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02/01/2000 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 1, 2000 00031 A regular meeting of the Eagan City Council was held on Tuesday, February 1, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Counci1members Masin, Blomquist and Carlson. Councilmember Bakken was absent on military duty. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. :'Hiiiixm"'" hu=.w"vA. ................................................ Counci1member Blomquist moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 MINm~$:Q~;t~J;1J.J.t~)jj$~:gQOO:~~tJ.YJt~:M:fIrn~~Q Councilmember Masin requested the following change to the fifth and sixth sentences in the first paragraph under Visitors To Be Heard-on page one, "She further said that the City Council is the board of virtually a multi-million dollar operation and yet there are no set rules to follow and added that Council responsibilities are not clear. She stated that the Council needs to bring their process and behavior to a level commensurate to the responsibility they share as a City Council." thc lc'.'cl it should bc at. She also requested a change to the fourth sentence in the second paragraph under Visitors To Be Heard on page one as follows, "Counci1member Masin stated that if anyone were to check her record while on the Council they would see that she probably attends more meetings within the community and has done more public outreach than anyonc clsc on toc Council virtually any Councilmember outside former Mayor Egan." She further requested the following change to the first sentence in the fourth paragraph on page two, " Ann O'Reilly said that she has known Councilmember Bakken during high school, law school and in a professional capacity and thinks of him as an upstanding dtizen." She requested the following sentence be added after the seventh sentence in the second paragraph under City Council Meeting Procedures on page 13, " The City Administrator responded that Eagan's current process is an anomaly." She also requested the following changes to the ninth and tenth sentences in the second paragraph under City Council Meeting Procedures on page 13, "Counci1member Masin said that City Administrator Hedges has polled several municipalities and asked if there is any community that does not allow items to be pulled from the Consent Agenda or if any community requires a majority vote to separate items from Consent. rcgarding thcir proccdurc rcgarding thc Conscnt Agcnda. City Administrator Hedges stated that he was not aware of how othcr dUcs usc thC Conscnt ..^~gcnda and any and added that a sampling of other communities was done and added that he will provide a survey of those results." Mayor Awada requested the following change to the eighth sentence in the second paragraph under City Council Meeting Procedures on page 13, "Mayor Awada reiterated that items may be pulled from the Consent Agenda by a majority vote and the reason the Council follows Robert's Rules of Order is because certain members of the Council were pulling too many items from the Consent Agenda in their effort to grandstand on an issue." She also requested the following change to the last sentence on page 13, "Mayor Awada stated that the definition of non-controversial routine items has changed and not the use of the Consent Agenda nor what is on the Consent Agenda and, in her opinion, the issues that are being pulled are non- controversial and have been that way for 20 years." She requested the first full sentence on page 14 be deleted,"Shc addcd that thc Conscnt Agenda has bccn uscd for 20 ycars." 00035 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1,2000 PAGE 2 Mayor Awada moved, Councilmember Carlson seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 ~Jt$'.~f.j:T~:jRU~x.j~jigQM.i$R~aG\ij:Nmmr.mQ Councilmember Masin requested that the second to the last sentence on page five be changed as follows, "Counci1member Masin suggested that this is a City Council job 'J71fJ:file list rcsporoibility." Mayor Awada moved, Councilmember Carlson seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 ~$,Q~~mftfDY4.lt*:iJl~ggQ9':~f;I~~NJg.M'~~Q Mayor Awada moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 ..-.... "...... ..---......,.,-- ....-"....---.............-- .... .- .........,.....-................-............................................................ D....EP..'..'AK.."....rn....ME.."'....'NT.........."HE....,..An',..,......,'U..'U.."..S..'JN....'..B'..'S..'S.." ,. . .. ....' . . .. .. . .". . ... ..... '. . ." . .... .. ..... ... ... ....... . . .. ...... . .... ..... . .. . '...::.::~.....:.:.::::.:::..:....:..::,..::.,....:...:...:..:..:::..:::..,:::::...::...:...:.::..:........::.:::::....-:::..:>:.:...;...:..