victim. She said that the Council had to do something about the leak of information. Councilmember Masin told Councilmember Carlson that she should have done something a year and a half ago when Councilmember Carlson found the person on her doorstep. Councilmember Carlson replied that she had only been a Councilmember for seven days when she received the envelope and did not know what she was supposed to do. She said she had suffered for a year and a half because she had gotten something in an unmarked envelope at her house. Councilmember Masin asked Councilmember Carlson why she had not told everybody. Councilmember Carlson asked why she should have and suggested that Councilmember Masin talk to Councilmember Blomquist because Councilmember Blomquist had told her to get rid of it. Councilmember Carlson announced that she was going home. Councilmember Blomquist called for a vote on the previous motion. Councilmember Carlson moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 3 Nay: 1 (Councilmember Blomquist opposed and Councilmember Masin abstained) (The vote recorded is the result of the review of the videotape and a ruling by the City Attorney's office. An offidal transcript of the discussion and the Attorney's opinion are included as Exhibit A and B of the minutes.) Councilmember Masin requested that a clarification be added to the minutes to reflect that Councilmember Bakken brought the envelope to Councilmember Carlson as opposed to it being left on the doorstep. Mayor Awada asked if the minutes were recorded verbatim from the tapes. Councilmember Masin stated that accurate information should be reflected in the minutes. Mayor Awada stated that the minutes reflect what was said at the meeting. Councilmember Masin agreed that the discussion from the meeting occurred the way the minutes were recorded but questioned the accuracy of the statement. Councilmember Bakken stated that for something to show up in the minutes it needs to be said at the meeting. He further stated that the minutes are to serve as an offidaI record of the offidaI actions taken by the Council. Mayor Awada called the discussion out of order. Counci1member Blomquist asked what the vote was. Mayor Awada stated that the vote was 5/0. Coundlmember Blomquist said she had voted no and Counci1member Masin disagreed also. Coundlmember Masin stated that she was going to vote no and suggested the minutes be recorded verbatim or the City follow Burnsville's model and record only the motion. Councilmember Bakken said he would be willing to make a motion to allow Councilmembers Blomquist and Masin to change their vote. Discussion occurred regarding what the actual vote was. Mayor Awada seconded Coundlmember Bakken's motion. Councilmember Blomquist said she would vote no on this motion as she had done on the previous motion. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmembers Blomquist opposed and Masin voted in favor, but under duress because she felt the motion was not necessary) Mayor Awada stated that the motion failed because a unanimous vote was necessary. 001.89 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 3 tONIMEN'fS..'I3),~..QQUNGni..<:P'X...At?~tS~1!JQR.~:Pmf.AR~~P$ COMPREHENSIVE ANNUAL FINANOAL REPORT FOR YEAR ENDING DECEMBER 31, 1999 City Administrator Hedges provided an overview on this item. Dave Hinnenkamp, Kern De Wenter, Viere, Ltd., presented the December 31,1999 Comprehensive Annual Finandal Report. Councilmember Bakken moved, Councilmember Masin seconded a motion to accept the December 31, 1999 Comprehensive Annual Finandal Report. Aye: 5 Nay: 0 LEAGUE OF MINNESOTA CITIES YOUTH DELEGATION UPDATE City Administrator Hedges provided an overview on this item. Maggie Hoadley commented on her participation in the LMC Conference held June 13-16 in S1. Ooud. She stated that a teen council would help to get teens involved in local government and further commented on the success of teen centers in other communities. She thanked City Administrator Hedges, Coundlmember Masin and Administrative Intern Ben Kristensen for their assistance at the conference and she also thanked the City Council for covering the costs assodated with the conference. Preston Dean also commented about his attendance at the conference. Councilmember Masin noted that Sarah Block also attended the conference but was unable to attend the Council meeting. She added that the cities that have a youth council give them a lot of latitude and said she did not hear any negative comments about the teen coundls in other dties. She noted that she followed the communication and rehabilitation tracks and attended related sessions at the conference. NATIONAL NIGHT OUT Police Chief Kent Therkelsen discussed the plans for National Night Out on August 1. He mentioned that the open house for the Wescott substation has been rescheduled from last Thursday to this Thursday from 6:30 to 8:30 p.m. <:~N$lJS..