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11/01/1999 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNOL Eagan. Minnesota ~ovemmber1,1999 0031.3 A regular meeting of the Eagan City Council was held on Monday, November 1, 1999 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. Ilti.iI1R ......................... ........................ Mayor Awada noted that an item regarding Round Table and Additions would be added to the Administrative Agenda. City Administrator Hedges stated that Item C of the Consent Agenda, Final Plat, Aurora Investments. LLC for Ballantrae 2nd Addition. would need to be pulled. Coundlmember Masin said that she had requested that Mayor Awada's letter to the Cedarvale Task Force be put on the agenda. She further said that she had support for this request and when she checked last week it was scheduled to be on the agenda. She stated that since it did not appear on the agenda she would like it added to Department Head Business prior to discussion of the moratorium. Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 _::QI:_:~_QI.::j';.::I..~II.QUB::mlJ.rIlQ Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 !fm11s.;:w.I;::I.I_ Betty Bassett, 2101 Wuthering Heights Road and member of the Cedarvale Task Force, submitted a petition from the Wuthering Heights neighborhood requesting their properties be removed from the moratorium. The petition also requested that consideration of the moratorium extension be postponed until after the November 16 meeting of the Cedarvale Task Force. IJ.I._::_::IY$.~I CONSIDERATION OF MORATORIUM EXTEJIolSION CEDAR/HWY. 13 REDEVELOPMENT STUDY City Administrator Hedges provided an overview on this item. Mayor Awada asked how the Cedarvale Task Force members had responded in regard to the timeframe for an extension of the moratorium. Assistant City Administrator Verbrugge stated that ten Task Force members had responded with varying degrees of support for continuing the moratorium. He said that the moratorium could be extended for 30 days, which would follow the Task Force's final meeting or a 60 or 90 extension could be imposed to allow the City Coundl adequate time to deliberate the Task Force's recommendation. Ted GladhilL Cedarvale Task Force member, stated that a 9O-day extension would provide ample time for the Task Force to complete their recommendation. He said that, given the time of year, he did not think that a 9O-day continuance would impose a significant burden upon the property owners in the area. Coundlmember Masin said that during a meeting she had last Thursday with the Chair of the Task Force, Assistant City Administrator Verbrugge and City Administrator Hedges it was noted that it was staffs responsibility to coordinate the study with the consultant. She asked why the study had not EAGAN CITY COUNCIL MEETING MINUn5; NOVEMBER 1, 1999 PAGE 2 00314 been completed within the six-month timeframe that had been established and also why an extension was necessary. Assistant City Administrator Verbrugge said that one reason for the continuance was due to the Task Force's request for the fourth hybrid scenario, which required action by the City Council to allocate additional funding for the consultant. He noted that the other reason the study was not complete was due to the delay of the open house, after which, the consultant indicated a need for additional time to prepare the draft report. He stated that scheduling problems that occurred with various task force members and the consultant further delayed the process. Counci1member Masin said that she heard some of the Task Force members thought they were rubberstamping the process and that the consultant was not using the information they were presenting. She said that she wanted to ensure that the consultant did not perform any work that was not requested. Assistant City Administrator Verbrugge said that the draft report, as prepared by the consultant and reviewed by staff, reflects the work done by the Task Force. He noted that each member of the Task Force represents different segments of the community and has their own interests. Cound1member Bakken moved, Cound1member Carlson seconded a motion to extend the interim ordinance (moratorium) currently in effect for the Cedar A venue and Highway 13 Redevelopment Study Area for 90 days, excluding the improved, residentially zoned properties in the Wuthering Heights neighborhood. Aye: 5 Nay: 0 City Administrator Hedges provided an overview on the action being requested to direct staff to provide finandal information regarding redevelopment costs and the use of TIF and other finandng methods, as reflected in the memo to the