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01/18/2000 - City Council Regular 00019 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 18, 2000 A regular meeting of the Eagan City Council was held on Tuesday, January 18, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Counci1members 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. ........................ A".."'G.. 'EN1J'.."A"'.. .. . .. . . ... . .... . .... ..... . .. .. .. :.::::.:.:.::...:....:..::::..::.::..:::...:.... Mayor Awada noted that changes in the wording of the findings of fact for Item E of the Consent Agenda, Confirmation of Findings of Fact, Conclusions & Resolution of Denial, New Earth Services, commercial/multi-family and residential trash hauler license were being made. City Administrator Hedges said that he would present information under Department Head Business on the billboard being provided to promote the City of Eagan by De Lite Outdoor Advertising. Councilmember Bakken moved, Counci1member Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 ~~$.;.:QF!Jlm..J~Dx:!Ji'~im~.~aytgm~~G Councilmember Masin requested the first sentence in the second to the last paragraph on page six be revised as follows, "Councilmembcr Masin questioned the 20% commitment being requested by the EA.1\.. Councilmember Masin suggested that the request for a 20% dedicated use by the EM was premature prior to purchase of property and the design of the building." Councilmember Bakken moved, Counci1member Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ................................................................. v'.. 'J"S" "{..;r....Q....R....S'.."'T....O....""U.. 'E......a..'..E"'AR "'......""'0..'" '. .. . .. ." ". - .. .., ...... .."....... ~:>_:< .::. ,', .:~:. .::...:::..;.....:::.:...:)...:~:. ::: .:f..:..;...:..\...:...:...:..::.::..::....;.::..:::.:: Paul Carlyon, 3906 Canter Glen Drive, expressed his concern with the discord among the City Council. Mayor Awada explained that there have been factions on the Council for years. She apologized for the discord and explained that attempts have been made to make things more positive; however, she added that things have reached a peak due to the lawsuits and other activities that have occurred. Counci1member Masin said that the main problem is the inconsistent process utilized by the Council. 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 need~ to bring their process and behavior to a level commensurate to the responsibility they share as a City Council. Mayor Awada noted that the problems are of a personal nature and added that the Council has tried to correct them through the use of a facilitator. Gary Crawford, 3749 West Denmark Trail, stated that the focus of the meeting that was held at the Wescott Library appeared to be to slam Mayor Awada and Councilmembers Bakken and Carlson. He said that people will not always get along and agree on everything. He questioned what was going on behind the scenes that the public does not see. 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 virtually any Counci1member outside former Mayor Egan. Mr. Crawford asked Counci1member Blomquist why she did not attend the advisory commission interviews. Counci1member Blomquist stated that she was not happy with the process and commented on the attempts she has made to correct it. Councilmember Masin said that it is inappropriate to conduct background checks on advisory commission applicants and mentioned that she had requested the Council discuss the procedure for commission appointments. Mayor Awada said that some of the City Counci1members are being sued by a friend of the other City Counci1members with regard to background checks and the commission process. Mr. Crawford said that if something is being done that is wrong he wants to be aware of it. 00020 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18,2000 PAGE 2 Phil Soucheray said that he has watched videotapes of the Council meetings and the Council's actions have prompted him to become involved with the group known as Eagan OPEN. He mentioned that the next meeting of Eagan OPEN would be January 31 at 6:30 p.m. at the Wescott Library. He stated that the purpose of the meeting is to open the doors and shed some light on the governing process and to discuss ways to enhance the system. Mayor Awada questioned why Mr. Soucheray felt the process was not open. Mr. Soucheray stated that the impression the public has of the Council is that the activities are unbecoming and unproductive. He added that people from Eagan OPEN feel that they are not able to bring issues forward and are disrespected when they do. Counci1member Bakken offered Mr. Soucheray a copy of a handout that is followed by the Council in conducting their meetings. Ted Wachter, 4540 Blackhawk Road, stated that former Mayor Egan was undermined in the same manner that Mayor Awada is being undermined. He said that Counci1member Blomquist is no longer mayor and should try to cooperate with the rest of the Council and that refusing to cooperate is not the proper attitude to have. He further said that if this behavior continues the City is going to lose good staff. He mentioned that it is inappropriate for a counci1member to threaten litigation when things do not go a certain way. Ann O'Reilly said that she has known Counci1member Bakken during high school, law school and in a professional capacity and thinks of him as an upstanding citizen. She questioned the incident involving Councilmember Bakken going through someone's trash. Councilmember Bakken said that he has a responsibility to cooperate with the League of Minnesota Cities Insurance Trust and the County Attorney's office and not discuss this matter publicly. He said that his actions were prompted by anger and disgust at the negative political attitudes and that everything he has done has been in an effort to help the City. Mayor Awada noted that