~()()()..'tIDPAtFt~)j~J<:~PAWE CENSUS UPDATE Mayor Awada commented on the census return rate in Eagan in comparison to Dakota County and the rest of the nation. City Administrator Hedges noted that the Dakota County response rate was 80% and the target rate was 83%. He also noted that the response rate for Eagan was 81% and the target rate was 81%. FUTURE STEPS FOR THE CENTRAL PARK & COMMUNITY CENTER DEVELOPMENT City Administrator Hedges provided an overview on this item. He noted that at the Special City Council meeting the Council directed staff to prepare RFPs for an architect, construction manager and park planner. He stated that the City Council intends to involve residents in the planning of the facility and further stated that subcommittees ",ill be formed to discuss site deSign, partnerships and operations and facility design. He added that the City Council wants to be part of the committees but also wants community involvement. He stated that discussion about the formation of the subcommittees will occur at the July 5, 2000 City Council meeting and information seeking applicants will appear in the local newspapers. 00130 EAGAN CITY COUNCIL MEETING MI'\UTES; JUNE 20, 2000 PAGE4 With regard to the LMC Conference, Councilmember Masin referenced a logo that will be used in literature to signify a two-year fotus on building quality communities. She said that the City Council will be asked to pass a resolution supporting this endeavor. qQN$~NT-A.GmP~ A. Personnel Items Item 1. It was recommended to approve the hiring of Danielle Hassett, Ann McGrath and Lindsay Howe as seasonal lifeguards for Cascade Bay. Item 2. It was recommended to approve the hiring of Nathan Starkson as a seasonal concessionaire for Cascade Bay. Item 3. It was recommended to approve the hiring of Sally Andrews as seasonal guest senice shift leader for Cascade Bay. Item 4. It was recommended to approve the hiring of Marc Kettleson as a seasonal operations/maintenance shift leader for Cascade Bay. Item 5. It was recommended to approve the hiring of Leah Taylor as a seasonal utilities intern. Item 6. It was recommended to approve the hiring of Jon Steining as a seasonal ballfield attendant. Item 7. It was recommended to approve the hiring of Al Sivongsay as a seasonal park attendant. , Item 8. It was recommended to approve the hiring of Adam Fechner, Jake Loesch, Chris Colbert and Kerri Hauenstein as seasonal park maintenance workers. Item 9. It was recommended to approve the hiring of Melissa Manke, Thomas Ford, Robin Curlee and Eric Severson as seasonal tennis instructors. Item 10. It was recommended to approve the hiring of Laura Beaubien, Jessie Hausman, Megan Linville, Alyssa Brecke, Jenny Donndelinger, Michele Hanninen, Ashley Kjos, Emily Krinhop, Jennifer Rummel, Erin Wester, Ryan Teskey, Anna Shogren and Lindsay Severson as seasonal recreation assistants. Item 11. It was recommended to approve the hiring of Sarah Haxton, Julie Kugler, Jessie SaYre, Kim Garrison, Daniel Beaubien, Steve Anderson and Steven Johnson as seasonal recreation leaders. Item 12. It was recommended to approve the hiring of Kim Sundin, Molly Smith, Melissa Hatch and Marcelle Shrier as seasonal skating instructors for the Civic Arena. Item 13. It was recommended approve the hiring of Theresa McMahon and Megan McMahon as seasonal concessions workers for the Civic Arena. Item 14. It was recommended to approve the 2000-2001 collective bargaining agreement with the police sergeants collective bargaining unit. B. Contract 00-02, receive bids/award contract (Hilltop, Vienna Woods &. Wilderness Park Additions- Street Overlay). It was recommended to receive the bids for Contract 00-02 (Hilltop Estates, Vienna Woods and Wilderness Park - Street Overlay), award the contract to McNamara Contracting, Ine., for the Base Bid in the amount of $418,124.50, and authorize the Mayor and Deputy City Oerk to execute all related documents. C. Contract 00-03, receive bids/award contract (Old Sibley Memorial Hwy., Lone Oak Circle &. Galaxie Ave. - Street Overlays). It was recommended to receive the bid for Contract 00-03 (Old Sibley Memorial Highway, Lone Oak Circle and Galaxie Avenue - Street Resurfacing/Overlay), award the contract to Valley 001.91 EAGAN CITY COUNCIL MEETING