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01/05/1999 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 5, 1999 00001 A regular meeting of the Eagan City Council was held on Tuesday, January 5, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Bakken and Carlson. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. OATH OF OFFICE Finance Director/City Clerk VanOverbeke administered the Oath of Office to Mayor Awada and Councilmembers Carlson and Bakken. Introductions of family members were made by Mayor Awada and Councilmembers Carlson and Bakken. Mayor Awada noted that City Council meetings will be conducted in a more formal manner following Robert's Rules of Order. She mentioned that the seating arrangement has been changed to allow her to more easily see all of the Councilmembers. AGENDA Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE DECEMBER 15, 1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as amended to incorporate the inadvertent omission of discussion and conditions by the Recording Secretary as follows: In regard to Page 8, Paragraph 6: Councilmember Masin stated that she believes the neighborhood has been shortchanged and doesn't understand how a building that requires over 600 parking spaces fits within the definition of limited business use. Senior Planner Ridley stated that limited business permits office use and that the juxtaposition of office and residential developments is an appropriate transition. He stated that the site has been desizned to limit disturbance on the neighbors bl/ excludinz activity between the physical building and the residential neighborhood. Councilmember Wachter expressed concern about installing a cul-de- sac because police and fire services will be delayed by the lack of direct access. Page 10, Condition 20 should be eliminated. Page 10, Condition 21 should be number 20. Page 10, add Condition 21 and 22: 21. At the developer's expense, the following traffic related improvements shall be implemented prior to building occupancy: A. Access to the site from Heritage Lane shall be modified by constructing a center triangular median to direct exiting traffic onto southbound Heritage Lane. B. Restricted left-turn signage shall be installed at the egress from the site onto Heritage Lane and on Highway 13 at Letendre Street. C. The Heritage Lane approach to Yankee Doodle Road shall be re-striped into two southbound lanes and one northbound lane. The southbound lanes shall be an exclusive left-turn only and a combined through/ right-turn lane. Such re- striping shall require the relocation of the traffic sensors implanted in the EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 2 00002 roadbed. The south leg (Blue Cross Road) shall also be re-striped to provide a matching mirror image lane configuration of the Heritage Lane approach to Yankee Doodle Road. 22. Additional coniferous tree plantings shall be provided along the site's eastern boundary to visually screen the proposed office building from adjacent residential properties. A vote was taken on the motion. Aye: 3 Nay: 0 (CounciImembers Bakken and Carlson abstained since they were not Councilmembers at the time of this meeting.) MINUTES OF THE DECEMBER 29, 1998 SPECIAL MEETING Councilmember Blomquist asked who could move to approve these minutes. City Attorney Sheldon stated that it was his understanding that those members of the Council in attendance at the meeting could move the approval of the minutes. There was also a question raised about who could second the minutes since only one member of the current City Council was present at the meeting on December 29. City Attorney Sheldon said that the CounciImembers who were at the meeting should be the ones to approve the minutes and if Mayor A wada was the only one present she would have to take action by herself. Mayor A wada moved, Mayor A wada seconded a motion to approve the minutes as amended on Page 2, Paragraph 1 as follows: Councilmember Awada moved, Councilmember Wachter seconded a motion to direct staff to set up a task force that will deal with election issues, sign issues, and also the partisan issues and to seek direction from the incoming Council on how to set this up. A vote was taken on the motion. Aye: 1 Nay: 0 (Councilmembers Masin and Blomquist abstained since they were not in attendance at the meeting and Councilmembers Carlson and Bakken abstained since they were not Councilmembers at the time of this meeting.) DEP ARTMENT HEAD BUSINESS Fire Chief Jenson commented about the completion of the Fire Administration Building. Councilmember Masin mentioned that the new Council has held a retreat prior to the new year and commended all of the CounciImembers for agreeing to do this. She added that the facilitator being used by the Council was in the audience and she further commented on changes that will be undertaken by the Council and asked the public to provide feedback on these changes and any additional suggestions. CONSENT AGENDA Mayor A wada asked the Council how they would prefer to handle those consent agenda items requiring further discussion. Councilmember Blomquist stated that she would like to handle those consent items requiring further discussion as part of the consent agenda instead of moving an item to another part of the agenda unless it is warranted. She added that discretion needs to be used in determining if an item should be placed on the consent agenda. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to separate, by motion, those consent items requiring further discussion from the consent agenda and to discuss them EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 3 00003 immediately following approval of the consent agenda unless they relate to another item later in the agenda. Aye: 5 Nay: 0 Councilmember Blomquist moved, Mayor Awada seconded a motion to separate Items C, D, E and I from the consent agenda. Aye: 5 Nay: 0 In regard to Item R, Tobacco License, Pro Stop located at 850 Lone Oak Road, Councilmember Masin noted that the City Council recently strengthened the ordinance regulating tobacco sales and said that the City has not taken a real strong stand against smoking. She added that teens need to be given more support from the community to help them abstain from smoking. A. Personnel Items Item 1. It was recommended to approve the hiring of Pam Giles as a Dispatcher in the Eagan Police Department. Item 2. It was recommended to approve the hiring of Jennifer Nelson as a Clerical Technician II in the Parks & Recreation Department. Item 3. It was recommended to approve the hiring of Angela Ellison as a Clerical Technician III for the Maintenance facility. Item 4. It was recommended to approve the hiring of Lindsay DeBates, Scott Ellingson, Brian Heaver, Dan Klug, Ben Koenke, Ann Marie Morin and Lori Seavers as part-time seasonal winter recreation leaders. Item 5. No action was required on this item. For the Council's information, the Department of Parks & Recreation will host Randy Ragner, a Minnesota State University student at Mankato, for his undergraduate practicum this winter. Mr. Ragner will not be considered an employee of the City of Eagan. B. Exemption from lawful gambling license, South Metro Chapter of the Minnesota Deer Hunters 99-1 Association, to conduct a raffle at the Royal Cliff Banquet Facility on February 26,1999. It was recommended to approve an exemption from the lawful gambling requirement for the South Metro Chapter of the Minnesota Deer Hunters Association to conduct a raffle at the Royal Cliff Banquet Facility on February 26, 1999. C. Proiect 733, McKee Addition assessment roll amendment (EZ Air Park). This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by Mayor Awada. Aye: 5 Nay: O' D. Project 754, present feasibility report/ order public hearing (Hilltop Estates - Street Rehabilitation Overlay). This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by Mayor Awada. Aye: 5 Nay: 0 E. Proiect 755, present feasibility report/ order public hearing (Meadowlands 151 Add. - Street Rehabilitation Overlay). This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by Mq,yor Awada. Aye: 5 Nay: 0 F. Grant application, Minnesota Auto Theft Prevention Program. It was recommended to approve a 99-2 resolution authorizing the City of Eagan to enter into a cooperative agreement with the State of Minnesota for the project entitled Minnesota Auto Theft Prevention Program. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 4 00004 G. Tobacco License renewaL Blackhawk Liquor located at 4130 Blackhawk Road. It was recommended to approve the 1999 license renewal for Blackhawk Liquor located at 4130 Blackhawk Road. H. Approve application, SEP Grant. It was recommended to authorize the submission of applications seeking Supplement Environmental Project (SEP) Grant funds from Koch. I. Change Order, Cascade Bay. This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by Mayor Awada. Aye: 5 Nay: 0 J. Modification - Planned Development (Lexington Pointe Thirteenth Addition - Walgreens). It was recommended to approve a change to a condition of the Planned Development approval of the Walgreens Drug Store to increase its building area by 1,215 square feet (or six percent) resulting in a building floor area of 15,120 square feet. K. Approve application, Metro Greenways Planning Grant and Resolution supporting the allocation of matching funds for a "Metro Greenways Planning Grants" Project. It was recommended to authorize a grant application and authorize the resolution seeking planning funds for Patrick Eagan Park. 99-2.1 L. Extension of snow grooming contract with Dakota County. It was recommended to approve an amendment extending the term of the snow grooming contract with Dakota County for cross country trails and the tubing hilI through May 31, 1999, authorizing the