Task Force chair from Mayor Awada. Cound1member Bakken said that it was implidt that finandal information would be included as part of the overall report. Cound1member Bakken moved, Councilmember Carlson seconded a motion to direct City staff to provide financial information regarding redevelopment costs, the use of T.I.F. and various other finandng methods to the Cedarvale Task Force for inclusion in their report to the City Council. Counci1member Masin said that it had been clarified to her that a detailed finandal analysis was supposed to be performed by staff and a third party following the Council's receipt of the report from the Cedarvale Task Force. Mayor Awada said it would not be prudent for the Council to move forward with the study and not know whether the plan would be economically feasible. Counci1member Blomquist said that the finandal analysis was not part of the original charge to the Task Force. Counci1member Bakken stated that the finandal information is needed regardless of the original charge to the Task Force. Counci1member Masin added that the Council should meet with the Task Force and get their recommendation before any further direction is provided. Cound1member Blomquist concurred. Cound1members Bakken and Carlson amended their motion to direct staff to provide finandal information regarding redevelopment costs, the use of TIF and various other finandng methods to the City Council. A vote was taken on the motion. Aye: 5 Nay: 0 Ms. Bassett expressed concern about 25 acres of property near the study area that is currently listed for sale by Collier Towle Real Estate Company. Mark Parranto stated that only a small portion of the property is located in Eagan. RESOLunO~ TO SEEK CRIME PREVENTION AND INTERVENTIO~ GRANT City Administrator Hedges provided an overview on this item. EAGAN CI'IY COUNOL MEE1lNG MINUTFS; NOVEMBER 1, 1999 PAGE 3 00315 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a resolution to seek a crime prevention and intervention grant. Aye: 5 Nay: 0 Igl_::.~i A. Personnel Items Item 1. It was recommended to approve the hiring of Deborah Widstrom as a Oerical Technidan m/Receptionist at the Maintenance Fadlity. Item 2. It was recommended to approve the hiring of Joe Tuset, Jordan Bailey, Daniel Norsten, Nick Boland, Brad Hanson, Sean Cosgrove and Lori Jorgenson as seasonal skate guards at the civic arena. Item 3. It was recommended to approve the hiring of Theresa McMahon, Nicole Terry, Katie Nelson and Elisa Swenson as seasonal concessions workers at the dvic arena. Item 4. It was recommended to approve the hiring of Andy Halverson as a seasonal supervisor at the dvic arena. Item 5. It was recommended to approve the hiring of Sarah Payne as a seasonal skating instructor at the dvic arena. Item 6. It was recommended to approve the hiring of Lynn Streefland as a seasonal parks maintenance worker. B. Resolution calling for a public hearing on a proposal for an assisted living fadlity project and a q 9 - 70 proposed housing program - Dakota Communities, Inc. It was recommended to approve the resolution calling for a public hearing on the giving of host approval for the issuance of revenue bonds and adopting a housing project and authorizing publication. C. Final Plat. Aurora Investments, LLC for Ballantrae 2nd Addition. This item was pulled from the Consent Agenda. D. Footing and Foundation permit. Gopher Eagan Industrial Park 6th. It was recommended to approve a footing and foundation permit for Gopher-Eagan Industrial Park 6th Addition (located north of Yankee Doodle Road and west ofT.H. 149 within the SW 1/. of Section 12). E. Implementation of the Comprehensive Guide Plan Amendment and Rezoning for Woodcrest Church. It was recommended to implement a Comprehensive Guide Plan Amendment that would change the Land Use Guide Plan designation of approximately 1.5 acres of land from D-I, Residential (0-3 units/ acre) to P, Public Fadlity located on the northeast comer of Oiff Road and TH 3 in the southeast 1/. of Section 25 and to approve a Rezoning of approximately 1.5 acres from A, Agricultural to P, Public Fadlity and on 12 acres from R-1, Single Family to P, Public Fadlity on land located on the northeast corner of Oiff Road and TH 3 in the southeast ~ of Section 25. F. Implementation of the Comprehensive Guide Plan Amendment and Rezoning for MVT A. It was 99 - 6 9 recommended to implement a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon approximately 4.5 acres of existing 1-35E right-of- way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest 1~ of Section 15 and to approve a Rezoning of approximately 4.5 acres from "undesignated" to PD, Planned Development (to allow the establishment of a mixed use, retail and transit facility) located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest 1/. of Section 15. G. Extension for recording the Final Plat. Stark's Addition. It was recommended to approve a five- month extension for recording for the Final Plat for Stark's Addition, consisting of one lot located west ofHwy. 