MI0:UTES; JUNE 20, 2000 PAGES Paving, Inc., for the Base Bid in the amount of $162,086.10, and authorize the Mayor and Deputy City Clerk to execute all related documents. D. Contract 99-09, approve final payment/authorize City maintenance (Advent United Methodist/Patrick Eagan Park). It was recommended to approve the final payment for Contract 99-09 (Advent United Methodist Church and Patrick Eagan Park - Parking and Utility Improvements) in the amount of $23,136.96 to Bituminous Roadways, and accept the improvements for perpetual City maintenance subject to warranty provisions. E. Receive petition/ order public hearing - easement vacation (Silver Bell Addition). It was recommended to receive the petition to vacate public drainage and utility easements and schedule public hearing to be held on August 15, 2000. F. Receive petition/order public hearing - easement vacation (Blackhawk Glen 2nd Addition). It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on July 18, 2000. G. Confirmation of Findings of Fact, Conclusions & Resolution of Denial, U.s. Postal Service/Bale Anderson, Ltd., of approximately 6.72 acres from R-1 (Residential Single Family) to R-3 (Residential 00- 4 0 Townhouse) for property located on the east side of Johnny Cake Ridge Road north of Oakridge TOwnhomes in the NW % of Section 28. It was recommended to confirm the Findings of Fact, Conclusions & Resolution of Denial of the Rezoning request of the USPS by Bale Anderson, Ltd. for 6.72 acres located east of Johnny Cake Ridge Road in the NW 1/4 of Section 28. H. On-sale liquor license for Sri Krishna, Inc. dba Madras Palace Restaurant. It was recommended to approve an on-sale liquor license for Sri Krishna, Inc., dba Madras Palace Restaurant. I. Approve election judge salaries for the 2000 Primary & General Elections. It was recommended to approve election judge salaries for the 2000 Primary & General Elections. J. Final Plat. MVT A Eagan Transit Station - Minnesota Valley Transit Authority. It was recommended to approve a Final Plat (MVT A Eagan Transit Station) that will convert 4.5 acres of existing 1-35E right-of-way into a platted lot located south of Yankee Doodle Road and between Pilot Knob Road and 1-35E in the northwest 1/4 of Section 15. K. Project 99-A. approve extension to the Development Agreement (Gardenwood Ponds 4th Addition). It was recommended to amend the Development Agreement for Gardenwood Ponds 4th Addition (Contract 99-A, Street and Utilities) by extending the completion time for the bituminous wear course until September 1, 2000. L. Implementation of Comprehensive Guide Plan Amendment for Spencer Springs from Industrial to 0-1 Single Family. It was recommended to implement a Comprehensive Guide Plan Amendment changing the suggested use of 1.3 acres of land located north of Silver Bell Road and east of Nicols Road (in the southwest 1/4 of Section 18) from IND, Limited Industrial to D-1, Single Family (0-3 units/ acre). M. Approve Safe and Sober Grant. It was recommended to approve a Grant Agreement (continuing) between Minnesota Department of Public Safety and the City of Eagan for Safe &. Sober for a period October 1,2000 through September 30,2001. 00-39 Councilmember Carlson noted that she would be voting against the Consent Agenda because she 00 - 4 0 . 1 did not support Item J, Final Plat. MVT A Eagan Transit Station - Minnesota Valley Transit Authority, and had voted against this item at a previous Council meeting. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the Consent Agenda. Aye: 4 Nay: 1 (Councilmember Carlson voted against the Consent Agenda due to her opposition to Item J) EAGAN crn COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 6 00192 PQlrI..lq~~GS RIGHT-Of-WAY MANAGEMENT ORDINANCE City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Public Works Coordinator Tom Struve provided additional details regarding the Right- of-Way Management Ordinance. Mayor Awada opened the public hearing to anyone wishing to speak. Craig Knudsen, representing Dakota Electric Assodation, thanked Tom Struve for his work on the ordinance. He asked the City Counru to continue the ordinance to allow Dakota Electric an opportunity to further discuss their questions and concerns with City staff. He said he felt this ordinance was premature and that it would have a significant impact on their business. Mayor Awada noted that staff was agreeable to a 3~-day continuance. Colette Jurek, representing NSP, expressed support for a 30-day continuance. Marvin DeGiere, representing Koch, also expressed support for a 30-day continuance. Bill Decker, representing People's Natural Gas, commented on the amount of property tax they pay and the benefit to the City of Eagan. He stated that they currently operate with a franchise that governs how they conduct business within the public right-of-way. He concurred with the requests for continuance. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Counru. Councilmember Blomquist moved, Councilmember Masin seconded a motion to continue the Right-of-Way Management Program and related City Ordinance to the August 1,2000 City Council meeting. Aye: 5 Nay: 0 Qi..p13l1$l~S$ AMEND 2000 FEE SCHEDULE, RIGHT-OF-WAY MANAGEMENT PROGRAM This item was continued indefinitely at the suggestion of the City staff. PROJECT 680, RECEIVE PETITION - CLIFF RIDGE COURT TRAIL (CLIFF ROAD - STREET & UTILITY IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to delete the trail access to the proposed Cliif Road trail improvements from Cliff Ridge Court as part of Project 680 (Cliif Road - Street and Utility Improvements) and direct a revision of the detailed final plans and specifications to the Dakota County Highway Department. Aye: 5 Nay: 0 Jackie Shirif, 4592 Cliif Ridge Court, dted safety as a major reason for requesting the elimination of the trail access. She said that the majority of the people in the area do not want the access. John Wittmayer, 4593 Cliif Ridge Court, said he was opposed to the trail access because it would increase the traffic in the cul-de-sac. Councilmember Blomquist stated that the construction of stairs would create a hazardous situation. Councilmember Bakken said that if the residents in the area do not support the access it should not be constructed. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 7 00193 A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 784, CHANGE ORDER #l/AUTHORIZE BUILDING REMOVAL (LOUIS LANE - STREET & UTILITY IMPROVEMENTS) City Administrator Hedges provided an ove. won this item. Director of Public Works Colbert gave a staff report. Councilmember Carlson moved, Coundlmember Bakken seconded a motion to approve Change Order No.1 to Contract 99-14 (TH 55 Frontage Road/Louis Lane - Street and Utility Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 PARADE PERMIT, EAGAN LIONS CLUB FOR FOURTH OF JULy CELEBRATION City Administrator Hedges provided an overview on this item. Coundlmember Bakken moved, Coundlmember Masin seconded a motion to approve a parade permit, waiving the permit fee, for the Eag:m Lions Club to hold the annual Fourth of July FunFest parade on Blackhawk Road between Diffley Road and Blue Cross Road. Aye: 5 Nay: 0 Councilmember Bakken moved, Coundlmember Carlson seconded a motion to approve a shows license, waiving the permit fee, for the carnival to be held July 1 through July 4, 2000 at Skyhill Park. Aye: 5 Nay: 0 ~~l4$Jr.i~s LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE 2001 City Administrator Hedges provided an overview on this item. Councilmember Blomquist stated that the City should request that Eagan's legislative delegation address the opt-out legislation formula in the next session. Councilmember Carlson concurred. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve an 00 - 3 8 increase in the local transit tax levy, by the percentage increase in taxable market value, for taxes payable in 2001. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - SPRINT PCS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He requested the Council consider two additional conditions to be included which requires a waiver of objection for all pending assessments and the property to be platted. Mayor Awada moved, Coundlmember Carlson seconded a motion to approve a Conditional Use Permit to allow construction of a 7S-foot monopole telecommunications tower on property located at 4151 Old Sibley Memorial Highway, located in the SW % of Section 19 subject to the follov.'ing conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall obtain a building permit prior to the construction of the tower. 3. The property shall be platted prior to issuance of a building permit and construction of the tower. 4. The billboard may remain until the property is further developed. 00194 EAGAN CITY COUNCIL MEETING MINUTF5; JUNE 20, 2000 PAGE 8 5. The 75-foot antenna tower shall be constructed with a foundation that would structurally accommodate a tower extension. Any future height extension will require reapplication for a Conditional Use Permit for the additional tower height. 6. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.10, Subdivision 31, F. The accessory equipment building shall be constructed of brick or precast concrete in a color similar to the existing buildings on the parcel. 7. The lease area shall be secured with a security fence as shown on the enlarged site plan dated 12/14/99. The barbed wire on the fence shall not be angled outward. 8. Landscaping shall be installed as shown on the landscape plan dated 5/2/00. 9. The monopole tower shall be painted light blue or gray to match the existing tower on the site. 10. The applicant/property owner shall agree to waive objection to all pending assessments under City Project 782 - Old Sibley Memorial Highway. Steve Carlson, representing PCS, explained the reasons the monopol~ is needed. Councilmember Masin questioned if there would be an opportunity to have the billboard removed if the Council approved the platting of the property. Senior Planner Ridley stated that an opportunity to invoke the removal of the billboard would exist with any future building permit request. A vote was taken on the motion. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION & VARIANCE, TRI-LAND SURVEYING COMPANY, me. (KENNERICK ADDmON) Councilmember Carlson abstained from partidpating in discussion and voting on this item. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada stated that this property is zoned R-l and the developer has the right to develop it for single-family use. She said that the Council has authority over certain aspects of the development such as the layout of the subdivision, the size of the lots and access. She added that the Advisory Planning Commission had pointed out that the density and lot size of this subdivision does not match the surrounding area. She concurred with the APes position. Coundlmember Masin asked if this property was discussed as part of the Comprehensive Guide Plan review. Senior Planner Ridley noted that this property is zoned and guided consistently. Councilmember Bakken stated that he concurred with the findings of the APC and added that he was not comfortable with the plat as shown. He expressed concern about the lack of access to the north. Councilmember Bakken moved, Mayor Awada seconded a motion to direct the City Attorney to prepare Findings of Fact for denial. Mayor Awada noted that another option would be for the developer to request a continuance and appear before the APC with a revised plat. Brad Swenson, developer, stated that he has contracts with the property owner that will expire in June. He explained that he needed to wait until the end of May to proceed with his application in order for the wetland delineation to be completed. He requested a continuance from the Council. Councilmember Bakken withdrew his previous motion and moved continuance of the item. 00195 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 9 City Attorney Sheldon stated that the applicant should meet with Senior Planner Ridley and determine the date the item should be continued to. Mayor Awada stated that the plat would need to be considered by the APC again. Councilmember Masin asked if it would be possible for the developer to hold another neighborhood meeting. Mr. Swenson indicated that a neighborhood meeting would be held. Councilmember Masin inquired about the ponding issue. Director of Public Works Colbert explained that trunk area storm water improvements would be required with this development. Councilmember Blomquist stated that it would be important to consider the amount of the trunk area storm sewer assessments to the residents in the area. She added that the developer does have the right to develop this property. Councilmember Masin noted that the two main concerns appear to be the amount of the: assessments and the aesthetic compatibility to the surrounding area. She suggested the residents form a cooperative and buy some of the available land. Mayor Awada told the developer that she did not think it would be feasible to get 1910t5 in this development and stated that the Council will be looking to ensure that the development is compatible with the surrounding area. Discussion occurred regarding notification to the residents about the future of this proposal. Senior Planner Ridley noled that residents would be re-noticed even if the development does not go forward. Mayor Awada seconded Councilmember Bakken's motion to continue this item. A vote was taken on the motion. Aye: 4 Nay: 0 A resident of 1455 Lone Oak Road clarified that the residents do own the property that the pond is located on. ORDINANCE AMENDMENT - CITY OF EAGAN, AMENDING CHAPTER 11 ENTITLED, "LAND USE REGULATIONS (ZONING)" TO