Counci1member Bakken has had two election complaints filed against him, a councilmember has threatened to sue him, a counci1member's friend has sued him and he has been accused of creating cartoons lampooning the Council. Counci1member Bakken stated that both cases alleging election fraud were thrown out. Counci1member Carlson said that when the litigation is settled the Council will discuss it with the public. She stated that the City has taken many measures to inform the public and keep the governing process open such as, cable broadcasts of meetings, e-mail access to the Council, posting agendas on the agenda hotline and web site, televising special City Council meetings and the posting of development signs on land that is proposed for development. She said that Visitors To Be Heard is located at the beginning and end of all regular Council meetings and there is also an opportunity for Visitors To Be Heard at the special City Council meetings. She stated that it is impossible to please everyone all the time. She further stated that the Council has made every effort to open the process to the public. She added that in order to be heard it is necessary for the public to put forth a little effort. Robert Barbour, 1461 Richards Court, stated that two weeks ago he shared his views on a matter in a letter to the Council and subsequently his home was trashed twice. City Administrator Hedges stated that the City did receive a letter late on Friday, January 7 that was given to the City Council this past week, which was followed by another letter regarding the malicious activity that occurred to his house. He said that he contacted Mr. Barbour and explained why the letter had not been disseminated to the Council. He further said that he and Mr. Barbour had a pleasant and positive conversation. Mayor Awada said that Mr. Barbour has accused some of the counci1members of egging his house. Counci1member Carlson stated that the Council did not retaliate in response to the letter because they had not seen it prior to the incident. Jeff Gregory, 1322 Deercliff Lane, stated that the issues in Eagan seem to always involve backbiting. He said that perhaps the formation of Eagan OPEN was necessary and will ensure that everything is on the table and that government is community and tax-payer oriented. 00021. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 3 Counci1member Masin stated that the National League of Cities is trying to raise the competence of local officials and has provided a host of resources for the public that will be put on the City's web site. pl.W;~TMijt-tt.:~R..llW$m~$$ VIDEO PRESENTATION, EAGAN 1999 YEAR IN REVIEW Mayor Awada provided an overview on this item. A video presentation was shown. DELITE OUTDOOR ADVERTISING - DEDICATED BILLBOARD City Administrator Hedges provided an overview on this item and showed a picture of the proposed billboard face being dedicated by DeLite Outdoor Advertising to promote the City of Eagan. ................................................................................................. g.."E....C....OG....""..N.."'..rr....'I..'O.."N.."..S...."&...'p..'1{E........'S..'E..'NJl..'......A!"..,'Jl......O....N..'..'g'.. . .. . . . . . ." . . : ..; .:: .::=::. :::. ~ ?:':: ;.:. ,: :;: ::= :" :::. :.." ~ . ::? '.} ";.' .': .: . : : < ::: ::::" . ';:: :: :.':::': < :.: . ...............................................................~................................. ................................................................ ................................ PRESENTATION BY DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP City Administrator Hedges provided an overview on this item. Steve King from the Dakota County Economic Development Partnership provided an update on recent activities of the Partnership. He provided copies of the Partnership's newsletter. Counci1member Bakken asked him if he had received a copy of the development and business assistance policy identifying the economic toolbox approved by the City. City Administrator Hedges said that he would have Assistant City Administrator Verbrugge send Mr. King a copy of the policy adopted by the Council. Councilmember Masin asked about the relationship between the County of the Future and the Partnership. Counci1member Blomquist said that her feelings have changed to some extent regarding the benefit the City can receive from being a member of the Partnership. She suggested that staff review whether it would be beneficial for the City to rejoin the Partnership. City Administrator Hedges suggested that the EDC reexamine the benefits of being a member. Counci1member Blomquist moved, Counci1member Bakken seconded a motion to direct the EDC to review membership in the Dakota County Economic Development Partnership and provide a recommendation regarding the City's membership in this organization. Aye: 5 Nay: 0 CENsuslioooGPEt&TE ................................,.......................................................................... City Administrator Hedges provided an overview on this item. He mentioned that the Census Readiness Event is scheduled for February 8 at the Eagan Fire Administration Building. A video was shown regarding the importance of an accurate census count. ....................................................... 6hxtS"''CXi'-T':'A;''rl'<:r&tO'' "::A:' ~-0i:~~' . .:~li:,::i:fn~~l:': ::-.~ ....................................................... .....................,................... .......... A. Personnel Items Item 1. It was recommended to approve the hiring of Nick Burt as a maintenance worker at the Civic Arena and Cascade Bay. Item 2. It was recommended to approve the hiring of Kelly Lintz as a seasonal Sports Program Associate. Item 3. It was recommended to approve the hiring of Kelly Hvinden, Chris Colbert, Jessica Darling and&Megan Linville as seasonal warming house attendants. Item 4. It was recommended to approve the hiring of Michael Tubbs as a seasonal program leader. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18,2000 PAGE 4 00022 Item 5. It was recommended to approve the hiring of Sarah Kranz as a seasonal preschool program assistant. Item 6. It was recommended to approve the hiring of Cindy Yang as a seasonal preschool program assistant substitute. Item 7. It was recommended to approve the hiring of Alison Wright, Katie Pastorius, Shannon Dunleavy and Susan Casey as seasonal lifeguards at Cascade Bay. Item 8. It was recommended to approve the hiring of Kassandra Dem! as a seasonal lifeguard shift leader at Cascade Bay. Item 9. It was recommended to approve the hiring of Patrick Budion as a seasonal concessions shift leader at Cascade Bay. Item 10. It was recommended to approve the hiring of Brandon Mason and Lindsey Dulin as seasonal guest relations workers at Cascade Bay. B. Final Plat, Ballantrae 2nd Addition - Aurora Investments, LLC. It was recommended to approve a Final Plat (Ballantrae 2nd Addition) consisting of one lot at 3800 Ballantrae Road, south of Silver Bell 00-05 Road, in the NW % of Section 20. C. Final Plat, Carriage Hills Club House Addition - Rahn Family Partnership. It was recommended to approve a Final Plat (Carriage Hills Clubhouse Addition) to allow the creation of a five acre parcel of 00-06 land within the Carriage Hills Country Club located south of Yankee Doodle Road and west of Wescott Woodlands in the NW 1/4 of Section 14. D. Addition to the 2000 Comprehensive Fee Schedule. It was recommended to approve an addition to the 2000 Fee Schedule. E. Confirmation of Findings of Fact, Conclusions & Resolution of Denial, New Earth Services, commercial/multi-family and residential trash hauler license. It was recommended to confirm the Findings of Fact, Conclusions & Resolution of Denial of the commercial/multi-family and residential 00- 0 9 trash hauler licenses for New Earth Services, Inc. as revised. F. Off-Sale liquor license for Haskell's, Ine. It was recommended to approve an off-sale liquor license for Haskell's, Ine. located at 2260 Cliff Road. G. Project 680, receive feasibility report, schedule public hearing (Cliff Road - Streets & Utilities). It was recommended receive the draft Feasibility Report for Project 680 (Cliff Road - Streets & Utilities) and schedule a public hearing to be held on February 15, 2000. H. Approve Joint Powers Agreement, street maintenance and traffic markings contractual services. It was recommended to approve the 2000 Joint Powers Agreement for street maintenance and authorize the Mayor and City Clerk to execute all related documents. I. Request Municipal State Aid route revisions/ designations. It was recommended to approve resolutions requesting the Commissioner of Transportation's approval of the deletion of Wescott Hills Drive (Wescott Road Yankee Doodle Road) from the Municipal State Aid (MSA) system and the addition of MSA street designation for Duckwood Drive (Denmark Avenue to Lexington Avenue). J. Proiect 768, authorize preliminary engineering/funding application report (Northwood Drive - Ring Road Overpass). It was recommended to authorize the preparation of a preliminary engineering and funding application report for Project 768 (Northwood Drive - Ring Road Overpass). K. Renewal of Sentence to Service work contract with Dakota County. It was recommended to approve the renewal of a one-year contract with Dakota County for the provision of Sentence to Service work crews and authorization for the Mayor and Clerk to execute the agreement. 00023 EAGAN CITY COUNCIL MEETING MINUTF5; JANUARY 18,2000 PAGES L. License renewals for the year 2000, pet shop and tree contractor. It was recommended to approve the pet shop and tree contractor license renewals for the year 2000. M. Residential, trash hauler licenses for Tennis Sanitation, Nitti Sanitation and Superior Services and Construction/Demo hauler license for Waste Tech and Haugen's Haulers. It was recommended to approve residential trash hauler licenses for Tennis Sanitation, Nitti Sanitation and Superior Services and construction/demo hauler licenses for Waste Tech and Haugen's Haulers. Counci1member Bakken moved, Mayor Awada seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 mP.l.QiiE~G$ ADOPT RISK MANAGEMENT PLAN, CITY WATER TREATMENT FACILITIES This item was inadvertently scheduled for the January 18 City Council agenda. The public hearing was published for February 1. COMMUNITY ACTIVITY CENTER City Administrator Hedges provided an overview on this item. Counci1member Carlson moved, Counci1member Bakken seconded a motion to open the public hearing to receive input and direct staff and the central park task force to take input and further define space requirements, financial commitments and design elements for the community center to be brought back for Council and public review. Mike Williams, co-founder and organizer of EspressFest, expressed his support for a band shell. Pat Thomas, Eagan business owner, stated that she has been an active member of the Fourth of July committee and encouraged the Council to find a place for community functions. She asked the Council to consider how the location of the community center will impact the location for the fireworks display on the site. She said that the location of the sprinkling system should be taken into consideration as well so it does not restrict future development of the site. John Willenberg, member of the Knights of Columbus and the Fourth of July committee, stated that a site is greatly needed for the Fourth of July celebration. He commended the City Council on their decision to build Cascade Bay and encouraged them to move forward on the proposed community center. Counci1member Masin referenced the failed referendums for other similar facilities and asked for suggestions as to how the City could improve the process. Mr. Willenberg mentioned that task forces