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03/02/1999 - City Council Regular 00040 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 16, 1999 A regular meeting of the Eagan City Council was held on Tuesday, February 16, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and CounciImembers 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. AGENDA City Administrator Hedges noted that an Executive Session would follow the regular City Council meeting. Councilmember Bakken moved, CounciImember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE FEBRUARY 2, 1999 REGULAR MEETING Councilmember Masin moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 RECOGNITIONS & PRESENTATIONS Mayor Awada acknowledged the following outgoing commission members' service: Doug Pewowaruk and Jane Vanderpoel- Airport Relations Commission Steven Burdorf - Advisory Planning Commission Jerry Farlee and Michael Vincent - Advisory Parks Commission Dave Vogt - Economic Development Commission Dan Breva - Solid Waste Abatement Commission Dan Breva was present to accept his certificate of appreciation. DEPARTMENT HEAD BUSINESS CEDARV ALE AREA STUDY - TASK FORCE CREATION City Administrator Hedges provided an overview on this item. CounciImember Masin moved, Councilmember Blomquist seconded a motion to direct staff to begin work on the creation of a task force. Councilmember Masin suggested that an invitation to serve on the task force be extended to the community's LRT representatives Margaret Schreiner and Tom Butler. Councilmember Carlson requested that a notice be published in the newspaper informing the public of the opportunity to serve on the task force. CounciImember Blomquist stated that there are certain individuals who own and operate businesses in the Cedarvale area who have expressed an interest in serving on the task force. She suggested some names for staff to follow up with to determine their interest level. Mayor A wada suggested that staff contact.the Cedarvale Merchants Association and ask them to recommend five business representatives to serve on the task force. Councilmember Blomquist stated that not all businesses in the Cedarvale area are members of the merchants association. City Administrator Hedges noted that staff has sent notices to all members of the Special Services District. Councilmember Masin added that it is important for the City to contact, via flyer, all the tenants EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16, 1999 PAGE 2 00041 who rent business space in the area and invite them to attend the meeting on Friday. Councilmembers concurred. CounciImember Carlson reiterated her suggestion of noticing the public about the creation of the task force. Councilmembers agreed. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Masin asked if copies of the Development Review Process Questionnaires and the compiled results are forwarded to the Economic Development Commission members. City Administrator Hedges stated that copies of the questionnaires and results will be forwarded to the EDC. Councilmember Masin commented about the extensive noise that has been reported at Lull Industries during the night. Senior Planner Ridley provided an explanation and added that Lull has requested that residents contact them directly with any noise concerns. Councilmember Masin asked for an update on the status of replacing benches in the City. City Administrator Hedges stated that he would contact Director of Parks and Recreation Vraa to determine if this matter has been addressed by the APrC. Councilmember Masin inquired about the status of additional re-broadcast times for City meetings. City Administrator Hedges said that the possibility of additional playback times is still uncertain but added that he will provide an update when available. CONSENT AGENDA Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the consent agenda. Councilmember Masin requested that items E, J and K be separated from the consent agenda. Councilmember Blomquist requested that items E and F be separated from the consent agenda. CounciImember Bakken retracted his earlier motion approving the consent agenda allowing for the above referenced items to be separated from the consent agenda and further moved approval of the balance of the consent agenda. A. Personnel Items Item 1. It was recommended to approve the promotion of Patrol Officer Dan Mason to Crimes Against Persons' Detective. Item 2. It was recommended to approve the hiring of Christopher Colbert and Jessamine Kruzitski as part-time seasonal warming house attendants. Item 3. It was recommended to approve the hiring of John Nowariak as a part-time seasonal Rink Rats hockey instructor. Item 4. It was recommended to approve revising Section 10.1 regarding working hours and overtime pay by adding the following underlined language: "for all non-exempt employees as defined by the Fair Labor Standards Act (FLSA), except those non-exempt employees specifically exempted from overtime EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 16,1999 PAGE 3 00042 provisions under