signature of the City Clerk. M. Contract 96-11, approve final payment (Yankee Doodle Rd. - Transportation Improvements). It was recommended to authorize the 11th and final payment to Shafer Contracting for Contract 96-11 (Yankee Doodle Road - Transportation Improvements) in the amount of $185,211.20 and authorize acceptance for City and County maintenance subject to warranty provisions. N. Contract 98-16, approve Change Order #3, Wescott Woodlands (Street & Utility Improvements). It was recommended to approve Change Order No.3 to Contract 98-16 (Wescott Woodlands - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. O. Contract 98-18, approve Change Order #1, Oak Pond Road (Street & Utility Improvements). It was recommended to approve Change Order No.1 to Contract 98-18 (Oak Pond Road - Street and Utility Improvements) and authorize the Mayor and City clerk to execute all related documents. P. Proiect 97-YY, acknowledge completion/authorize City maintenance (Town Centre 70 Twentieth Addition - Utilities). It was recommended to acknowledge the completion of Contract 97-YY (Town Center 70 Twentieth Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. Q. Proiect 98-H, acknowledge completion/ authorize City maintenance (Delta Dental - Utilities). It was recommended to acknowledge the completion of Contract 98-H (Delta Dental - Utilities) and authorize perpetual City maintenance subject to warranty provisions. R. Tobacco License, Pro Stop located at 850 Lone Oak Road. It was recommended to approve a tobacco sales license for Pro Stop located at 850 Lone Oak Road. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Councilmember Blomquist said the public should have been given an opportunity to speak on any matter on the consent agenda before a vote was taken on the motion. Mayor A wada said that the Council has not typically opened the consent agenda items to the public for discussion. Councilmember EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGES 00005 Bakken suggested that this issue be deferred to a future Council workshop to decide the appropriate procedure to be followed. Mayor Awada acknowledged the four items that were separated by motion from the consent agenda. In regard to Project 733, McKee Addition assessment roll amendment (EZ Air Park), Councilmember Blomquist said she has not supported this issue in the past and will vote no on this item. Councilmember Carlson questioned why the Council was being asked to take action on this issue since the partnership has not yet given approval. Director of Public Works Colbert said that the action being recommended is to approve the amendment of the final assessment roll subject to the execution and recording of the access restriction easement. Councilmember Bakken moved, CounciImember Masin seconded a motion to approve the amendment of the Final Assessment Roll for Project 733 (McKee Additions - Street Reconstruction and Utility Improvements) regarding the assessment to Parcel 10-22501-065-00 (EZ Air Park Inc.) subject to the execution and recording of an access restriction easement. Aye: 3 Nay: 2 (Councilmembers Blomquist and Carlson opposed) In regard to Project 754, present feasibility report! order public hearing (Hilltop Estates - Street Rehabilitation Overlay), Councilmember Blomquist suggested that this item be considered with Proiect 755, present feasibility report! order public hearing (Meadowlands 151 Add. - Street Rehabilitation Overlay) since she has the same concern with both items. She said that there was no feasibility report received by the Council in regard to Project 754 (Hilltop Estates). She further said that she feels the assessment policy needs to be reviewed to determine what can be done to improve it and indicated that she would be voting no on both of these items. Councilmember Bakken stated that the correct procedure would be to consider items pulled from the consent agenda as separate items. Director of Public Works Colbert provided clarification regarding the lack of a feasibility report for Project 754 (Hilltop Estates) stating that the results of the preliminary study indicated that it was not prudent to proceed with the full feasibility report and the wording in the packet should have been revised to acknowledge the preliminary results of Project 754 rather than to receive a feasibility report. Councilmember Bakken moved, Councilmember Masin seconded a motion to acknowledge the preliminary results of Project 754 (Hilltop Estates - Street Overlay) and postpone the scheduled improvements for consideration in the 2000 construction season. CounciImember Masin said that the argument seems to be over the assessments but stated that it is necessary to proceed with the preparation of the feasibility report otherwise the work cannot be done. Councilmember Blomquist reiterated her concern regarding the special assessment policy and said the current policy provides for costly