\.::..:...:.:.:.:...... RECOGNITION OF SPORTS PROGRAM SUPERVISOR AND CASCADE BAY FACILITY MANAGER City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Ken Vraa recognized Sonya Rippe on receiving the Presidential Citation from the Minnesota Recreation and Parks Assodation and Kristi Organ for her receipt of the Award of Merit from the Minnesota Recreation and Parks Association. Sports Program Supervisor Sonya Rippe thanked the City Council for allowing the staff to be part of the Minnesota Recreation and Parks Assodation. ;nn'i(1's""iiS"'.-:-:"~"j:mn:'i:iiiil ~~~;?4:' . .:~:" .~:~~m1V~:~~i::u~~::~ .......................................................... .......................................................... City Administrator Hedges noted that the Count on Eagan 2000 Census Readiness Event would be held on February 8 at 6:00 p.m. at the Eagan Fire Administration Building. gQ~$.Jlg1W~~~$; A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended for hire as a part- time Receptionist in the Police Department. Item 2. It was recommended to approve the hiring of a person to be recommended for hire as an Administrative Spedalist in the Parks & Recreation Department. Item 3. It was recommended to approve the hiring of Lonie Sauber as a part-time Building Maintenance Worker at the Munidpal Center. Item 4. It was recommended to accept the letter of resignation from Combination Building Inspector Bill Adams. Item 5. It was recommended to accept the letter of resignation from Mary Jenson as a part-time Receptionist/Clerical Tech II for the Finance Department. Item 6. It was recommended to accept the letter of resignation from CSO Stacey Conley from the Police Department. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1,2000 PAGE 3 00036 Item 7. It was recommended to approve the hiring of Amy Ellis, Michelle Matters, Rebecca Gordon and Molly Towle as seasonal lifeguards at Cascade Bay. Item 8. It was recommended to approve the hiring of Shawna Whitney as a seasonal lifeguard shift leader at Cascade Bay. Item 9. It was recommended to approve the hiring of Jennifer Lopac and Joe Huettl as seasonal concessionaires at Cascade Bay. Item 10. It was recommended to approve the hiring of Stephen Piehl as a seasonal guest relations worker at Cascade Bay. Item 11. It was recommended to approve the hiring of Kelly Lintz as a seasonal Sports Program Associate. Item 12. It was recommended to approve the hiring of Shane Morin as a seasonal warming house attendant. B. Project 787, receive feasibility report/ schedule public hearing (Chapel Hill Baptist Church - Sanitary Sewer & Water Improvements). It was recommended to receive the draft feasibility report for Project 787 (Chapel Hill Baptist Church - Sanitary Sewer and Water Improvements) and schedule a public hearing to be held on March 7, 2000. C. Contract 98-01, approve Change Order No.2, Southern Lakes Water Tower. It was recommended to approve Change Order No.2 to Contract 98-01 (Southern Lakes Water Tower - Trunk Water Improvements) and authorize the Mayor and City Clerk to execute all related documents. D. Project 745, approve Settlement Agreement - Pavlik, Blue Gentian Road. It was recommended to approve a Settlement Agreement for Parcel 10-00200-040-26 (Pavlik) regarding the property acquisition cost for Project 745 (Blue Gentian Road - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. E. Construction/Demo trash hauler license renewal for the year 2000, Coolidge Trucking. It was recommended to approve the construction/ demo trash hauler license renewal for the year 2000 for Coolidge Trucking. Councilmember Carlson moved, Mayor Awada seconded a motion to approve the Consent Agenda. Aye: 4 Nay: 0 ~tlmG.:fI~m~$. ADOPT RISK MANAGEMENT PLAN, CITY WATER TREATMENT FACILITIES City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Superintendent of Utilities Wayne Schwanz provided a summary of the management plan. Councilmember Blomquist asked if there was a plan for other areas in the City where lesser amounts of chlorine are stored. Superintendent of Utilities Schwanz stated that all City buildings that use chlorine have been inventoried. He noted that Cascade Bay uses a liquid bleach solution. Counci1member Blomquist said that she has received two complaints about the chlorine smell from neighbors living adjacent to Cascade Bay. She asked if there is a preparedness plan for Cascade Bay. Schwanz stated that the liquid chemical used at Cascade Bay is secure within its own building and if a leak were to occur it would be discharged into the sanitary sewer system. 