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02/19/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 19, 2002 6:30 P.M. A regular meeting of the Eagan City Council was held on Tuesday, February 19, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Intern to the City Administrator Dianne Lord. AGENDA Councilmember Tilleymoved, Councilmember Bakken seconded, a motion to adopt the agenda. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the February 5, 2002 regular City Council meeting; and the minutes of the February 12, 2002 special City Council meeting. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Police Officer Karlen Long. 2. It was recommended to approve a compensation rate increase of 3.3% for seasonal engineering aide/intern effective January 1, 2002. C. Ratify Check Register. It was recommended to ratify the check registers dated February 2-8, 2002 and February 9-15, 2002 as presented. D. Tobacco License Application. It was recommended to approve a tobacco license for Oriental Foods, 3904 Beau D?Rue Drive. E. Exemption from Lawful Gambling License. It was recommended to approve an application for 02-10 exemption from lawful gambling license for the National Wild Turkey Federation for a raffle to be held at 2280 Cliff Road on March 14, 2002. F. MRAC. It was recommended to approve submission of the Metropolitan Regional Arts Council Grant for Caponi Art Camp. G. Consumption and Display Permit. It was recommended to approve a Consumption and Display (Set Up) Permit application for Parkview Golf Club located at 1310 Cliff Road. H. Remodel Project. It was recommended to approve a contract with Siewert Cabinet and Fixture Manufacturing, Inc. and Sieco Construction, Inc. for the remodeling of the receptionist workstation and to authorize a funding source for the project. I. Extension of Preliminary Subdivision. It was recommended to approve an extension of the Preliminary Subdivision ? Blue Ridge Fourth Addition located at 2945 Lone Oak Drive in the SW ¼ of Section 1. J. Contract 02-01. It was recommended to receive bids for Contract 02-01 (Beacon Hill/Brittany/Johnny Cake Ridge Additions/Covington Lane ? Street Overlay), award the contract to Northwest Asphalt, Inc., for the base bid in the amount of $485,543, and authorize the Mayor and City Clerk to execute all related documents. K. Project 790R. It was recommended to receive the revised draft feasibility report for Project 790R (Central Parkway ? Street an Utility Improvements) and schedule a public hearing to be held on March 19, 2002. L. Street Sweeping Policy. It was recommended to approve the Street Sweeping Policy for the City of Eagan and authorize its implementation. M. Railroad Crossing Gates and Signal. It was recommended to approve MnDOT agreement #77142 (Railroad Crossing Signals ? Nicols Road and Union Pacific Railway) and related resolution, and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes February 19, 2002 Page 2 N. Contract 01-04, Citywide Trail Improvements. It was recommended to approve the plans and specifications for Contract 02-04 (Citywide Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 14, 2002. O. Contract 02-11. It was recommended to approve the plans and specifications for Contract 02-11 (Dodd Road, Cliff Road to Butwin Road ? Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 14, 2002. P. Purchase Agreement. It was recommended to approve a purchase agreement for 3816 Beau D Rue Drive. Q. Removing Tax Parcels from TIF District No. 2-3. It was recommended to adopt a resolution approving the elimination of parcels from Tax Increment Financing District No. 3 within Development District No. 2 of the City of Eagan. R. Approve 2001 General Fund Budget Adjustments. It was recommended to approve the 2001 General Fund Budget adjustments. 02-11 S. Premise Permit Renewals. It was recommended to approve Premise Permit Renewals for Exemption 02-12 from Lawful Gambling License for the Knights of Columbus at Starks Saloon and Coopers Restaurant. T. Contribution. It was recommended to approve a $1000 contribution to the Minnesota Water Quality Partnership in support of the City of Shorewood?s lobbying efforts for State legislation that restrict the use of phosphorus fertilizer. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS CONSIDER ADOPTION OF THE MODIFICATION FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 (BETWEEN BLUE GENTIAN ROAD AND HWY 149 ON EITHER SIDE OF HWY 55); ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2-4 (A REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT) WITHIN NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2; AND ADOPTION OF THE TAX INCREMENT FINANCING PLAN (THE "PLAN") THEREFORE City Administrator Hedges introduced the public hearing by noting that the redevelopment of Highway 55 and 149 was a goal set forth by the City Council for the 2001-2002 terms. He stated that the Advisory Planning Commission and Economic Development Authority both reviewed the draft redevelopment plans, and passed resolutions supporting the plans. Mr. Hedges also added that property owners, Dakota County, and ISD #197 were provided required notification of the proposed TIF District. Dakota County submitted road impact comments regarding proposed upgrades to Lexington Avenue. On February 12, 2002, the Dakota County Commission took board action to recommend the City not create the district. Sid Inman and Rebecca Kurtz of Ehlers and Associates were present, as was Greg Miller of McGough Development. Miller provided a brief presentation, stating that nine of the fourteen land interests (parcels 1,2,3,4,5,6,16,14,13) have been acquired, and the remaining property owners have been notified. Miller asked the Council for the opportunity to continue negotiations with the property owners. An unidentified Eagan resident questioned whether Miller is the type of developer Eagan wants, and noted Miller used strong-arm tactics to negotiate with property owners. Marv Glavin, an Eagan resident, offered his concerns over the City using condemnation in the future. He does not want the City involved in purchasing land and does not want the land being undersold. Mayor Awada stated that the City does not usually use condemnation in TIF proceedings, and that at the purpose of the public hearing was to establish the TIF district only. Eagan City Council Meeting Minutes February 19, 2002 Page 3 Marilyn Sanford, whose home is property number 12, stated that she wants to be removed from the TIF district. She noted that under TIF requirements, buildings need to be blighted or substandard, and the houses on Blue Gentian are not substandard. She voiced her concern over what happened in Richfield with their TIF district and stated that she does not want the City to use condemnation. Ray Sanford, 1020 Blue Gentian, stated that there is no blight in the neighborhood. He stated that the legal use of TIF is to provide housing and eliminate blight, neither of which is being done. He presented statements from State Supreme Court brief regarding TIF requirements and noted that the homes in the district are not structurally substandard. Pat Pavliv, 990 Blue Gentian Road, asked to be removed from the TIF district. Sid Inman of Ehlers and Associates stated that 90% of the property meets the substandard requirements. City Attorney Dougherty noted that the argument for the State Supreme Court case in Richfield regarding their use of TIF has not been heard yet. The first lawsuit was in regard to condemnation proceedings, not TIF. A business owner at 1027 Blue Gentian Road voiced his concern that property owners are being offered different prices for their land. He stated that he was threatened by the real estate agent with condemnation. He recommended that a uniform cost be used for purchasing the properties. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. 02-13 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a resolution adopting a modification for the Northeast Eagan Development District No. 2. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to establish TIF District No. 4 within the NE Eagan Development District No. 2. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt the TIF plans as specified by the consultants. Aye: 5 Nay: 0 Bakken recognized that the Council is cognoscente of the citizen concerns, and they will be heard at the proper time. Councilmember Carlson asked that the property owners be noticed of all proceedings involving the TIF District. Staff noted the request. NEW BUSINESS ORDINANCE AMENDMENT ? CHAPTER 5, SECTION 5.51 OF THE EAGAN CITY CODE ENTITLED BEER, WINE AND LIQUOR LICENSING AND REGULATION REGARDING SPORTS OR CONVENTION FACILITIES LIQUOR LICENSE FEE. City Administrator Hedges introduced the item by stating that on January 22, 2002, the City Council directed the City Attorney?s office to prepare an ordinance amendment to Chapter 5 of the City Code regarding beer, wine, and liquor licensing to provide for an annual sports or convention facilities liquor license and related fee. The amendment is being requested in preparation of the RFP process associated with obtaining a liquor vendor at the Eagan Community Center. Hedges added that Chapter 5, Section 5,51 identifies the fee for the daily sports or convention facility license fee, which is $50. The ordinance