duplication and overlapping of effort. She further said that additional cost savings could be achieved by eliminating the feasibility report process. Councilmember Bakken stated that CounciImember Blomquist made several excellent points and suggested that Recording Secretary Karels make note of them for discussion at a more appropriate time and directed the Council's attention back to the motion on the table and said discussion should be limited to items that are germane to the motion. A vote was taken on the motion. Aye: 4 Nay: 1 (CounciImember Blomquist opposed) EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 6 00006 In regard to Project 755, present feasibility report/ order public hearing (Meadowlands 1st Add. - Street Rehabilitation Overlay). CounciImember Bakken moved, Councilmember Masin seconded a motion to receive the feasibility report for Project 755 (Meadowland 1st Addition - Street Overlay) and schedule a public hearing to be held on February 2, 1999. Aye: 4 Nay: 1 (CounciImember Blomquist opposed) In regard to Change Order, Cascade Bay, CounciImember Blomquist said she was uncomfortable in voting on these change orders given the small amount of information that has been provided. She added that the breakdown she requested was a good start but is not complete. Director of Parks and Recreation Vraa provided an explanation on the change order. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve Change Order No.3 in the amount of $1,540.00. Aye: 5 Nay: 0 OLD BUSINESS CONFIRMATION OF CANCELLATION OF FEBRUARY 9, 1999 SPECIAL ELECTION AND RECEIVE ADDITIONAL DIRECTION ON CREATION OF ELECTION ISSUES TASK FORCE City Administrator Hedges provided an overview on this item. Councilmember Bakken stated that he does not believe that an action to confirm an action previously taken is ever in order in any deliberative organization such as the City of Eagan. He added that taking such an action has no affect. City Attorney Sheldon said that he does not think the body of the City Council is ever foreclosed from taking whatever action it feels is appropriate and even though the action does not have any affect it does not preclude the Council from taking such action. Councilmember Bakken moved to direct City staff to prepare a report for the next regular City Council meeting providing options to the Council and supplying direction for setting up a task force to advise the Council on election issues. Councilmember Blomquist requested to amend the motion stating that she would prefer the Council address the issue of odd/ even elections at a televised Council work session that has been properly noticed to the public. She added that no task force should be appointed on election issues until the 1999 Council has determined a need for the committee. Councilmember Bakken said that this was a separate motion rather than an amendment and added that he would prefer to proceed with the motion as stated by him and encouraged Councilmember Blomquist to make her motion after dealing with the one already on the floor. CounciImember Masin stated that she was surprised that the last Council would provide this direction three days before the end of their term since they originally created the ordinance without benefit of a task force and public information and then rescinded their earlier action without any input. She added that she was also concerned that this item had been pulled from the regular City Council agenda and placed on a special City Council meeting agenda during the holidays. She further added that a work session should be held to determine the Council's goals and objectives to decide if a task force is needed to accomplish the stated goals and objectives. She stated that this action is premature and said that a desired outcome needs to be determined prior to establishing a task force. Councilmember Bakken agreed with CounciImember Masin noting that the points she made are consistent with the intent of the motion which is to direct staff to gather information and present options. CounciImember Masin stated that the City Council needs to determine what it wants to know before it asks staff to collect the information. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 7 00007 Mayor Awada made a friendly amendment to Councilmember Bakken's motion to direct staff to provide information to the Council for discussion at a future work session instead of providing the information to the Council at a regular meeting. Councilmember Masin reiterated that the Council needs to determine the goals first and then direction can be provided to staff. She requested the motion be amended to address changes to the election policy at a future work session. The maker and seconder of the motion accepted Mayor A wada' s amendment to the motion as follows: Councilmember Bakken moved, Councilmember Carlson seconded a motion to direct City staff to prepare a report for a future