00037 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 4 Counci1member Carlson moved to open the public hearing to accept public comment. Jeff Gregory, 1322 Deercliff Lane, expressed concern about the chemicals stored at Cascade Bay and the potential impact to the neighbors east of the facility. He further said it would be proper and courteous to include the storage areas within close proximity to the neighbors in the plan. He further expressed concern about the exhaust stack on the building housing the boilers. Director of Parks and Recreation Vraa noted that liquid chlorine bleach is used at Cascade Bay for safety reasons. He added that the bleach is contained in a non-pressurized tank that is encompassed by a double-walled system and enclosed in a brick building. He reiterated that if a leak were to occur the liquid would be discharged into the sanitary sewer system. Councilmember Masin said that the residents have noticed the chlorine odor. Vraa stated that the chlorine smell is not from the storage/mixing building but rather emanates from the water and is an indicator that the bacteria are being killed. Counci1member Carlson moved, Counci1member Masin seconded a motion to close the public hearing and adopt the Risk Management Plan for the City's two Water Treatment Facilities. Aye: 4 Nay: 0 PROJECT 740, FINAL ASSESSMENT HEARING, SILVER BELL ROAD (STREET RECONSTRUCTION IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Counci1member Carlson moved, Mayor Awada seconded a motion to approve the final assessment roll for Project 740 (Silver Bell Road - Street Reconstruction Improvements) and authorize its certification to Dakota County for collection. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. CouncilmemberBlomquist asked if appraisals were completed on the properties being assessed. Director of Public Works Colbert stated that no appraisals had been prepared and added that the developers most likely waived their rights to object to the assessments with the execution of the development agreement. A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Blomquist opposed) VARIANCE, U-LINE INC. TO EXCEED THE ALLOWED BUILDING LOT COVERAGE OF 35% BY 1.6% ON LOTS 1 AND 2, BLOCK 3, EAGANDALE CORPORATE CENTER, LOCATED AT 985 ALDRIN DRIVE IN THE SW % OF SECTION 11 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Carlson moved, Mayor Awada seconded a motion to approve a Variance to allow 36.6% building coverage on property located at 985 Aldrin Drive, legally described as Lots 1 and 2, Block 3, Eagandale Corporate Center, in the SW % of Section 11 subject to the following conditions: 1. A landscape plan shall be submitted with the application for building permit and will be subject to staff review for compliance with the City Code. 2. The building addition shall be constructed of materials to match the existing building. 00038 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGES 3. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 4 Nay: 0 Q~j?VP$JN~$ APPOINTMENT, SOLID WASTE ABATEMENT COMMISSION City Administrator Hedges provided an overview on this item. Counci1member Masin moved, Councilmember Blomquist seconded a motion to appoint John Tapper to the business representative position on the Solid Waste Abatement Commission. Aye: 4 Nay: 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N'EW""""""""'B'..'V.."..S'..J..NES...,....'..'S..' .. .." ....... . ..... . . =..: ':...; ::::: ,:,':.:": ::;: ....... ......................................... ................ ...................... WAIVER OF SUBDIVISION - PARKER & MORAN 837 AND 841 GREAT OAKS TRAIL City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Counci1member Blomquist seconded a Waiver of Subdivision requirements to adjust the common lot line between Lots 27 and 28, Block 1, Great Oaks (841 and 837 00-11 Great Oaks Trail) located in the NE % of Section 14, subject to the following conditions: 1. The applicant shall file with the County Auditor a lot combination to combine Lot 28 with the small portion of Lot 27, Block 1, Great Oaks, for tax purposes and proof of the filing shall be submitted to the City within 60 days following City Council approval of the Waiver. Aye: 4 Nay: 0 PLANNED DEVELOPMENT AMENDMENTjFlNAL PLANNED DEVELOPMENT OAK VIEW LLC (COMFORT INN) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report and explained that the request constituted a deviation to a performance standard of the Preliminary Planned Development. Mayor Awada opened the item for public comment. A representative of Amcon stated that the hotel previously proposed was a Red Roof Inn but has been changed to a Comfort Inn. He noted that the height of the hotel had increased from three to four stories. Counci1member Carlson stated that when the PD was originally approved it was the understanding of the residents that this area was guided NB. She expressed concern with the hotel increasing from three to four stories and that a four story hotel at that corner is more intense than what 00039 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 6 the neighbors had antidpated when Oakview Center Planned Development was approved. She also expressed concern about the proliferation of hotels in the City. The applicant stated that the building footprint is smaller than the original Red Roof Inn layout. He said they are sensitive to the neighborhood and commented that the grade of the property is approximately 10 to 15 feet below Lone Oak Road and, additionally, the