ESTABLISH UPDATED AND EXPANDED ZONING DEFINITIONS City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code establishing updated zoning definitions and direct the City Attorney to prepare an amendment suitable for publication. Aye: 4 Nay: 0 (Councilmember Carlson was absent for the vote) ORDINANCE AMENDMENT - CITY OF EAGAN, AMENDING VARIOUS CHAPTERS OF THE OTY CODE ADDRESSING EXTERIOR PROPERTY MAINTENANCE REQUIREMENTS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada moved, Councilmember Bakken seconded a motion to approve an Amendment to various chapters of the City Code addressing exterior property maintenance requirements and direct the City Attorney to prepare an amendment suitable for publication, with the additional change to allow modification of the requirement that firewood must be stored four inches above grade and to allow it to be stored on a two by four of approximately 3 1/2 inches. Royce Tyre, 4265 North Nybro Lane, expressed concern with the firewood storage provision. He said that residents should have the option of storing wood within one inch of a neighboring property regardless of screening. He stated that five feet from the sideyard is too restrictive and he urged the Council to ease the firewood restrictions. Mayor Awada noted that the ordinance had been revised to reflect what Mr. Tyre was proposing. She questioned why firewood could not be stored within five feet of an inhabited structure, which would not include the garage. Senior PlaIU1er Ridley clarified that an inhabited structure means a heated 00196 EAGAN CI1Y COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 10 structure. He added that the purpose of the provision was to prevent rodent infestation. He further added that the language could be re\ised to make the ordinance clearer. Councilmember Bakken stated that the language should be changed to capture the element of the definition of heated. He added that some garages are heated. Councilmember Masin said she would object to approving the ordinance because of the fact that some garages are heated. Senior Planner Ridley further explained the difference in building Code and setback requirements between primary and accessory structures. Councilmember Bakken stated that he would retract his request to include language regarding heated structure. Counci1member Carlson said she was concerned about limiting the amount of firewood that could be stored on a resident's property. Senior Planner Ridley clarified how much wood could be stored on someone's property. Mayor Awada noted that the ordinance is intended to regulate those situations where a wood burning business is being operated from a residential property and firewood encompasses the entire yard. Bob Cooper, 1472 Highview Avenue, asked if this ordinance requires residents to paint their houses, mow their grass and take care of weed removal. He further asked about enforcement measures. Senior Planner Ridley stated that all the items mentioned by Mr. Cooper are addressed in this ordinance and the City will have the authority to make the necessary improvements and assess the costs to the property owner's taxes. Margaret Pellerin, 2950 Pilot Knob Road, expressed concern with an open truck containing mattresses and couches next door to her property and also expressed concern about the dilapidated garage on the adjacent property. City Attorney Jim Sheldon stated that the open truck with mattresses and couches would be a health issue that the County would address and the dilapidated garage would be covered under the draft ordinance. He added there is also a provision under state law with regard to buildings that are hazardous. Marty Rodich, 1345 Deerwood Drive, requested a stipulation that the mowing of tall grasses should only apply to lots of one acre or less in size. Senior Planner Ridley noted that the ordinance is directed at the maintenance of turf grass and also stipulates that if a property owner is keeping an area in a natural state the ordinance would not apply. He added that if people surrounding the natural area are impacted by the growth there may be some concerns about the effect on their lot. Councilmember Masin referenced Section 9.10, Subdivision 7, with regard to the six-hour time limit for parking of commeroal vehicles on a residential street. She added that six hours appears to be a tight timeframe and questioned if it could be extended to 10 or 12 hours. Senior Planner Ridley noted that six hours is an industry standard. He added that commeroal vehicles cannot be parked on the street for more than six hours but can