149 and south ofHwy. 55 in the NW 1~ of Section 14. EAGAN aTY COUNOL MEETING MINU'J'e); NOVEMBER 1, 1999 PAGE4 0031.6 H. Receive petition/ order public hearing - drainage &: utility easement vacation (Gardenwood Ponds 4th). It was recommended to receive the petition to vacate a public drainage &: utility easement and schedule a public hearing to be held on December 7, 1999. I. Receive petition/ order public hearing - storm sewer easement vacation (Brookstone Amcon 1st). It was recommended to receive the petition to vacate a public drainage &: utility easement and schedule a public hearing to be held on December 7, 1999. J. Receive petition/ order public hearing - drainage &: utility easement vacation lKingswood Pond lot Addition). It was recommended to receive the petition to vacate a public drainage &: utility easement and schedule a public hearing to be held on December 7,1999. K. Project 96-Cc. acknowledge completion/authorize City maintenance (Majestic Oaks - Street &: Utilities). It was recommended to acknowledge the completion of Project 96-CC (Majestic Oaks - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. L. Project 97-C. acknowledge completion/authorize City maintenance (Lexin~on Pointe 12th Add.- Street &: Utilities). It was recommended to acknowledge the completion of Project 97-C (Lexington Pointe 12th Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. M. Temporary On-Sale Liquor License for YMCA and request for waiver of license fee. It was recommended to approve the temporary on-sale liquor license and waive the license fee for the YMCA. N. Support application of a Metropolitan Regional Arts Council grant. It was recommended to support the submission of an application for a Metropolitan Regional Arts Council Grant. O. Adoption of resolution consenting to the transfer of, control of and certain ownership interests in a 99- 71 cable television franchise to AT&:T COIporation or affiliates thereof. It was recommended to adopt the resolution consenting to the transfer or "change" of control from the current cable 1V franchise MediaOne to AT&:T. P. Approve agreement and acceptance between AT &:T, MediaOne and the City of Eagan as it pertains to the transfer of control. It was recommended to approve the agreement and acceptance between AT &:T, MediaOne and the City of Eagan and authorize the execution of the agreement and acceptance by the City. Q. License renewals for the year 2000. trash hauler. tree contractor and tobacco licenses. It was recommended to approve the license renewals for the year 2000, trash hauler, tree contractor and tobacco licenses. Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 _'i:_I$. CERTIFICATION OF DELINQUENT UI1LITIES City Administrator Hedges provided an overview on this item. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she turned the discussion back to the Council. Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to dose the public hearing and approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 EAGAN ClTY COUNaL MEETING MINU1'ES; NOVEMBER 1, 1999 PAGES 00317 VARIANCE, BRANDT ENGINElUNG LOT 15, BLOCK 1, GARDENWOOD PONDS 3KD ADDmON (882 OAK COURT) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to deny an 8-foot Variance to the 3O-foot side yard setback requirement (from a public street) for Lot 15, Block 1, Gardenwood Ponds 3rd Addition located in the NE 1/. of Section 23. Coundlmember Bakken stated that the Council has historically approved variances for valid hardships such as meeting ADA requirements, preserving trees or wetlands or for the development of difficult topography. He further stated that this variance did not exlubit an appropriate hardship and the only constraint is the design of the home. He expressed concern for the precedents that would be set if the Council approved this variance. Coundlmember Carlson concurred. Coundlmember Masin said that the proposed house is consistent with the other homes in the area. Ray Brandt, Brandt Engineering, said that curved alignment of North Ridge Drive will make the proposed setback unnoticeable. Councilmember Blomquist asked if it would be feasible to turn the house to face another street. Mr. Brandt said that the house could only face North Ridge Drive or Oak Court, which would significantly