building is set back further than required by Code in an effort to have less impact on surrounding properties. Councilmember Carlson expressed concern about the intensity of this proposal setting a precedent for future development within this PD. Mayor Awada stated that the long-term land use of this area will be commercial. She added that quality development within this PD will promote successful redevelopment of the area. She said that she did not have an opinion regarding the addition of a fourth story to the hotel. Counci1member Masin said she would support the development because there was no opposition expressed. She suggested the Council review the hotel industry. Counci1member Carlson stated that she would vote against the PD amendment because she was not in favor of the increased intensity of the hotel. Counci1member Blomquist agreed with Counci1member Masin and suggested including Ann Carlon with the Eagan Convention and Visitors Bureau and representatives from the Police Department discussions regarding the hotel industry. Mayor Awada moved, Councilmember Masin seconded a motion to approve a Planned Development Amendment/Final Planned Development to allow the construction of a four story, 78 room, hotel upon 1.9 acres of land located south of Lone Oak Road and east of TH 55 on property currently platted as Lot 3, Block 1, Oakview Center in the northwest % of Section 12 subject to the following conditions: 1. The applicant and/ or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Final Lighting Plan 3. A temporary turnaround easement shall be acquired and a temporary turnaround shall be constructed within the adjacent easterly property (Lot 2) at the eastern end of the site's northerly parking lot. 4. The applicant prepare and the City Attorney review and approve cross access easements upon Lot 2 to the east. 5. The Landscape Plan shall be revised to incorporate the following: A. A total of 15 mitigate trees. B. The planting of more salt resistant trees along Highway 55 as determined acceptable by the City Forester. 6. City Officials find the proposed building height to be acceptable. 7. All building, parking/ drive aisles, and landscaped areas shall be properly maintained. 00040 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE? 8. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 9. All rooftop mechanical equipment shall be screened from view of all public rights-of- way. 10. The hotel's front desk shall be staffed 24 hours a day. 11. City Offidals find the proposed wall signage on the building's eastern fal;ade to be acceptable. 12. Building plans, materials and construction shall be such that they will ensure an interior sound level of 50 dBA. 13. This proposal shall be responsible for a cash parks and cash trails dedication at the time of building permit. 14. The applicant shall provide pedestrian access to Lone Oak Road at the northwest corner of the site. Aye: 3 Nay: 1 (Councilmember Carlson opposed) ADMtN1STRA1TVi1'AGENDA ........................................................................................................................................................ SCHEDULE SPECIAL CITY COUNCIL MEETING City Administrator Hedges provided an overview on this item. Discussion occurred regarding scheduling a special City Council meeting to discuss the Cedar Avenue & Highway 13 Redevelopment process. Mayor Awada suggested that a special City Council meeting be scheduled for the first meeting in March. Councilmember Blomquist said that the Council needs to receive information from staff regarding the discussion and recommendations from the commissions and also in-depth traffic and financial information. Mayor Awada requested design standards be put together for Council review and discussion. Senior Planner Ridley said that staff could incorporate the task force members' preferences into performance standards that could be applied to the area. Mayor Awada said that a series of meetings will need to be held. Counci1member Blomquist moved, Mayor Awada seconded a motion to schedule a special City Council meeting for March 6,2000 at 4:45 p.m. to discuss the Cedarvale Redevelopment process. Aye: 4 Nay: 0 Councilmember Masin raised questions regarding Robert's Rules of Order. She questioned if the agenda format was acknowledged at the last meeting and said that this format should be deleted until after the special meeting is held to discuss meeting procedures. She noted that the agenda format was drafted by Councilmember Bakken to help the Council and it was her intent that it never be a formal guideline for everyone. She further noted that there is no background for number 8.1 of the agenda format. Counci1member Carlson said that Counci1member Masin's issues could be addressed prior to the February 15 regular City Council meeting. City Administrator Hedges referenced page 14 of the January 18 regular City Council minutes which included