the FLSA, 40 hours shall constitute a normal working week and all hours worked in excess of 40 hours per week shall be referred to as "overtime." B. Final Plat extension, Transport Corporation of America, Inc. for Transport America Headquarters Addition. It was recommended to approve a 60 day extension of the recording requirement for the Transport America Headquarters Addition (located north of Yankee Doodle Road and east of Highway 13 in the SE 1/4 of Section 8). C. Final Planned Development and Final Subdivision, Pulte Homes of MN, Inc. for Oakbrooke. It was 99-8 recommended to approve a Final Planned Development (Rezoning) of a 117 acre site located north of Diffley Road and east of I-35E (generally in the south half of Section 21) from A, Agricultural and RB, Roadside Business to PD, Planned Development and to approve a Final Subdivision creating 79 single family detached dwelling units and 8 outlots upon a 117 acre site located north of Diffley Road and east of I-35E (generally in the south half of Section 21). D. Final plat, Dart Transit for Gopher Eagan Industrial Park No. 16. It was recommended to approve a 99-9 Final Plat (Eagandale Center Industrial Park No. 16) that will replat fourteen individual parcels of land into three lots which correspond to the structures and uses that occupy the property located south of Lone Oak Road and west of T .H. 149 in the NE 1/4 of Section 11 and the NW 1/4 of Section 12. E. Project 740, receive feasibility report/ schedule public hearing, Silver Bell Rd. (Hwy. 13 to Kennebec - Reconstruction). This item was pulled from the consent agenda. F. Project 764, receive feasibility report/ schedule public hearing, (Selmark, Harvey, Burrview Acres - Street Rehabilitation Overlay). This item was pulled from the consent agenda. G. Final Plat extension, Eaganwoods Office Park 2nd, Buffets, Inc. It was recommended to approve a 90 day extension of the recording requirement for the Eagan Woods Office Park 2nd Addition (located west of Pilot Knob Road and east of Lost Spur Country Club in the NE 1/4 of Section 4). H. Schwanz Lake fishing pier grant, DNR. It was recommended to approve a cooperative agreement with the Minnesota Department of Natural Resources (DNR) for the provision of a fishing pier for Schwanz Lake and to authorize signature by the Mayor and City Clerk. I. License renewals for Ciardelli Tree & Landscaping, The Tree Stump Company, Henning Rhode & Associates and AAA Lawn Service. It was recommended to approve the 1999 renewals for Ciardelli Tree & Landscaping, The Tree Stump Company and Henning Rhode & Associates for tree contractor licenses and AAA Lawn Service for a commercial fertilizer license as presented. J. Tobacco license for Tobacco Pride located at 1960 Cliff Lake Road. This item was pulled from the consent agenda. K. Project 768, authorize right-of-way acquisition, Ring Road Alignment (Northwood Pkwy.). This item was pulled from the consent agenda. L. Traffic control signaL approve agreement with Mn/DOT (Diffley Road & TH 3). It was recommended to approve the agreement with the Minnesota Department of Transportation for a traffic control signal (Diffley Road and TH 3) and authorize the Mayor and City Clerk to execute all related documents. A vote was taken to approve the consent agenda. Aye: 5 Nay: 0 Mayor Awada acknowledged the four items that were separated from the consent agenda. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 2, 1999 00052 A regular meeting of the Eagan City Council was held on Tuesday, March 2,1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges noted that it had been requested to consider Item C of New Business, Consider Interim Ordinance, greater Cedarvale Area/Hwy. 13 corridor, following the approval of the Consent Agenda and prior to public hearings. He further noted that Department of Parks and Recreation Vraa would be providing an update on the sale of season passes to Cascade Bay under Department Head Business. He stated that Item A of New Business, Conditional Use Permit - Jeff and Jill Dietz, had been withdrawn by the applicant. He added that it would be necessary to schedule a Special City Council meeting for March 16 at 4:30 during consideration of the Administrative Agenda. Mayor A wada moved, CounciImember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE FEBRUARY 16, 1999 REGULAR MEETING Councilmember Blomquist requested that the second sentence on page 12 be revised as follows, "Mayor Awada stated that the committee could meet for purposes of information gathering and not for purposes of directing staff to figure out where to carve out a millio/l dollars out of the budget. Councilmember Blomquist reassured Mayor Awada that was /lot the intent of the meeting." Councilmember Carlson moved, Councilmember Blomquist seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE NOVEMBER 24, 1998 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 2 Nay: 0 (Mayor Awada and CounciImembers Bakken and Carlson abstained since they were not in attendance at the meeting.) MINUTES OF THE JANUARY 12, 1999 SPECIAL MEETING Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JANUARY 19, 1999 SPECIAL MEETING Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS YOUTH DEVELOPMENT PROGRAM GRANT, PEOPLES NATURAL GAS City Administrator Hedges provided an overview on this item and thanked Peoples Natural Gas, on behalf of the City, for the grant. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGE 2 00053 Councilmember Blomquist moved, Councilmember Masin seconded a motion to accept the grant from Peoples Natural Gas in the amount of $1,000 to be used toward the Wescott boys and girls programs. Aye: 5 Nay: 0 UPDATE ON CASCADE BAY SEASON PASS SALES Director of Parks and Recreation Vraa provided an update on the number of season passes that have been sold to date for Cascade Bay. COMPREHENSIVE GUIDE PLAN INFORMATION CounciImember Blomquist moved, Councilmember Carlson seconded a motion to compile data on those parcels with proposed Comprehensive Guide Plan changes into a matrix for use by the City Council. Mayor Awada asked if Councilmember Blomquist intended for each parcel that is subject to a change in the Comprehensive Guide Plan designation to be included in the matrix. Councilmember Blomquist stated that only the parcels that have a specific zoning change which could significantly affect the use of the property or become nonconforming should be included. Further discussion occurred regarding the approximate number of parcels to be included in the matrix. A vote was taken on the motion. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Masin moved, Councilmember Bakken seconded a motion to approve the Consent Agenda. Councilmember Blomquist requested Items Land M be separated from the Consent Agenda. Councilmember Masin and CounciImember Bakken accepted Councilmember Blomquist's request. A vote was taken on the motion. Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to approve the hiring of John Collin, Jeff Jensen, Brian Rezny, Heather Roberts, Daniel Tocko and Paul Tupy as police officers, subject to successful completion of physical and psychological examination requirements. Item 2. It was recommended to approve the transfer of Joel Fleck from the position of utilities maintenance worker to that of streets maintenance worker. Item 3. It was recommended to approve the hiring of Claudia Freeman as a part-time seasonal recreation leader. B. Wine and beer license for Magic Thai Cafe. It was recommended to approve a wine and beer license for the Magic Thai Cafe located at 1258 Lone Oak Road. C. Temporary beer license for the Eagan Lions Club for March 13, 1999 - Eagan Go Bragh event. It was recommended to approve the temporary beer license for the Eagan Lions Club for March 31, 1999 - Eagan Go Bragh event. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGE 3 00054 D. Approve Public Safety Dispatch Agreement. Eagan and Rosemount. It was recommended to approve the 1999 Public Safety Dispatch Agreement between the cities of Eagan and Rosemount. E. Change Order No.4, Invoices 17284 and 17285, Professional Services, Fire Administration building. It was recommended to approve Change Order No.4 for the Fire Administration building in the amount of $18,989 and to approve Invoices 17284 and 17285 to be paid to Boarman Kroos Pfister Vogel & Associates. F. Extension for recording the final plat of Brookstone - Amcon 151 Addition. It was recommended to approve an extension to May 1, 1999, for recording the final plat for Brookstone-Amcon Addition, consisting of one lot on 7.35 acres located west of Hwy. 149 north of Rolling Hills Drive in the SW % of Section 12. G. Final Subdivision, Wispark Corporation for Grand Oak Two. It was recommended to approve a Final Subdivision consisting of 5 lots and 5 outIots on 57 acres located south of Blue Gentian Road, east of TH 55 in the north 1/2 of Section 2. 99-11 H. Implementation for the Comprehensive Guide Plan Amendment for Kami, Inc. It was recommended to implement a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of a 4.4 acre parcel of land located north or Yankee Doodle Road and east of Coachman Road from Neighborhood Business (NB) to Limited Business (LB). I. Project 770, authorize feasibility report, Denmark Ave. (Northwood Parkway to CIubview Drive- Extension). It was recommended to authorize the preparation of a feasibility report for Project 770 (Denmark Avenue Extension - Street and Utility Improvements). J. Project 771, authorize feasibility report Lexington Ave. (Yankee Doodle Road to Lone Oak Road- Upgrade). It was recommended to authorize the preparation of a feasibility report for Project 771 (Lexington Avenue Upgrade - Street and Utility Improvements). K. Proiect 749, receive feasibility report/ schedule public hearing, E TH 55 South Frontage Road (East of TH 149 - Upgrade). It was recommended to receive the draft feasibility report for Project 749 (East TH 55 South Frontage Road - Street Improvements) and schedule a public hearing to be held on April 6, 1999. L. Project 758, receive feasibility report/ schedule public hearing, Surrey Heights (Federal Drive to Yankee Doodle