amendment proposed includes a provision for an annual license and related annual fee. Staff Eagan City Council Meeting Minutes February 19, 2002 Page 4 proposed an annual license fee of $600 for the convention facility license. This fee is in addition to the fee required to obtain an on-sale liquor license. Councilmember Carlson moved, Councilmember Bakken seconded a motion to adopt an ordinance amendment to Chapter 5, Section 5.51, entitled Beer, Wine, and Liquor Licensing and Regulation regarding the daily sports or convention facilities liquor license fee. Aye: 5 Nay: 0 ORDINANCE AMENDMENT ? CHAPTER 5, SECTION 5.52, OF THE EAGAN CITY CODE ENTITLED BEER, WINE AND LIQUOR LICENSING AND REGULATION REGARDING THE NUMBER OF ON-SALE LIQUOR LICENSES AVAILABLE TO BE ISSUED IN THE CITY. City Administrator Hedges introduced the item by stating that on January 22, 2002, the City Council directed the City Attorney?s office to prepare an ordinance amendment to Chapter 5, Section 5.52 of the City Code regarding the number of on-sale liquor license available to be issued in the City of Eagan. Mayor Awada noted that correspondence from Al Baker was received in which he asked that the item be continued due to the fact that he could not be present to offer his argument against the amendment. The Council discussed the purpose of the amendment and noted that the new liquor licenses are predominately for new hotels, and it is their desire to maintain a free market system where liquor licenses do not become a commodity in and of themselves. The Council recognized Mr. Baker?s letter, and respects his position; however, the Council believed the item was a housekeeping issue and needed to proceed forward. Councilmember Carlson moved, Councilmember Tilley seconded, a motion to adopt an ordinance amendment to Chapter 5, Section 5.52, of the Eagan City code entitled Beer, Wine, and Liquor Licensing and Regulation regarding the number of on-sale liquor licenses available to be issued in the City of Eagan. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION ? NORTHWOOD EQUITY, LLC. ? A PRELIMINARY RD SUBDIVISION (NORTHWOODS BUSINESS PARK 3 ADDITION) OF 17.7 ACRES TO CREATE TWO COMMERCIAL/INDUSTRIAL LOTS, LOCATED ON NORTHWOOD CIRCLE IN THE SE ¼ OF SECTION 10. Senior Planner Ridley described the proposed subdivision as the third phase in the Northwood Business Park development. The developer is now ready to proceed with construction of the third phase, and further subdivision of the 17.7-acre parcel is required to create a separate lot for the third building. The Planning Commission recommended approval, subject to the conditions in the APC minutes, at the January 29, 2002 APC meeting. The developer, Jay Hill, was present and concurred with staff?s comments. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a preliminary subdivision to create two lots on approximately 17.7 acres located north of Northwood Parkway and west of Lexington Avenue in the SE ¼ of Section 10, subject to the conditions listed in the APC minutes. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA City Administrator Hedges stated that some City staff and the Mayor have received voicemails from Kevin Von Feldt regarding legal action that he plans to take against the City. The voicemails were shared with the City Council and audience. City Attorney Dougherty noted Von Feldt threatened litigation and advised the Council that at this time, Von Feldt has not submitted an application to the City, and therefore there is on action to consider. Dougherty advised the Council not to be in contact with Mr. Von Feldt, and advised staff not to discuss Mr. Eagan City Council Meeting Minutes February 19, 2002 Page 5 Von Feldt?s claims or proposed lawsuit. Staff and Council took the City Attorney?s statements under advisement. The City Council asked that a letter be sent to Mr. Von Feldt from the City Attorney?s office stating that no application has been submitted to the City at this time, and like any developer, he has the right to submit a development application at any time. Mayor Awada noted that the Council has not offered support to Mr. Von Veldt?s proposed project, despite what local papers have stated. Additionally, the Council also asked that a statement be included in the letter asking that Mr. Von Feldt not be in contact with any members of the Council from this point forward. The Council requested a copy of the completed letter. ADJOURNMENT The City Council meeting adjourned at 7:40 pm. _______________________________ ____________________________ Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (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.