a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings and to continue discussion of the guidelines/handout entitled "Eagan City Council Meeting Procedures and Public Participation Guidelines" for public participation in City Council meetings to a future spedal City 00041 EAGAN CI1I' COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGES Council meeting. Counci1member Masin said that the meeting procedures need to be clarified prior to a meeting in March. Councilmember Carlson questioned if a work session could be held prior to the next regular City Council meeting to discuss Robert's Rules and procedures. Mayor Awada said that it needs to be very clear what the Council will be discussing. Counci1member Carlson commented on the long-term vision for the Cedarvale area and said that a hotel would be a good fit for this area. She expressed concern about over saturating the rest of the City with hotels. She said she would like the Council to re-evaluate the entire City regarding the number and locations of hotels in Eagan. She suggested the EDC review this issue and then schedule it for the February 15 special City Council agenda. Mayor Awada suggested that input and information on the hotel industry be added to the February 15 special City Council agenda and said that Executive Director Ann Carlon. of the Eagan Convention and Visitors Bureau should be invited to the meeting. She requested staff prepare a map showing the locations of all the existing and proposed hotels in the City. Counci1member Masin asked if it would be worthwhile for the EDC and the APC to gather the information and meet with the Council following their review. Counci1member Carlson stated that the EDC should be in charge of this matter initially. Mayor Awada said that it would be in the best economic interest of the existing hotels if the City were not to approve new hotels in the City, which then raises the debate of government restricting a market. Counci1member Masin questioned if the EDC should research the matter and then present the information to the Council. Councilmember Carlson stated that she does not want to restrict any market but wants to avoid the long-term possibility of vacant hotels. Mayor Awada said that the issue would not be scheduled for the February 15 spedal City Council meeting, but rather the EDC would be directed to review the hotel market. Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a special City Council meeting for February 15,2000 at 5:00 p.m. to discuss Robert's Rules of Order and meeting procedures. Aye: 4 Nay: 0 vlSlmORsToBEiHEARD ...,......................................................................................................... Robert Barbour, 1461 Richards Court, complimented Councilmember Carlson for her defense of her neighborhood against the construction of a proposed hotel. He said that although he understood and appreciated her concerns he thought that Eagan is physically located to become a big city and not a small town. He questioned if Councilmember Carlson had any legal or ethical issues with serving on the Eagan Athletic Association Board of Directors. Counci1member Carlson said that she has no conflicts because she is in charge of publicity and volunteers her time and does not monetarily benefit in any way. Mayor Awada said that the only benefit EAA receives from the City is the availability of ample parks. Mr. Barbour questioned if it would be better for the EAA to be part of the Eagan Parks and Recreation program to eliminate duplication of efforts. Mayor Awada said that the City does not have to subsidize the sports because of the number of EAA volunteers. Mr. Barbour said that he was the person that Mayor Awada and Counci1member Carlson laughed at the last time he was at the Council meeting and added that he still holds contempt for the Council. 00042 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 9 Counci1member Carlson stated that she was not laughing at Mr. Barbour but was shocked by the accusations he made. Mayor Awada stated that the laughter that occurred was out of shock and she apologized if Mr. Barbour believed that she was laughing at him. Counci1member Carlson added that she is very proud to serve the EAA organization. She noted that there are 2,000 volunteers affiliated with the EAA and the families and children of Eagan are their main focus. ........................................... ~fjl~Jm~ The meeting adjourned at 8:00 p.m. to an Executive Session for the purpose of discussing collective bargaining, the Water Treatment Plant, a special assessment issue and the central park acquisition. Present were Mayor Awada and Councilmembers Masin, Blomquist and Carlson, City Administrator Tom Hedges, Director of Public Works Tom Colbert, Director of Parks and Recreation Ken Vraa, Director of Finance Gene Van Overbeke and City Attorney Jim Sheldon. FEBRUARY 1, 2000 Date MLK If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.