Road - Street Overlay). This item was pulled from the Consent Agenda. M. Contract 99-01, approve plans/ order ad for bids (Johnny Cake Ridge Rd., Thomas Lake Rd., Wood gate 3rd - Street Overlay). This item was pulled from the Consent Agenda. N. Contract 99-05, approve plans/ order ad for bids (Johnny Cake Ridge Road Extension - Street & Utility Improvements). It was recommended to approve the plans for Contract 99-05 (Johnny Cake Ridge Road Extension - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, April 1, 1999. O. Change Order Nos. 4 & 5, Cascade Bay. It was recommended to approve Changer Order No.4 in the amount of ($39,600.00) and Change Order No.5 in the amount of ($3,131.00). P. Agreement with Dakota Hills Middle School, ballfield maintenance. It was recommended to authorize the continuation of a maintenance agreement pertaining to the athletic fields at Dakota Hills Middle School. Q. Project 764, reschedule public hearing (Selmark, Harvey, Burrview Acres - Street Overlay). It was recommended to reschedule the public hearing for Project 764 (Selmark, Harvey, Burrview Acres - Street Overlay) to be held on April 6, 1999. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGE 4 00055 Mayor A wada acknowledged the two items that were separated by motion from the consent agenda. In regard to Item L, Proiect 758, receive feasibility report! schedule public hearing, Surrey Heights (Federal Drive to Yankee Doodle Road - Street Overlay), CounciImember Blomquist indicated she would be voting against this item. Councilmember Bakken moved, Mayor Awada seconded a motion to receive the draft feasibility report for Project 758 (Surrey Heights Drive - Street Overlay) and schedule a public hearing to be held on April 6, 1999. Aye: 4 Nay: 1 (CounciImember Blomquist opposed) In regard to Item M, Contract 99-01, approve plans! order ad for bids (lohnny Cake Ridge Rd., Thomas Lake Rd., W oodgate 3rd - Street Overlay), Councilmember Blomquist indicated she would be voting against this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the plans for Contract 99-01 Oohnny Cake Ridge Road, Thomas Lake Road, Woodgate 3rd/Tiberon/MaIlard Park 3rd - Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 1, 1999. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) CounciImember Bakken moved, Councilmember Carlson seconded a motion to move consideration of the Interim Ordinance, greater Cedarvale Area/Hwy. 13 corridor, back to Item C of New Business. Aye: 5 Nay: 0 PUBLIC HEARINGS V ARIANCE, VISION TECHNOLOGIES, INC. 3900 SIBLEY MEMORIAL HIGHWAY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved to approve a 30 foot Variance from the required 30 foot setback from a public street for an existing structure located at 3900 Sibley Memorial Highway in the northeast % of Section 19. The motion failed for lack of a second. Councilmember Bakken moved, Councilmember Masin seconded a motion to deny a 30 foot Variance from the required 30 foot setback from a public street for an existing structure located at 3900 Sibley Memorial Highway in the northeast % of Section 19. Mayor Awada opened the public hearing Quinn Hutson, representing the applicant, stated that the applicant has invested over $100,000 rejuvenating the building and the site. He added that the drive-through canopy, which has resulted in the legal non-conformity, existed prior to the applicant's purchase of the site. He added that the applicant would like to convert this area into useable office space. He further added that the proposal will eliminate access to Rahn Road and will improve vehicular safety. Mayor Awada asked if the applicant was aware that the Council would be considering a moratorium on development in the greater Cedarvale area later in the agenda. Mr. Hutson indicated they were not aware of this. The applicant, representing Vision Technologies, provided background information on the nature of the business. He mentioned that this proposal will visually improve the aesthetics of the building. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGES 00056 Councilmember Masin commended the applicant for improvements he has made to the property but questioned the safety of locating the building addition so close to the road. She asked if the building would preclude the construction of a trail adjacent to Rahn Road. Senior Planner Ridley stated that the footings and the structure of the canopy are already in place and he did not know if enclosing the structure would create a safety problem. The applicant reiterated that elimination of the access to Rahn Road would enhance safety. There being no one else wishing to speak, Mayor A wada closed the public hearing. Councilmember Masin asked about the affect granting the variance would have on future development of the site. Senior Planner Ridley stated that the variance would only allow the applicant to enclose the existing canopy and any further deviations from what is approved by the Council would require additional Council approval. Councilmember Masin said that, given the explanation provided by Senior Planner