were utilized in the past and stated that he did not think that much needed to be changed. Counci1member Carlson noted that public hearings are typically held at the end of the process; however, the Council decided to solicit feedback from the public regarding a proposed community center at the beginning of the process. Mr. Willenberg said that it is a good idea for the Council to get public input before too much time and effort is put into it. Barry Shillingford, 1849 Turquoise Trail, reiterated the need for a location to conduct the fireworks display. He said the Council should emphasize and give consideration to the outdoor features of the site, i.e. walkways, cross country ski trails. Dick LeMay, 1385 Jurdy Road, expressed his excitement and support for the project. Tom Wallin stated that the demographics indicate that a large base of younger kids will be utilizing the facility. He added that the community has to have faith that the elected officials and staff will ensure a good project. He said that if the facility pays for itself there is no downside. He encouraged the City Council to move on this issue and added that most failed referendums did not have a broad base of support. 00024 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 6 There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Counci1member Carlson stated that there is a strong push to hold a bond referendum right way; however, the City Council has a responsibility to answer certain questions regarding finandals, land acquisition and space requirements. She further stated that the task force's efforts combined with public input will help the Council to be able to provide concrete information. Counci1member Bakken said that he was encouraged by the information he has seen to date but said that there needs to be more before the Council is ready to proceed with a referendum. Counci1member Carlson added that she would like the task force to provide information on the financing component as it relates to the operating costs of a completed facility. Councilmember Blomquist said she was exdted about the project and said that the location and the timing are opportune. She offered an amendment to the motion to direct the task force to explore any public/private partnerships that would be beneficial to the success of this project, to explore phasing options and recommend an election date for a referendum to provide financing for the project. Mayor Awada stated that staff is investigating the possibility of public/private partnerships and said she did not believe community center revenues would cover debt service but should pay operating expenses. Counci1member Carlson accepted Counci1member Blomquist's amendment. She said the Council should refrain from hiring a consultant. Clyde Thurston, member of the central park task force, stated that it would be beneficial to have a master plan and added that task force members would not have that type of expertise and suggested that staff or an outside planner be responsible for this task. Mayor Awada said that the Council should wait on hiring an outside consultant. Counci1member Masin expressed her support of obtaining more information and added that the Council needs to think about the reasons that past referendums have failed. Counci1member Bakken requested staff gather information from other community center facilities regarding the cash flow of each component. A vote was taken on the motion. Aye: 5 Nay: 0 V ARIANCE, BRANDT ENGINEERING LOT 8, BLOCK 2, GARDENWOOD PONDS FOURTH ADDITION - 3877 BIG TIMBER TRAIL City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Counci1member Carlson seconded a motion to approve a 3 foot Variance to the 30 foot side yard setback requirement (from a public street) for Lot 8, Block 2, Gardenwood Ponds 4th Addition located in the NE V4 of Section 23. 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: 5 Nay: 0 VACATION OF A PUBLIC DRAINAGE & UTILITY EASEMENT (LOTS 2 AND 3, BLOCK 1, BELL LEXINGTON ADDITION) FINAL PLAT AND VARIANCE - U.S. WEST AND HONSA LIGHTING (BELL LEXINGTON 2ND ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. 00025 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 7 Counci1member Bakken moved, Counci1member Masin seconded a motion to approve the Vacation of public drainage and utility easements within Lots 2 and 3, Block 1, Bell Lexington Addition and authorize the Mayor and City Clerk to execute all related documents. 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: 5 Nay: 0 Counci1member Bakken moved, Mayor A wada seconded a motion to approve a Final Plat to 00 _ 0 7 replat Lots 2 and 3, Block 1, Bell Lexington Addition as a single parcel (Lot 1, Block 1, Bell Lexington 2nd Addition). Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Variance to allow a zero side-yard setback for pavement and parking for a shared driveway along the common lot line between existing Lot 1, Block 1, Bell Lexington Addition and Lot 2, Block 1, Bell Lexington Addition (proposed Lot 1, Block 1, Bell Lexington 2nd Addition) subject to the following conditions: 1. Cross easements for ingress and egress shall be established and the easement documents recorded at Dakota County. 2. Concrete curb and gutter shall be established around the Honsa Lighting parking lot, as well as for new parking areas and along the new driveway. 3. Trash dumpster enclosures meeting the requirements of the City Code shall be constructed for each building. 4. 