be parked on the driveway. He noted that the ordinance is geared toward commerdal drivers who regularly park on the street. Councilmember Masin said she thought the ordinance should be changed to allow for 12 hour parking on the street and stated that the six-hour limit would create a hardship for people who are moving. Mayor Awada disagreed stating that most people would park a moving van in their driveway. She added that the enforcement of this portion of the ordinance is complaint-based. She said that the problem the ordinance is trying to address is the parking of commerdal vehicles on residential streets for long periods of time. Councilmember Carlson said that although six hours appears strict it is an industry standard. She stated that the intent of the ordinance is to ensure that commerdal vehicles are parked in the driveway. She said she could agree to an eight-hour limit but no more. Councilmember Blomquist said she did not have a position on the six-hour limit. Mayor Awada said she would support the six-hour time limit. Councilmember Blomquist stated that she was concerned about the requirement regarding mowing of grass for large lots. She suggested changing the requirement to apply to lots one-half acre or smaller. She said she would support the ordinance as long as it would only be applicable to turf that is mowable. She further said that the intent of the ordinance is not to eliminate the wooded wild land in Eagan. Senior Planner Ridley clarified that the ordinance only applies to turf grass. 00197 EAGAN CI1Y COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 11 Mr. Tyre referenced Section 10.01, Subdivision 2D regarding garbage collection. He suggested that garbage containers be allowed to be at the collection point from 6:00 p.m. the day before until 6:00 a.m. the following day to accommodate those people who may be working different shifts. Councilmember Masin concurred with Mr. Tyre. Mayor Awada agreed to change the time to reflect 6:00 a.m. Councilmember Bakken accepted the change to the motion. A vote was taken on the motion. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - AMENDING CHAPTER 11, ENTITLED, "LAND USE REGULATIONS (ZONING)" ADDRESSING ACCESSORY BUILDING REQUIREMENTS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada inquired about the placement of a red barn shed in the rear yard. Senior Planner Ridley stated that the intent of the ordinance is to ensure that the color of accessory buildings be color compatible with the existing house. Mayor Awada questioned if buildings smaller than a certain size would be exempt from this requirement. Senior Planner Ridley noted that buildings smaller than 10 by 12 in size would not be subject to this requirement. Mayor Awada stated that detached garages should match the color of the house but it would be acceptable for sheds to be a different color. Councilmember Carlson questioned if the Council should be determining what color people should paint their accessory structures and said this seems to be a personal preference. Counci1member Bakken stated that this is not a question of dictating taste but rather of creating consistency in the color of the house and accessory structure. Further discussion occurred regarding if the Council should place restrictions on the color of accessory structures. Councilmember Masin said that she would like the ordinance to state that the color must be complementary and not matching. She added that in the City there are a number of assodations that have covenants, which restrict activities within a particular subdivision. Councilmember Blomquist stated that the requirement should be deleted. Counci1member Bakken said he did not feel strongly about the color either way. He added that the term complementary is not clear enough and he did not want the Council to have to interpret it. Councilmembers agreed to delete the requirement regarding color compatibility. Councilmember Carlson stated that the requirement that swimming pools must be ten feet from the rear lot line is an incredible encroachment. She said that five feet would be suffident as the ordinance currently states. Coundlmembers concurred with the five-foot setback versus the ten-foot setback. ............................................ A........O.....I..O.....l1R.......N....1\:f.......E...m......... . ". ... :~..:..::...:::::; ..::::.::.::;..::.i....:..:..;:;..:..:..::...;...:....:::;.}~:.L The meeting adjourned at 9:25 p.m. MLK JUNE 20, 2000 Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). 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