Ridley, she would support the variance. Councilmember Blomquist stated that she is encouraged to see a successful business in this area and said that she does not believe this business will be affected by the redevelopment of the greater Cedarvale area. Councilmember Bakken said that his only concern with the proposal is in regard to the moratorium that is going to be considered by the Council and added that he does not want to create an unrealistic expectation on behalf of the property owner regarding the long term use of the property. Mayor Awada stated that she has the same concerns as CounciImember Bakken. She added that if the canopy did not already exist the Council would not allow a building to be constructed in this area given the setback. She further added that no hardship has been proven by the applicant. CounciImember Masin said that the drive-through area either needs to be improved or removed. She suggested that the Council continue the applicant's request until discussion about the moratorium has occurred. CounciImember Carlson concurred. The applicant agreed to a 60-day continuance of this item and clarified that the reason they would like to create additional office space in the drive-through area is due to the tremendous growth their business is experiencing. CounciImember Bakken withdrew his earlier motion to deny the Variance and Councilmember Masin, as the seconder, concurred with the withdrawal. There was no objection by the Council. CounciImember Bakken moved, Councilmember Masin seconded a motion to accept the applicant's request for a 60-day continuance. Aye: 5 Nay: 0 PROJECT 759, (BEAU D'RUE DRIVE - STREET RECYCLING) City Administrator Hedges provided an overview on this item. The Council concurred with staff s suggestion that this project may be premature prior to the completion of the Cedarvale Are Redevelopment Study scheduled for completion later this fall. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to deny Project 759, Beau d'Rue Drive (Street Recycling). Aye: 5 Nay: 0 00057 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGE 6 PROJECT 762, (DUCKWOOD TRAIL - STREET RECYCLING) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Tom Kaldunski, representing Howard R. Green Associates, who discussed the project details. CounciImember Bakken moved, Councilmember Masin seconded a motion to approve Project 762, (Duckwood Trail - Street Recycling) and authorize the preparation of detailed final plans and specifications. Mayor Awada opened the public hearing. There being no one wishing to speak, she closed the public hearing. A vote was taken on the motion. Aye: 4 Nay: 1 (CounciImember Blomquist opposed) PROJECT 757, (RIDGEVIEW ACRES - STREET REHABILIT AnON OVERLAY) City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report. Councilmember Bakken moved, CounciImember Carlson seconded a motion to approve Project 757, (Ridgeview Acres - Street Rehabilitation Overlay) and authorize the preparation of detailed plans and specifications. Councilmember Blomquist asked how the allocation of costs is determined between the City and the benefited property owners for the mill and overlay work. City Engineer Matthys stated that different assessment rates apply to different zoning classifications. Mayor A wada opened the public hearing. There being no one wishing to speak, she closed the public hearing. A vote was taken on the motion. Aye: 4 Nay: 1 (CounciImember Blomquist opposed) PROJECT 763, (DUCKWOOD EST A TES - STREET REHABILITATION OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Tom Kaldunski, representing Howard R. Green Associates, who discussed the project details. Mayor Awada opened the public hearing. There being no one wishing to speak, she closed the public hearing. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve Project 763, (Duckwood Estates - Street Rehabilitation Overlay) and authorize the preparation of detailed plans and specifications. A vote was taken on the motion. Aye: 4 Nay: 1 (CounciImember Blomquist opposed) OLD BUSINESS PROJECT 673R, RED PINE LANE FINAL ASSESSMENTS (PARCEL #10-03600-021-79, OBERG) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada invited public comment. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGE 7 00058 John Bannigan, legal counsel representing Jim Oberg, discussed the history of the project. He stated that Mr. Oberg was willing to pay an assessment for water and sanitary sewer but not for the cost of the street assessment. He said that the highest and best use of the property is industrial and added that the property does not specially benefit from the road assessment and will not increase in value as a result of access to Red Pine Lane. He discussed the problems experienced by Mr. Oberg in attempting to sell his property. Mayor Awada stated that it is not the City's responsibility to deal with the ultimate market rate of the property or the profit to the developer. She further stated that she has talked to several commercial realtors and it is their opinion and the opinion of the City's appraiser that the property