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. Aye: 5 Nay: 0 PROJECT 784, LOUIS LANE (STREETS AND UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mark Hanson, Bonestroo, Rosene, Anderlik & Associates, discussed the project in detail. Mayor Awada opened the public hearing to anyone wishing to speak. She said that she understands the property owners' concern about the assessment amounts and added that discussion about final assessments will occur in the fall at the time of the final assessment hearing. Joe Christenson, attorney representing the Schaafs, commented on an agreement made in 1970 between the Schaafs and the City in which the Schaafs granted the City an easement for a lift station and also a roadway easement. He said that a condition of that easement was that the City would not improve the road until the Schaafs requested it. He further said the Schaafs have not indicated whether they will oppose or waive their rights. He stated that there are some issues regarding the functionality of the Schaaf property. He requested a copy of the appraisal and a breakdown of the amount of easement acquisition. He noted that the General Business zoning classification would impact the amount of spedal benefit. He further noted that access to TH 55 is the main reason for the Louis Lane improvement and the Schaafs' benefit is nominal because they do not want or need a public street. He stated that the City should pay a larger share of the assessment because the street will benefit the entire 00026 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY IS, 2000 PAGES neighborhood. He said that the Cherrywood Knoll development is a major driving force behind this road improvement and the special benefit to that development should be much larger. Counci1member Masin requested a copy of the agreement between the Schaafs and the City. Frank Huml, 3415 Highway 55, stated that he does not need the road because he has his own private road and added that the assessment is unfair. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson stated that if Mr. Huml's easement were acquired through condemnation he would likely receive enough money to pay his assessment and have additional money left over. Director of Public Works Colbert said that some assumptions are being made with regard to the cost of acquisition and negotiations. He added that the value of the land would likely offset the assessment benefit. Discussion occurred on how the assessments were calculated. Counci1member Blomquist questioned the location of the proposed lift station in relation to Mr. Huml's house and the noise level. Director of Public Works Colbert explained that the lift station will be located as close to the TH 55 right-of-way as possible or it may even be located within the right-of-way with MnDOT's approval. He further explained that the substation will be submerged and only the electrical control panel will be visible. He added that operation of the substation is very quiet. Counci1member Masin reiterated her concern about the existing agreement between the Schaafs and the City. City Attorney Sheldon explained the eminent domain process. Counci1member Bakken added that any agreement could be subject to the eminent domain process. Counci1member Carlson raised a question about the amount of activity at the current lift station. Director of Public Works Colbert explained that this lift station is older and requires more maintenance. He noted that even new lift stations require routine preventative maintenance. Counci1member Blomquist said that the improvement to Louis Lane would not result in an increase in property values. She added that if the Schaafs and Humls do not develop their property they would not receive any benefit. Councilmember Carlson stated that the General Business zoning use on the Schaaf property has been maximized. She said she would question whether subdivision of Mr. Huml's property is likely. Mayor Awada suggested that staff look at the potential for subdivision of the Huml property to be considered at the time of the final assessment hearing. Counci1member Bakken moved, Mayor Awada seconded a motion to approve Project 784R (Louis Lane - Street and Utility Improvements) and authorize the preparation of detailed final plans and specifications and the acquisition of easements through the eminent domain quick-take process, if necessary. Counci1member Bakken stated that the assessment issues should be discussed at the time of the final assessment hearing. Counci1member Masin said that she would be voting against this item because of her reservation about the details of the agreement between the Schaafs and the City. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Masin and Blomquist opposed) The motion failed for lack of a four-fifths vote. Counci1member Bakken questioned if the City needed to control or restrict access on a private road. Director of Public Works Colbert said that the City has no obligation to MnDOT at this time. He added that MnDOT would not allocate funds for the improvement. Councilmember Bakken asked how the failed project would impact the funding being allocated by MnDOT. Director of Public Works Colbert stated that the City's application for the frontage road project is being considered at this time and it is possible that the denial of the Louis Lane project would result in a loss of $250,000 from MnDOT. 00027 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 9 Counci1member Masin suggested continuing the project until there is some resolution regarding the agreement between the Schaafs and the City. Director of Public Works Colbert explained that there is no formal contract or agreement with the Schaafs. Counci1member Blomquist stated that in the case of Country Home Heights and Oak Pond the City assured the property owners of the assessment amount prior to the assessment hearing. She further stated that there is no benefit to the property owners at this time and they should not be assessed. Mayor Awada said that Counci1member Blomquist has made it clear that she does not support special assessments; however, most state law, the City Attorney and the assessors are in disagreement with her position. Counci1member Blomquist noted that her argument is with how the benefit is perceived and the fact that property owners are not able to see the appraisals. Counci1member