Council work session providing options to the Council and supplying direction for setting up a task force to advise the Council on election issues. CounciImember Blomquist added that there might be some people in the audience who would like to speak to this issue. Councilmember Masin reiterated that this direction is too ambiguous and that the City Council should identify issues staff should be providing information on. CounciImember Bakken said that the motion is purposely ambiguous but the intent is to direct staff to gather some general information. Councilmember Blomquist stated that as the motion stands with its ambiguities she would not vote in favor of it and added that staff needs additional direction. Councilmember Bakken clarified that the intent of his motion was to make a decision about creating a task force at the next work session. Councilmember Carlson added that staff should start collecting information and the City Council should begin to think individually about the creation of a task force. She further added that the City Council has to collectively establish the goals. Councilmember Masin questioned how staff could proceed without specific direction. CounciImember Bakken commented that the intent of the motion is to put the Council on notice that this issue will be addressed at a future work session. CounciImember Carlson stated that it is necessary to explore all options. She stated that staff should provide suggestions regarding the best methods for getting the word out to inform the public that the Council is looking at reviewing election issues. City Administrator Hedges clarified that the direction being given by the Council was to request that staff prepare suggestions regarding election issues such as signage and other related issues raised during recent elections. He said that the methods for getting information from the public would also need to be addressed. Larry Poppler, 3030 Poppler Lane, said that areas which need to be addressed include campaign reform, no limit to campaign spending, no requirement for full disclosure of sources and amounts of contributions, sharing of campaign costs among candidates and running as a block, backup methods to ensure ballot machines are calibrated properly and candidates misleading the public as being endorsed by a certain political party. Terry Davis, 4895 Safari Pass, stated that no additional time should be spent addressing the issue of whether to hold an odd year election and that there are more important issues for the Council to address. Larry Christensen, 3896 Denmark Avenue, said that it is frustrating when issues are strung out and doing so results in diminished public participation. He further said he does not agree with the idea of odd year elections. The motion was restated for clarification. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 8 00008 A question was raised as to whether the task force had been deleted from the motion. Recording Secretary Karels stated that her notes reflected the following motion: Councilmember Bakken moved, CounciImember Carlson seconded a motion to direct City staff to prepare a report for a future Council work session providing options to the Council and supplying direction for the option of setting up a task force to advise the Council on election issues. CounciImember Bakken commented that he was willing to accept the motion as interpreted by Recording Secretary Karels as a friendly amendment. CounciImember Carlson seconded the amendment. Action was taken on the amended motion. Aye: 5 Nay: 0 Councilmember Blomquist moved, CounciImember Masin seconded a motion to reaffirm action to cancel the February 9,1999 odd/even special election and repeal Ordinance Nos. 255 and 256. Mayor Awada stated that according to Robert's Rules of Order this action is not germane but allowed the motion to go forward since City Attorney Sheldon had indicated the Council has the authority to take any action it deems appropriate. She added that she would be voting against the motion because it is contrary to Roberts' Rules of Order although it is a motion that confirms a motion she made at the meeting in December. Councilmember Bakken said he was uncertain as to whether he should abstain or vote no. He added that on one hand he feels the motion is not in order and would prefer to abstain. However, he added that he would not have supported the motion to rescind the special election because he felt it would have given the public an opportunity to participate in this decision and therefore indicated he would be voting no. A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Bakken opposed) CONSIDER REQUEST FOR TRAFFIC STUDY (WESCOTT & LEXINGTON AVE. - SIGNALIZATION) City Administrator Hedges provided an overview on this item. Councilmember Bakken moved to approve consideration of requests for a traffic signal at Wescott Road and Lexington Avenue and authorize