does receive a benefit from access to Red Pine Lane. Councilmember Masin commented that the grading of Red Pine Lane has detracted from the way Mr. Oberg's property can be used. Councilmember Carlson stated that the property should not take access off of Red Pine Lane due to restricted visibility and the proximity of the access to the intersection of Red Pine Lane and TH 3 which creates safety issues. She suggested that access be taken from Gun Club Road. Mayor Awada said that if access does not occur from Red Pine Lane the property does not benefit. CounciImember Bakken agreed with Councilmember Carlson's concerns for safety. He agreed that if the property owner does not take access to Red Pine Lane all, or a portion, of the assessment for street and storm should be stayed with the understanding that if access is ever provided to Red Pine Lane, the property owner would be assessed at the then prevailing rates. Councilmember Blomquist concurred with Councilmember Carlson that access should be taken from Gun Club Road. Mayor Awada noted that access to Red Pine Lane can be restricted at the time the property is platted. Councilmember Carlson asked if it would be possible to obtain an easement from the property owner. Director of Public Works Colbert stated that it would be possible. He added that the Council would have the ability to release the easement in consideration for payment of an equivalent assessment for use of the roadway. Mr. Bannigan stated that Mr. Oberg preferred to retain the industrial zoning and Comprehensive Guide Plan deSIgnation for his property and would be willing to grant the City an easement restricting access to Red Pine Lane. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the final assessments for sanitary sewer and water for Project 673R, (Red Pine Lane - Streets and Utilities) as it relates to Parcel 10-03600-021-79 (Oberg) and authorize its certification to Dakota County for collection, with the street assessment to be held until the restrictive access easement is executed. Aye: 5 Nay: 0 CounciImember Carlson inquired about the question raised by Mr. Oberg in regard to reducing his lateral benefit. Mayor A wada suggested that if the street assessment is going to be deleted it was no longer necessary to address that issue. NEW BUSINESS CONDITIONAL USE PERMIT - JEFF AND JILL DIETZ City Administrator, Hedges stated that the applicant has verbally requested that consideration of this item be withdrawn. Councilmember Carlson moved, CounciImember Bakken seconded a motion to accept the applicant's verbal request to withdraw consideration of this item. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGE 8 00059 PRELIMINARY SUBDIVISION - CSM LODGING, L.L.c. (TOWNEPLACE SUITES ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. A representative of the applicant was available for questions. CounciImember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision entitled the "TownePlace Suites Addition" located north of Crestridge Lane between I-35E and Pilot Knob Road upon property currently platted as Lot 1, Block 1, Duckwood Bluff subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1,B4 2. The property shall be platted. 3. Cross access/parking easements and covenants shall be established between Lots 1 and 2. Such easements shall be subject to review and approval by the City Attorney and recorded with the plat. A vote was taken on the motion. Aye: 5 Nay: 0 CONSIDER INTERIM ORDINANCE, GREATER CEDARV ALE AREA/HIGHWAY 13 CORRIDOR City Administrator Hedges provided an overview on this item. Mayor A wada invited public comment. Vince Kennedy, 1415 Lone Oak Road, asked how the determination had been made to expand the moratorium to include the area up to Lone Oak Road and if the Comprehensive Guide Plan subcommittee had suggested that the area be reviewed as a potential nF redevelopment district. Mayor A wada stated that the area had been expanded upon recommendation from the Comprehensive Guide Plan Subcommittee and that the only action before the Council is to determine whether to draft an ordinance for consideration of a moratorium. She further stated that the Cedarvale Task Force would make a recommendation as to whether nF should be a part of this. Mr. Kennedy questioned the affect a moratorium will have on future development by Blue Cross Blue Shield. City Attorney Sheldon said that an interim ordinance would not have any effect on property that has already been given preliminary plat approval. Nancy Anderson, 2113 Wuthering Heights Road, asked for clarification regarding what parcels are undeveloped in this area. A business owner at 1950 Shawnee Road expressed concern over the effect of a moratorium on existing businesses. M.C. Gresser, business owner at 1771 Yankee Doodle Road, questioned why the subcommittee decided to include property in the moratorium that has no relationship to the Cedarvale area. He requested that the Council not include his property in the moratorium. 