Carlson said that the City Council has the option to defer assessments until such time that a property owner develops their property. Counci1member Masin suggested that staff and the Schaafs work to resolve the issue involving the agreement with the City. Mayor Awada said that the Council has regularly deferred assessments at the time of the final assessment hearing. Counci1member Bakken noted that a lot of the issues being discussed are not related to the item before the Council. He stated that if there is a public benefit to constructing the road it is necessary to take land for such a public purpose and is not just based on whether it benefits the surrounding property owners. Counci1member Carlson said that she does not believe that the Cherrywood Knoll development is the reason the improvements to Louis Lane are necessary but rather that MnDOT wants to remove dangerous access points. Counci1member Masin moved, Councilmember Bakken seconded a motion to reconsider the previous motion. Aye: 5 Nay: 0 Counci1member Masin moved, Councilmember Bakken seconded a motion to continue Project 784R (Louis Lane - Street and Utility Improvements) to the April 4, 2000 City Council meeting to allow staff time to work with the Schaafs in an effort to seek resolution in regard to the agreement between the Schaafs and the City. Aye: 5 Nay: 0 Director of Public Works Colbert asked if the Council wanted staff to negotiate with the Schaafs regarding easement acquisition. Councilmember Bakken said that a determination must be made regarding the validity of the contract between the City and the Schaafs. Mr. Christenson stated that the Schaafs are concerned about the cost of the assessment and the impacts to the site. Mayor Awada suggested that Mr. Christenson meet with staff to determine specifically what his client wants to resolve. Counci1member Carlson stated that the City might need to close access to TH 55 if Louis Lane is not upgraded. Counci1member Bakken stated that access to Louis Lane would need to be closed at Chapel Lane. Mayor Awada recessed the meeting at 9:35 p.m. The meeting was reconvened at 9:45 p.m. Counci1member Bakken moved, Counci1member Carlson seconded a motion to move New Business Items A and B ahead of Organizational Business. Aye: 5 Nay: 0 ............................'.............-.-.-.-...,.......... j('i'ift~j:'BTts' "'j:j(i'ttctS f.~~~i:!:r_.:::.~*~..::.;*~:~..:...: REZONING & PRELIMINARY SUBDIVISION (MURPHY FARMS 3RD ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report and said that the Advisory Parks Commission recommended Alternate C. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 10 00028 Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Rezoning of approximately 12.7 acres from A (Agricultural) to R-l (Single Family) located north of Murphy Parkway and east of Donegal Way in the northwest % of Section 21. Ray Miller, applicant, stated that the park dedication was paid for by the previous developer of Murphy Farms 1st and 2nd Addition. He further stated that Alternate C would involve City acquisition of Lot 18 for the purpose of preservation and protection of Blackhawk Park and the neighborhood views. Mayor Awada asked about the acquisition cost of Lot 18. Director of Parks and Recreation Vraa stated that the revenue scenario proposed by the developer involves acquiring a portion of Lot 18 for $90,000. Counci1member Carlson asked if the plat could be reworked to avoid an intrusion on the park. Mr. Miller stated that they have looked at several platting alternatives. John Ward, 1634 Murphy Parkway, expressed his concern about the impact a house located on Lot 18 would have on Blackhawk Park. He urged the Council to acquire Lot 18. Mayor Awada stated that the driveway to Lot 18 is unattractive. She said there has to be a less costly alternative than purchasing Lot 18. She indicated she was supportive of the rezoning, but purchasing a half-acre of land for $90,000 was too costly. Councilmember Masin stated that the City has spent a lot of money for Blackhawk Park and suggested the preliminary subdivision be continued to allow the developer to work out another alternative. Counci1member Carlson said that trying to squeeze an extra lot into the plat is not acceptable. She further said that the Council should continue both items until a plat is proposed that fits the R-l zoning designation. Mr. Miller stated that the contract with the landowner is in jeopardy if the property is not closed on by tomorrow. He noted that the APC did not identify any issues with the plat and added that they have worked very hard with the APrC to get the number of lots and the revenue they need from this subdivision. He said that if the City does not purchase Lot 18 for $90,000 they are at risk of losing their revenue model. Mayor Awada stated that the City Council needs to get the best deal for the public at large. She further stated that the land will ultimately develop but the cost of Lot 18 is too prohibitive for the City to purchase. Counci1member Carlson added that the conservation easement along Lot 18 would not be built upon due to the steep grade. Discussion continued regarding changing the configuration of the other lots to obtain additional revenue. Wendy Murphy, landowner, mentioned that her father-in-law has given several donations to the City. She further mentioned that the topography of the site poses problems for development. Discussion occurred regarding the purchase price of Lot 18. Mr. Miller stated that, following a brief discussion with the Murphys, they would be willing to lower the purchase price of the land $20,000 which would reduce the price of Lot 18 to $70,000. Additional discussion occurred regarding increasing the lot sizes of the other lots to recoup some of the cost. Mayor Awada said she would be willing to consider the purchase of Lot 18 (Alternate D) for $50,000. A vote was taken on the rezoning. Aye: 5 Nay: 0 Mayor Awada moved, Counci1member Masin seconded a motion to approve Alternate C as shown on Exhibit D of the Preliminary Subdivision entitled the "Murphy Farms 3rd Addition" located north of Murphy Parkway and east of Donegal Way in the northwest of % of Section 21 subject to the following conditions: 1. The property shall be platted. 