the preparation of a Signal Justification Report. Councilmember Blomquist indicated she would second the motion if CounciImember Bakken would accept a friendly amendment to include expanding the study area. CounciImember Bakken declined to accept the friendly amendment. Mayor A wada seconded the motion made by Councilmember Bakken. Councilmember Blomquist moved, CounciImember Carlson a motion to amend the motion to expand the scope of the study area. Several residents spoke in favor of the installation of a signal light at this intersection citing safety as a major concern. They also expressed concern with the speed limit in the area. Several other residents requested that other solutions be explored such as markings for pedestrian crossing and traffic calming techniques, versus installation of a signal light. Residents living along Wescott expressed concern for the loss of property that will occur in order to accommodate a signal light and noted that it will become more unsafe for them to turn into their driveways since they will have to cross three lanes of traffic. It was suggested that if a signal is necessary, it should be installed without widening Wescott. There was support for addressing traffic flow in the area in addition to the intersection at Wescott and Lexington. Mayor A wad a asked if an area wide study could be performed without holding up the timeframe for the signal installation. Director of Public Works Colbert stated that it was his understanding that the EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 9 00009 Council was considering directing staff to perform a corridor traffic control study on Wescott Road from Pilot Knob to TH 149 and on Lexington Avenue from Yankee Doodle Road to Diffley Road. He added that a scope of services would be prepared for each of the traffic control studies. He requested a six- month timeframe to perform the study. Councilmember Blomquist stated that a six-month timeframe was not unreasonable. Mayor Awada asked if it would be possible for the signal light to be installed in 1999 if it was contingent upon the results of the area wide study. Director of Public Works Colbert said that it would be unlikely that installation would be possible in 1999. He added that it would take six weeks to prepare the signal justification report for the Lexington/Wescott intersection and by itself, that would enable the signal to be installed in 1999. Councilmember Masin requested that the issue of changing driving habits within the community be addressed at a future work session. CounciImember Blomquist asked how long it would take to implement road calming techniques and other mitigation measures at this intersection. Director of Public Works Colbert stated that the existing striping of the roadways could be re-emphasized, but said he would be hesitant to implement any new signage or striping during the study period as it may affect the outcome of the study. Councilmember Masin referenced the intersection at Diffley and Rahn and said the County has ranked this as the most dangerous intersection and she requested that the public meeting regarding improvements to this intersection not be delayed to accommodate a signal at the Wescott/Lexington intersection. CounciImember Bakken said that he felt a signal at the Wescott/Lexington intersection is forthcoming and preferred to support it independent of an area wide study. He further said he was in support of an area wide study but did not want the location of a light at this intersection to be contingent upon the results of the study. Mayor Awada and Councilmember Carlson concurred with Councilmember Bakken. Councilmember Blomquist withdrew her amendment by unanimous consent of the Council. A vote was taken on the original motion made by Councilmember Bakken. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Carlson seconded a motion to conduct an area wide study including Wescott from Pilot Knob to TH 149 and Lexington from Duckwood Drive to Northview Park Road. Aye: 5 Nay: 0 NEW BUSINESS WAIVER OF SUBDIVISION, BRANDT ENGINEERING 834 & 838 BEAR PAW TRAIL City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. 99.2-2 99.2-3 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Waiver of Subdivision requirements to adjust the common lot line between Lots 6 and 7, Block 6, Gardenwood Ponds (834 & 838 Bear Paw Trail) located in the NE % of Section 23 subject to the following condition: EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 10 00010 1. The applicant shall file with the County Auditor a lot combination to combine Lot 7 with the small portion of Lot 6, Block 6, Gardenwood Ponds, for tax purposes, and proof of the filing shall be submitted to the City within 60 days following City Council approval. Aye: 5 Nay: 0 WAIVER OF SUBDIVISION, BRANDT ENGINEERING 3868 AND 3872 NORTH RIDGE DRIVE City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve a Waiver of Subdivision requirements to adjust the common lot line between Lots 9 and 10, Block 4, Gardenwood Ponds (3868 & 3872 North Ridge Drive) located in the NE 1/4 of Section 23 subject to the following condition: 1. The applicant shall file with the County Auditor a lot combination to combine Lot 9 with the five-foot portion of Lot 10, Block 4, Gardenwood Ponds for tax purposes, and proof of the filing shall be submitted to the City within 60 days following City Council action. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT & CONDITIONAL USE PERMIT EASTER LUTHERAN CHURCH City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve a Comprehensive Guide Plan Amendment changing the land use designation of approximately 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road (within the SE % of Section 28) from D-I (0-3 units per acre) to PF, Public Facilities. Pastor Jim Borgschatz, representing Easter Lutheran Church, commented on the growth of the church and their proposal before the Council. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a shoreland overlay district subject to the following revised conditions: 1. The Conditional Use Permit shall be recorded with Dakota County in conjunction with the recording of the Final Plat with documentation of its recording provided to the City. 2. Excluding anticipated right-of-way dedications (associated with the platting of the property), impervious surface coverage shall not exceed 35 percent of the site area. Councilmember Masin stated that she did not want the Council to approve an increase to the impervious surface coverage of 35% that was agreed to in the original Preliminary Planned Development. Mayor A wada stated that the overall density is the same as was originally agreed to. Councilmember Masin stated that the reason the impervious surface coverage was capped at 35% is because the site is next to parkland. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 11 00011 A vote was taken on the motion. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA REQUEST TO TELEVISE THE SPECIAL CITY COUNCIL WORK SESSIONS City Administrator Hedges provided an overview on this item. Mayor Awada said she is not opposed to televising work sessions but stated that the Council has been meeting with a facilitator to discuss matters like this and suggested deferring this item to an upcoming retreat. She added that if work sessions are to be televised the meeting time might have to be changed since the Council attends work sessions over the dinner hour and it may be unsuitable to televise them eating. CounciImember Blomquist said that the Council could change when they eat and added that she has always felt meetings should be brought to the public in anyway possible. She further added that one way to do that is through cable television. She stated that it is important to seek public participation. Mayor Awada reiterated her suggestion to defer this item to the retreat scheduled for Thursday. Councilmember Blomquist asked Mayor Awada what reason besides eating would cause her to be in opposition to televised work sessions. Mayor Awada stated that there are other issues that need to be addressed such as defining what constitutes a work session. Mayor A wada moved to direct this item be discussed at an upcoming Council retreat. Councilmember Carlson said that certain special meetings will not be appropriate to televise, such as commission interviews, etc.. She added that cable television is an integral part of the City's communication system and further added that the details associated with televising work sessions could be addressed at a retreat. She noted that a work session begins the process for many issues and the public should be invited to be part of this process. She further noted that the Council has, on occasion, voted on issues at work sessions and that should not be happening. Mayor A wada noted that her motion failed for lack of a second. Councilmember Bakken moved, Councilmember Carlson seconded a motion to televise work sessions for a period of three months followed by an evaluation with the details of what constitutes a work session and the details of the physical set up of the camera to be determined at a retreat. Councilmember Blomquist made a friendly amendment to change the trial period from three to six months. Councilmember Bakken accepted the amendment. A vote was taken on the motion. Aye: 5 Nay: 0 ENDORSEMENT FOR METROPOLITAN COUNCIL REPRESENTATIVE City Administrator Hedges provided an overview on this item. Councilmember Blomquist stated that this was an opportunity for the Council to select a representative from Eagan to be a strong advocate who will represent the needs of the City. She added that it should not be necessary to defer to other communities given the population of Eagan. She said it would not be necessary for the Council to endorse an applicant but there should be a series of people the Council agrees to support. Councilmember Masin concurred with Councilmember Blomquist and noted that the lack of confidence in certain Met Council representatives has proven difficult for the City. She added that the Council needs to discuss expectations in regard to its relationship with the Met Council and have a voice in deciding who would be acceptable representatives for the City. She suggested the Council determine the issues that are important to the City and also identify expectations for a Met Council representative. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 12 0001.2 Councilmember Blomquist moved, Mayor A wada seconded a motion to direct staff to pursue information on applicants from the Secretary of State's office regarding the Met Council representative position for District 15. Aye: 5 Nay: 0 CounciImember Blomquist added that if any member of the City Council knows an Eagan resident who would make a good representative they should encourage them to apply for this position. ADVISORY COMMISSION INTERVIEWS/JANUARY 12 City Administrator Hedges provided an overview on this item. Councilmember Bakken moved to conduct all interviews for advisory commissions on January 12 changing the start time from 4:30 p.m. to 3:30 p.m. The motion failed for lack of a second. Councilmember Blomquist moved, Mayor A wada seconded a motion to begin interviews at 4:30 p.m. Aye: 5 Nay: 0 The motion was rescinded without objection. Councilmember Bakken moved, Mayor A wada seconded a motion begin interviews at 4:00 p.m. and reschedule those applicants who were scheduled for a later time to an earlier time. Aye: 5 Nay: 0 ROUND TABLE City Administrator Hedges commented on the appointment to the Transportation Advisory Board. CounciImember Masin said that she is interested in being appointed to this position. Mayor Awada moved, Councilmember Carlson seconded a motion to endorse Councilmember Masin for appointment to the Transportation Advisory Board. Aye: 5 Nay: 0 Mayor A wada said that she RSVP'd for the Suburban Transit Association annual legislative meeting and is unable to attend and wanted to ensure that Eagan is represented. She noted that Margaret Schreiner was present in the audience and added that she spoke to her about forming a light rail discussion committee but, to date, no research has been done. CounciImember Masin said that City Administrator Hedges had indicated at the last meeting that he was going to have Eagan's representatives to the light rail discussions report back to the Council. She further said she has talked with a Dakota County staff person who is anxious to meet with the Council so that she and the community representatives can report the discussion on LRT. She suggested staff arrange for that meeting. Councilmember Masin noted that she received a letter from the LMC indicating she is going to be a representative for Minnesota to the NLC Transportation Policy Committee. She said she would like to discuss what criteria other cities follow for holding special City Council meetings and stated that she felt the one held by the Eagan City Council on December 29 was frivolous. She requested staff conduct the research and report to the Council at the retreat on Thursday. Councilmember Blomquist said that further study should be done to determine if special City Council meeting should be called in non-emergency situations without action by the entire Council. Councilmember Blomquist questioned if road calming techniques had been considered for Blackhawk. She said that the neighborhood meeting needs to be held regarding the Rahn and Diffley intersection. She requested staff follow up on these matters. She noted that the Rosemount EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 5, 1999 PAGE 13 00013 Comprehensive Guide Plan is available for review and encouraged the public to do so either at Rosemount or Eagan City Halls. She requested that this information be made available to the public via the newspaper and cable. City Administrator Hedges asked if staff should also inform the public about the Comprehensive Guide Plan proposals from Dakota County and other cities that surround Eagan. CounciImember Blomquist said that should be done each time a plan is received from one of the bordering cities. Councilmember Carlson asked about other meetings or events CounciImembers are requested to attend. City Administrator Hedges stated that a calendar of events for January and February will be sent to the Council this week and added that he would try to compile a list of other obligations for the Council. Councilmember Masin commended Doolittle's Restaurant for hosting a non-alcoholic event on New Year's Eve. ADJOURNMENT The meeting was adjourned at 9:35 p.m. January 5, 1999 Date MLK ~ 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, (612) 681-4600, (TDD phone: (612) 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.