00060 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGE 9 Councilmember Blomquist stated that she had not seen the greater Cedarvale Study Area identified before and added that the Cedarvale Task Force members should decide what area is to be included in the moratorium. She questioned how the determination was made to extend the ar~a to be included in the moratorium to Lone Oak Road. She said that although she is a member of the Comprehensive Guide Plan Subcommittee, she was not part of the discussion that resulted in a recommendation to create a moratorium. She further said that business owners and residents in the area should have been involved and informed about this recommendation. Councilmember Carlson asked about the purpose of including the industrial area in the moratorium. She said that the moratorium could encompass the Cedarvale area. She added that the Cedarvale Task Force should consider this issue and determine the appropriate parameters. Mayor A wada stated that the greater Cedarvale Study Area had already been defined. CounciImember Carlson said she did not remember the greater area being considered for redevelopment. Councilmember Masin asked if proper notification had been given to the affected properties in this area. Mayor Awada noted that the action being considered by the Council is to direct the City Attorney to prepare language for a public hearing to be held to allow discussion by the public at a future City Council meeting. Councilmember Masin stated that the recommendation by the Comprehensive Guide Plan Subcommittee should have been considered by the Council at a work session. Councilmember Masin moved, Councilmember Bakken seconded a motion to discuss the moratorium at a future City Council meeting. Councilmember Carlson indicated that she would be in support of discussing a moratorium in the study area but not in support of discussing a moratorium in the expanded area. CounciImember Blomquist stated that the Cedarvale Study Area encompassed more property than she recalled and said the moratorium is premature at this time. Mayor Awada noted that the City Council had determined the boundaries of the Cedarvale Study Area several months ago. She suggested that the moratorium be limited to the Cedarvale Study Area and extension of the moratorium on the industrial property could be brought to a Council work session for discussion. Councilmember Masin said that additional information should be provided before a determination is made about a moratorium and that notice should be given to property owners in the area. CounciImember Carlson stated that the Cedarvale Study Area moratorium issue should be brought to the first available work session. Mayor Awada concurred. A vote was taken on the motion. Aye: 1 Nay: 4 (Mayor Awada and CounciImembers Blomquist, Carlson and Bakken opposed. CounciImember Carlson moved, CounciImember Blomquist seconded a motion to direct discussion on the Cedarvale Study Area moratorium to the March 16 City Council work session and direction was also given to staff to prepare and mail notices to affected properties within the Cedarvale Study Area. A vote was taken on the motion. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA PETITION REGARDING BLUE GENTIAN CUL-DE-SAC (PROJECT 745) City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1999 PAGE 10 00061. CounciImember Bakken moved, Councilmember Blomquist seconded a motion to accept the petition and schedule this item for reconsideration at the March 16, 1999 City Council meeting. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING CounciImember Blomquist moved, Councilmember Bakken seconded a motion to schedule a Special City Council meeting for March 16, 1999 at 4:30 p.m. Aye: 5 Nay: 0 ROUND TABLE City Administrator Hedges commented on the Eagan Healthy Community Initiative and the request being made by the City for staff assistance from America's Promise. CounciImember Masin mentioned that she attended a budget presentation for ISD 191 and encouraged the public to become informed about the problems affecting the school district. She suggested that staff obtain brochures and a videotape from the NLC regarding the healthy cities initiative. Mayor Awada stated that she would be out of town on the date of the next Retreat. Councilmembers Carlson and Blomquist concurred that the Retreat should be rescheduled. Councilmember Blomquist said that the Lone Oak Years history book has been reprinted and she inquired about the possibility of establishing a budget for the History Committee which would be funded by revenues from the books. Councilmember Bakken stated that he would support this request as long as the budget was subject to annual review by the Council. CounciImember Carlson moved, Councilmember Bakken seconded a motion to designate all proceeds from the sale of the Lone Oak Years history book to the Eagan Historical Committee. Aye: 5 Nay: 0 CounciImember Bakken mentioned that he and CounciImember Masin would be attending the National League of Cities Conference March 5 through 9. ADJOURNMENT The meeting adjourned at 9:30 p.m. MLK March 2, 1999 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.