00029 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 11 2. The total lot count of the subdivision shall be 24. . The City shall purchase approximately 25,000 SF for park purposes for a maximum of $50,000. The developer shall dedicate a conservation easement as shown on Exhibit C. 3. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: A1, B1, Cl, D1, E1 4. The following lot modifications shall be made: The area of Lot 19 shall be expanded from 11,997 to 12,000 square feet The widths of Lot 4 and Lot 6 shall be expanded from 82 to 84 feet respectively to 85 feet 5. Existing well and septic systems on the site shall be abandoned in accordance with County and City requirements. 6. Cash trailway dedication payment is required prior to the issuance of any building permit. 7. Individual tree preservation plans will be required for Lots 1-3, 5, 7-16,21-24. 8. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to 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. 9. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection 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 fencing. 10. A cash dedication in lieu of on-site ponding shall be required for 40 percent of the area (5.1 acres) of this development. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - MENDOT A HOMES (OAKWOOD HEIGHTS 2ND ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada moved, Counci1member Carlson seconded a motion to approve a Preliminary Subdivision to divide the common property for Oakwood Heights Condominiums to establish a separate association, for the seven-unit building being constructed north of the two existing buildings, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by the Council on February 3, 1993: A1,B1,B4,C4,Gl,Hl 2. The property shall be platted. 3. A landscape plan that provides similar plant materials and similar design shall be submitted as part of the final subdivision process. 4. A cash dedication for water quality shall be required in lieu of on-site ponding. Aye: 5 Nay: 0 00030 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 12 gOOQ~t;~i1NR')fg~i~~G'tgNQti):QRm~~WIWN*1i:~'QS~$$ City Administrator Hedges provided an overview on this item. Lori Hall, reporter for Thisweek Newspapers, stated that she would no longer be covering the Eagan area since she had accepted an assistant managing editor position with Thisweek and will now be working in Lakeville. Councilmember Masin stated that she is going through the commission appointment process with reservation because she had suggested the Council discuss the process prior to the appointments or wait until after the litigation to conduct the appointment process. Councilmember Bakken stated that he was leaving for boot camp in Fort Benning, Georgia for the Army National Guard and will be absent the City until early April. A. ADVISORY COMMISSION APPOINTMENTS: 1. Economic Development Commission: Gary Morgan and Karl Oestreich were re- appointed to three year terms; Tim Dunn and Hugh Fitzgerald were appointed to three year terms. 2. Advisory Planning Commission: Ryan Kaess and Mark Nosbush were appointed to three year terms and Gale Anderson was appointed to a one year alternate term. 3. Solid Waste Abatement Commission: Rick Patraw was re-appointed to a three year resident term; Gary Hansen was appointed to a three year resident term and Linda Merkel was appointed to a two year resident term. Mayor Awada moved, Counci1member Bakken seconded a motion to appoint Clint Hooppaw to a one year alternate term. Aye: 5 Nay: 0 The business representative position was left vacant at this time due to the lack of available candidates. 4. BurnsvillefEagan Telecommunications Commission: Maggie Jensen was re-appointed to a three year term and Bill Raker was appointed to a three year term. Mayor Awada moved, Councilmember Masin seconded a motion to appoint Alan Miller to a one year alternate term. Aye: 5 Nay: 0 5. Airport Relations Commission: Eric Drenckhahn and Ted Gladhill were re-appointed to three year terms; Alice Kreitz was appointed to serve one year of an unexpired three year term and Hassan Saffouri was appointed to a one year alternate term. 6. Advisory Parks Commission: Terry Davis was re-appointed to a three year term; Cyndee Fields and Dorothy Peterson were appointed to three year terms. ' Counci1member Masin moved, Councilmember Blomquist seconded a motion to appoint Floyd Hiar to a one year alternate term. Aye: 5 Nay: 0 B. ACTING MAYOR: Mayor Awada appointed Counci1member Carlson to serve as Acting Mayor in her absence at City Council meetings and other activities pertaining to the City of Eagan. C. OFFICIAL LEGAL NEWSPAPER: Mayor Awada moved, Counci1member Bakken seconded a motion to approve the retention of Dakota County Tribune/This Week Newspapers as the City's offidallegal newspaper. Aye: 5 Nay: 0 00031. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 13 D. CITY COUNCIL MEETINGS: Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the 2000 Schedule of Council Meetings, designating the first and third Tuesdays of the month at 6:30 p.m. for regular City Council meetings, with the exception of March 7, wherein the date of March 6 was approved as the alternate date, July 4, wherein the date of July 5 was approved and November 7, wherein the date of November 6 was approved. Aye: 5 Nay: 0 E. CITY COUNCIL MEETING PROCEDURES: It was suggested that the Council Meeting Cablecasting section of the Eagan City Council Meeting Procedures and Public Participation Guidelines be updated to reflect accurate replay times of Council meetings. Mayor Awada stated that number 4 under Meeting Conduct Guidelines should be changed as follows, "At public hearings, all questions and remarks from a member of the audience are limited to four (4) minutes and shall be addressed to the Mayor." Mayor Awada suggested that the Consent Agenda portion of the handout be revised to state that an item can be separated from the Consent Agenda by a majority vote of the City Council at the time of the regular agenda adoption. Counci1member Masin stated that anyone should be able to pull items from the Consent Agenda. She said that the Eagan City Council is the only governing body that she is aware of that follows this procedure for the Consent Agenda. Mayor Awada stated that if an issue requires a separate vote it is appropriate to separate the item from the Consent Agenda by a majority vote of the Council. She explained that the reason a majority vote is required to separate an item is so that the minority opinion does not rule. Counci1member Masin added that only items that are non-controversial are supposed to be on the Consent Agenda. She further added that City Administrator Hedges had asked other managers about their procedure at a manager's meeting. The City Administrator responded that Eagan's current process is an anomaly. 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. Councilmember Masin said that City Administrator Hedges has polled several local 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. City Administrator Hedges stated that he was not aware of any and added that a sampling of other communities was done and added that he will provide a survey of those results. Councilmember Masin suggested that the Council not use a Consent Agenda and added that it is only to be used for routine items needing little or no deliberation. 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. Councilmember Carlson moved, Councilmember Bakken seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings and 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 special City Council meeting. A vote was taken on the motion. Aye: 5 Nay: 0 F. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS: Mayor Awada noted that Counci1member Masin indicated that she no longer wanted to serve as the City's representative on the MVT A Board. Councilmember Masin said that several of the cities' mayors serve in this capacity and stressed the importance of this 00032 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18,2000 PAGE 14 board. Counci1member Carlson stated that she would not be a good fit for this position. Mayor Awada appointed Counci1member Bakken to the Board but asked Councilmember Masin if she would be willing to serve on the Board until Counci1member Bakken returns in April. Councilmember Masin said that continuity should be established with another representative. Mayor Awada appointed the following Councilmembers to serve on standing committees: Finance Committee: Counci1member Blomquist (Chair) and Counci1member Masin Public Works Committee: Counci1member Bakken (Chair) and Counci1member Blomquist Personnel Committee: Counci1member Carlson (Chair) and Counci1member Bakken Census Committee: Counci1member Blomquist (Chair) and Counci1member Masin Millennium Committee: Counci1member Masin (Chair) and Mayor Awada Minnesota Valley Transit Authority Board: Counci1member Bakken School District #191: Counci1member Masin School District #196: Counci1member Carlson School District #197: Mayor Awada History- Committee: Counci1member Blomquist Municipal Legislative Commission: Mayor Awada G. OTHER APPOINTMENTS: 1. MASAC Representatives. Mayor Awada moved, Counci1member Bakken seconded a motion to approve the appointment of Jamie Verbrugge as a member to the Metropolitan Aircraft Sound Abatement Council and directed the Airport Relations Commission to make a recommendation for the remaining member position. Aye: 5 Nay: 0 City Administrator Hedges distributed a copy of a list identifying the various organizations he is involved with and suggested that the Council could use this as a guideline in preparing a similar list highlighting their involvement with other organizations. """'..".."""".""'.."""""""""......'NE5'.."......,..',.""5'....' , ' ..." ....... . ..... .. . NmJU1~U,::..,",",:,' CDBG FUNDING FOR FISCAL YEAR 2000 City Administrator Hedges provided an overview on this item. Counci1member Bakken moved, Counci1member Masin seconded a motion to allocate FY 2000 CDBG funding as follows: Home Swap (Senior Housing) Housing Rehabilitation Loans Wescott Youth Services Homeownership Assistance Eagan PD Presence/Wescott Cedarvale Blight Fathers and Families (RCFF) Total $100,000 $ 60,000 $ 9,632 $ 10,000 $ 20,000 $ 40,000 $ 1,000 $240,632 Aye: 5 Nay: 0 00033 EAGAN CITY COUNCIL MEETING MINUTF5; JANUARY 18, 2000 PAGElS Counci1member Bakken moved, Mayor Awada seconded a motion to adopt a resolution 00-10 authorizing the City Administrator to submit the CDBG Program applications, per Council distribution direction, to Dakota County. Aye: 5 Nay: 0 tl.l!~t.Sti~T!M~.GQM~mNOOI.I:Iff.jJ.t<.s RESOLUTION SUPPORTING THE DAKOTA COUNTY CITY AND COUNTY MANAGERS' RECOMMENDED LEGISLATIVE ISSUES FOR THE 2000 SESSION City Administrator Hedges provided an overview on this item. Counci1member Bakken moved, Counci1member Masin seconded a motion to approve a 00 - 0 8 resolution supporting the Dakota County City and County Managers' recommended legislative issues for the 2000 session. Aye: 5 Nay: 0 MI$U:QR$:OCQ:J~ltfm.m Joe Bari said that he did not want the City to make the same mistakes as ISD 196 with regard to the referendum for the central park. He stated that the public should be provided with adequate information and the referendum should be well-marketed. Imlt1WB~ The meeting adjourned at 11:30 p.m. JANUARY 18, 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). 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.