reduce the size of the back yard. Coundlmember Carlson suggested building a different style house on the lot. Dal DeWolf, 1530 Thomas Lake Point, stated that a deposit was put on the lot in July and later it was determined that the required setback was 30 feet instead of 20. He said they spent a significant amount of time and effort working with the developer. There being no one else wishing to speak, Mayor Awada turned the discussion back to the Council. Several Coundlmembers commented on the fact that this parcel has street frontage on three sides and that the applicant had explained a unique hardship. A vote was taken on the motion. Aye: 1 Nay: 4 (Mayor Awada, Councilmembers Blomquist, Carlson and Masin opposed) The motion failed for lack of a majority. Mayor Awada moved, Councilmember Carlson seconded a motion to close the public hearing and approve an 8 foot Variance to the 30 foot side yard setback requirement (from a public street) for Lot 15, Block 1, Gardenwood Ponds 3rd Addition located in the NE 1/. of Section 23. Aye: 5 Nay: 0 VARIANCE, BRANDT ENGINEERING LOT 8, BLOCK 2, GARDENWOOD PONDS em ADDmON (3877 TIMBER TRAIL) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Ray Brandt, Brandt Engineering, said that the proposed house design does not fit on the site. Mayor Awada suggested turning the house, which would only require a three-foot variance. EAGAN Cl'IY COUNaL MEETING MINUTE5; NOVEMBER 1, 1999 PAGE 6 0031.8 Mayor Awada moved, Coundlmember Bakken seconded a motion to deny an 8-foot Variance to the 3O-foot side yard setback requirement (from a public street) for Lot 15, Block 1, Gardenwood Ponds 3rd Addition located in the NE 1/. of Section 23. Mayor Awada stated that hardship had not been proven since the lot is not surrounded by streets on three sides. A vote was taken on the motion. Aye: 5 Nay: 0 Rli:_fi FINAL SUBDIVISIO~ (OIERRYWOOD KNOLL) - HElUTAGE DEVELOPMENT City Administrator Hedges provided an overview on this item. Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve a Final Subdivision for 23 single-family lots and one outlot on 12.1 acres, 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: B2, B4, Cl, C2, C3, C4, Dl, El 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). This noise attenuation requirement shall be recorded against each lot as a notice to buyers and builders. 4. Lot 6 shall provide a minimum rear yard setback of 15 feet for the existing structure. Storm Drainage 5. The developer shall obtain MnOOT permit approval for the proposed storm water discharge into the Hwy. 55 right-of-way. Water Ouality 6. On-site ponding shall be constructed to treat runoff prior to discharge to Pond GP-2. The pond shall be in the location shown on the preliminary grading plan. The excavation of the pond shall include a 10-foot wide aquatic safety bench extending from the normal water level Side slopes below the bench shall not exceed 3:1. The pond shall have a minimum wet volume of .09 acre and .22 acre-feet. 7. A cash water quality dedication in lieu of on site ponding shall be required for areas in the development for which storm water runoff is not treated by the proposed pond. Grading 8. Prior to final subdivision approval, the developer shall obtain a grading easement from the property owner of Parcel 010-06 for the proposed grading of Chapel Lane. EAGAN CITY COUNOL MEETING MINUTF5; NOVEMBER 1, 1999 PAGE 7 00319 Utilities 9. TIle existing sheds shall be removed and all wells and septic tanks abandoned and capped according to Dakota County and City requirements. Access/Street Design 10. The developer shall obtain the required right-of-way along the south boundary of Parcel 010-06 to accommodate the Chapel Lane extension prior to final subdivision approval. Easements/Ri2hts-of-Way /Permits 11. TIle development shall dedicate restricted access along the entire length of the subdivision adjacent to Hwy. 55 right-of-way, as required by the Minnesota Department of Transportation. Tree Preservation 12. A revised Tree Mitigation/Landscape Plan shall be submitted that includes the following changes: 13. To help prevent future defoliation by insects (yellow-headed spruce sawfly in particular), the row of Black Hill Spruce trees along the east and south property lines should be broken up with other conifer and/ or deciduous tree species or with dusters of trees with adequate spadng between them. 14. Substitute more shade tolerant conifers and/or dedduous trees for Black Hills Spruce on the south property line. 15. Heavily landscape the area on top of the proposed retaining wall, behind Lot 9, to serve as the safety screening for this six-foot retaining wall which is located adjacent to the park dedication land. 16. Strategically duster the proposed boulevard trees into areas where they will serve as buffers from road traffic/headlights/etc. Ousters should be placed on the outside curves of the two road lanes and the cul-de-sac. 17. The Tree Inventory/Tree Preservation Plan shall be revised to show the correct placement of tree protection fendng at the perimeter of the Critical Root Zone as defined by the City ordinance. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 18. TIle applicant shall contact the aty Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fendng. Park and Trail Dedications 19. This development shall be responsible for a park land dedication consisting of Outlot A (1.07 acres). The developer shall convey Outlot A to the City fee and dear of all encumbrances and shall be responsible to record the conveyance with the plat. The developer shall provide the City with evidence of dear title to the property prior to conveyance. EAGAN CITY COUNCIL MEETING MINtJTE5; NOVEMBER 1, 1999 PAGES 00320 20. Trails dedication shall be fulfilled through payment of a cash dedication. The cash trails dedication is payable prior to release of the final plat for recording, at the rate in effect at that time. 21. To recommend approval of a Variance to reduce the minimum front yard setbacks from 30 feet to 25 feet for Lots 1 - 5 and Lots 20 - 23, and from 30 feet to 20 feet for the remaining lots in the development. 22. To recommend approval of a Variance to exceed the maximum 8% street grade and construct the street with grades of up to 10%. Aye: 5 Nay: 0 OFFIOAL MAP City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He stated that Larry Wenzel had requested that the Official Map be cancelled. Counci1member Blomquist moved, Councilmember Masin seconded a motion to continue Official Map '1 (Northwood Parkway) to the November 16, 1999 City Council meeting. Councilmember Blomquist stated that at the November 16 meeting the City Council could determine if the Phase IT analysis should be completed. Discussion occurred regarding the purpose of the Phase IT Analysis and what governmental entity is responsible for its preparation and cost. Councilmember Bakken said that it would be in the best interest of the City to approve the Official Map and the environmental study given the history of the past negotiations. Councilmember Blomquist reiterated that Mr. Wenzel had requested a two-week continuance to allow him to meet with staff to determine if the revised plan for his subdivision is acceptable. Discussion occurred regarding the potential contamination of the MnDOT and Wenzel sites and who would be responsible for the clean up. Counci1member Blomquist stated that the City should cooperate with Mr. Wenzel and grant the continuance. Mayor Awada concurred but suggested the City proceed with the Phase IT Analysis. Coundlmembers Blomquist and Masin agreed to amend their motion to include authorization of the Phase IT Environmental Site Assessment A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Bakken opposed) RJY{._S CONDmO~AL USE PERMIT - SS MARTHA &t MARY EPISCOPAL CHURCH City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow construction of a pylon sign on property located at 4180 Lexington A venue, legally described as Lot 1, Block 1, Episcopal Church Addition, in the SW 1/. of Section 23 subject to the following conditions: EAGAN CITY COUNOL MEETING MINUTfS; NOVEMBER 1, 1999 PAGE 9 00321 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Coundl. 2. The pylon sign shall be located in the southeast portion of the site, as shown on the site plan received 9/21/99. 3. The pylon sign shall comply with the sign plans received 9/21/99. 4. Landscaping consistent with the landscape plan dated 3/19/99 shall be implemented with the installation of the sign. Aye: 5 Nay: 0 REZONING - ROCCO It DIANNE ALTOBELLI (1300 DEERWOOD DRIVE) Oty Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Bakken moved, Councilmember Masin seconded a motion to approve the Rezoning of 11.5 acres of land from A (Agricultural) to R-l (Single Family) located south of Deerwood Drive between Pilot Knob Road and Denmark A venue in the southwest 1/. of Section 22. Aye: 5 Nay: 0 INTERIM USE PERMIT - WAL-MART Oty Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report and said that staff noticed that Wal-Mart was already storing a number of containers in the garden center area following the October 5 City Council meeting. He further said that a letter had been sent to Wal-Mart on October 15 notifying them of the violation and requesting the containers be removed by October 31. He added that as of today, the containers had not been removed. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow the outside storage of up to fifteen storage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Eleventh Addition subject to the conditions approved by the APe. Councilmember Bakken said that he would be in favor of altering the time period of the permit to be effective immediately and ending January 1, 2001. Coundlmember Masin expressed concern with Wal-Mart's history of violations. She expressed concern about the number of containers since the Council had only approved a maximum of three containers for Kohl's for the 1999 and 2000 holiday seasons. Mayor Awada stated her concern with treating Eagan businesses equally. A vote was taken on the motion. ~ye: 0 Nay: 5 (Mayor Awada and Councilmembers Bakken, Blomquist, Carlson and Masin opposed) In response to a question, City Attorney Sheldon stated that the Council could modify the term of the permit as well as the number of containers. Counci1member Bakken moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow the outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Eleventh Addition 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 Interim Use Permit shall terminate January 1, 2001. EAGAN CITY COUNaL MEETING MINU1'f5; NOVEMBER 1, 1999 PAGE 10 ( n: 4) "J':' "Jl ',j \.... U A.#~ 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 Coundl with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall be allowed only between September 15 and December 28 of 1999 and 2000. S. There shall be no more than ten (10) storage containers and the containers shall be located within the fenced area south of the building. 6. The storage area shall be screened from view from the public right-of-way and other retail areas. Screening shall be provided by a dark green canvas attached to the wrought iron fence. 7. The applicant shall submit a site layout showing how the trailers will be situated within the garden center area. The layout shall be subject to the review and approval of the City Fire Marshal. 8. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. A vote was taken on the motion. Aye: 5 Nay: 0 IlEIltllmli:IIBI UPDATE O~ STREET RECO~STRUCTION/OVERLAY ASSESSMENT/APPRAISAL EV ALUATIO~ City Administrator Hedges provided an overview on this item. Councilmember Masin noted that Tom Radio had removed himself from the evaluation process because of a conflict of interest since he is now representing Coundlmember Carlson on another matter. She expressed concern with a conflict of interest if the Shenehon Company were to perform the evaluation if they are retained to work on the Louis Lane project. City Administrator Hedges noted that he and Director of Public Works Colbert discussed this situation and did not think it would pose a conflict of interest. He further noted that the City has not engaged in a contract with the Shenehon Company to perform the work on Louis Lane and they could be removed from the project. Councilmember Blomquist said she would prefer the Shenehon Company be limited to the scope of the work on the appraisal evaluation. Councilmember Bakken said he did not have a problem changing assessors or attorneys in order to avoid a conflict of interest. City Administrator Hedges added that it would behoove the City to use different appraisers for the evaluation and the Shenehon Coml?any will not be used for the Louis Lane project. ROUND TABLE AND ADDmONS TO DEPARTMENT HEAD BUSINESS Coundlmember Carlson moved, Counci1member Bakken seconded a motion to delete Round Table from all future agendas. Mayor Awada said that she was in support of deleting Round Table. Coundlmember Masin stated that this body seems to be discouraging open discussion and further stated that time should be allotted for Coundlmembers to report about their activities to the community. Coundlmember Carlson agreed that updates by the Council are appropriate, but she requested they be done at the time of Department Head Business. She said that the Coundl's fadlitator had recommended that Round Table be disbanded. Councilmember Blomquist expressed concern that there would not be a vehicle to allow Coundl discussion. She said this request appears to be a gag order. Coundlmember Bakken stated that, during Round Table discussion, updates on City Coundl activities lost their focus and oftentimes the EAGAN CITY COUNCIL MEETING MINU1'ES; NOVEMBER 1, 1999 PAGE 11 00323 discussion was not constructive. He said that everyone has the right to be heard, but the Cound.l should discuss City business. Coundlmember Carlson said that Coundlmembers will still have the opportunity to discuss matters under Department Head Business. She stated that discussion will be more organized and professional and the agenda will be more structured. Coundlmember Masin said that Round Table provided an opportunity for Counci1members to make comments. Mayor Awada noted that the Round Table has been frequently abused during the past couple of years and the purpose of this request is to make the meetings more professional. A vote was taken on the motion. Aye: 3 Nay: 2 (Coundlmembers Masin and Blomquist opposed) CounciImember Carlson explained her request to move discussion of pertinent Council matters from Round Table to Department Head Business. Coundlmember Bakken suggested that written summaries or motions be submitted the workday prior to the regular City Cound.l meeting to provide the rest of the Council with the proper notification. Coundlmember Masin stated that the proposed process is not fellSlole since the City Cound.l does not get the last update until late Monday afternoon. Coundlmember Carlson said that in an emergency situation items could be added at the time the agenda is adopted. Coundlmember Blomquist expressed concern with the requirement that everything must be submitted in writing and said that some things do not belong under Department Head Business. CounciImember Bakken said that it is appropriate for Councilmembers to provide advance notice of the items they want to discuss at a Cound.l meeting so that everyone can be prepared to respond. Coundlmember Masin stated that getting the Council packet on Friday does not provide enough turnaround for written requests to be submitted. Mayor Awada reiterated that all affected parties need to be notified if a new issue is going to be discussed. She stated that the Mayor or any two Coundlmembers can add an item to the agenda as long as it is done one day in advance in order to provide notice to all affected parties. Counci1member Carlson moved, Coundlmember Bakken seconded a motion to direct that items not on the regular agenda be addressed under Department Head Business and be accompanied by a written summary of the item and any potential motions the workday prior to the regular meeting. Aye: 3 Nay: 2 (Coundlmembers Blomquist and Masin opposed) CO~SIDER ADDmON OF COUNOL UPDATE ON REGULAR. CITY COUNOL AGENDAS CounciImember Masin said that she would like a section added to the agenda, which would give Cound1members an opportunity to provide an update on their activities. Coundlmember Bakken said that it would be more efficient if Coundlmembers provided the information in a written synopsis in the interest of saving time during the meetings. Coundlmember Carlson stated that updates could be provided during Department Head Business. Mayor Awada concurred and said that updates on important conferences that have been attended by Coundlmembers would be appropriate. Counci1member Blomquist disagreed with the suggestion that a written synopsis be prepared and said that a brief verbal update should be allowed. She further said that it may not be appropriate under Department Head Business. CounciImember Blomquist moved, Coundlmember Masin seconded a motion to add Cound.l Update as a standard item on the regular City Council meeting agenda. Aye: 2 Nay: 3 (Mayor Awada and Cound1members Bakken and Carlson opposed) The motion failed for lack of a majority. OPEN MEETING LAW UPDATE CounciImember Masin requested an update regarding the investigation of a potential violation of the Open Meeting Law. City Attorney Sheldon stated that it was his understanding that a complaint was filed and the LMC, through its insurance trust, hired an independent lawyer to review the issues through voluntary actions and statements. He added that his discussions with the lawyer indicate that he found no wrongdoing. Cound1member Masin asked if a report was prepared. Mayor Awada said that the attorney discussed the allegations with certain people and came to the conclusion that there was EAGAN CITY COUNCIL MEETING MINU'l'5; NOVEMBER 1, 1999 PAGE 12 00324 no violation of the Open Meeting Law. She said that since then a notice to file a complaint has been received and the Council can not discuss the pending litigation. VISITORS TO BE HEARD Susan Widmar expressed concern with the lack of information being shared with the public regarding Coundl activities. Jeff Gregory said that the Coundl should start taking care of City business in a manner that is more professional and unrelated to personal goals. 111_ The meeting adjourned at 9:00 p.m. November 1, 1999 Date MLK H you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob 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.