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08/17/1999 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 17, 1999 00232 A regular meeting of the Eagan City Council was held on Tuesday, August 17, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Masin and Councilmembers 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 Councilmember Blomquist moved, Acting Mayor Masin seconded a motion to approve the agenda with the exception of Items C, E, F and R of the Consent Agenda which were pulled for consideration under Old Business and Items D, H, I, J, K, L and V of the Consent Agenda which were pulled for consideration under New Business. Aye: 2 Nay: 2 (Councilmembers Carlson and Bakken opposed) The motion failed for lack of a majority. City Administrator Hedges noted that Councilmember Masin had requested that a clarification be provided on correspondence relating to Diffley and Rahn Roads under Department Head Business. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Agenda with the addition of the Diffley IRahn clarification to Department Head Business. Aye: 2 Nay: 2 The motion failed for lack of a majority. Councilmember Masin stated that the Council had agreed to allow items to be pulled from the Consent Agenda to allow further discussion and added that the first motion would be in order. Councilmember Blomquist concurred and stated that the items she requested be pulled needed further discussion and said that she was following Robert's Rules of Order. City Attorney Sheldon stated that the City Council has adopted various processes by which additional discussion can occur on Consent items. He added that the latest procedure that the Council has adopted and put into effect for the last several meetings has been to make motions to remove items from the consent agenda at the time of the adoption of the agenda and to place them on the regular agenda. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the Agenda with the addition to Department Head Business and to allow questions on individual items of the Consent Agenda at the time of the adoption of the Consent Agenda. Aye: 4 Nay: 0 MINU)'ES OF THE AUGUST 3, 1999 REGULAR MEETING Councilmember Blomquist requested that the second sentence in the fifth paragraph on page eight be revised as follows, "Councilmember Blomquist said that she did not want to commit to assessing the neighborhoods until the Council knows if it could be proved if there was direct benefit to the property which would increase the value of the homes," She also requested a change to the last sentence on page nine under Round Table as follows, "Councilmember Blomquist said that the City has an obligation to test the chlorine smell that has been emanating from Cascade Bay." , Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 17, 1999 PAGE 2 00233 VISITORS TO BE HEARD Jeff Gregory, 1322 Deercliff Lane and President of the Wind crest Homeowners Association, stated that he had not received a response from the City in regard to the neighborhood meeting that was held to discuss concerns about Cascade Bay. He further stated that a contractor for the Windcrest Townhomes has not been getting prompt responses from the Inspection Department in regard to permits and inspections. He noted that the City's public improvement policy provides for public hearings. He asked when a public hearing would be held with regard to Cascade Bay. City Administrator Hedges said that a letter had been sent to all people who attended the Cascade Bay neighborhood meeting, He said that Mr. Gregory's letter had been returned to City Hall by the Post Office and said he would send another copy of the letter to him, He stated that he would meet with the Chief Building Official regarding the concerns expressed about the Inspection Department and added that he would be in contact with Mr. Gregory following his discussion. DEPARTMENT HEAD BUSINESS COMMUNITY IMPACT STATEMENT TO GOVERNOR'S AIRPORT FUNDING TASK FORCE City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion approve the draft letter regarding statement of community impacts to the Governor's Airport Community Stabilization Funding Task Force. Aye: 4 Nay: 0 N.O.I.S.E. LEGISLATIVE REGULATORY UPDATE City Administrator Hedges provided an overview on this item. Assistant City Administrator Jamie Verbrugge provided additional information. Councilmember Blomquist moved, Councilmember Bakken seconded a motion to endorse the legislation favoring funding of airport noise programs and to notify Eagan's congressional delegation of those positions. Aye: 4 Nay: 0 RAHN ROADjDIFFLEY ROAD INTERSECTION IMPROVEMENTS City Administrator Hedges provided an update on the status of the Rahn Road and Diffley Road intersection improvements that were addressed in recent correspondence to residents. He noted that no improvement project is proposed at this time, but encouraged residents to submit their comments to the City regarding this intersection. RETIREMENT OF POLICE CHIEF GEAGAN Acting Mayor Masin commented on the retirement of Police Chief Pat Geagan and stated that he will be deeply missed and wished him well. She added that a formal recognition dinner would be held on Thursday, August 19. Police Chief Geagan thanked the past and present City Councils for their support of law enforcement in the City of Eagan. Councilmember Masin moved, Councilmember Blomquist seconded a motion to direct the History Committee to look at a special exhibit in the Police Department honoring former chiefs, employees and other significant events. Aye: 4 Nay: 0 EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 17, 1999 PAGE 3 00234 CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Jennifer McLean as a seasonal lifeguard for Cascade Bay. Item 2. It was recommended to approve the hiring of Sara Rodman as a seasonal recreation worker. Item 3. It was recommended to approve the appointment of Captain Richard Swanson as Acting Chief of Police effective August 27,1999. Item 4. It was recommended to accept the letter of resignation from Patti Porosky, Clerical Technician III at the Maintenance Facility. Item 5. It was recommended to accept the letter of resignation from Richard Redenius, a Patrol Officer in the Police Department. Item 6. It was recommended to accept the letter of resignation of Patrol Officer Jeffrey Jensen. B. Contract 99-10, receive bids/ award contract (Wescott Road and Lexington Avenue - Traffic Signal Improvement). It was recommended to receive the bids for Contract 99-10 (Wescott Road & Lexington Avenue - Traffic Signal Improvements), award the contract to Valley Paving, Inc. for the Base Bid in the amount of $393,248.05, and authorize the Mayor and City Clerk to execute all related documents. C. Proiect 738, receive final assessment roll, schedule public hearing (Rocky Lane - Streets and Utilities). It was recommended to receive the final assessment roll for Project 738 (Rocky Lane - Street & Utilities) and schedule a public hearing for September 21, 1999. (Councilmember Blomquist opposed) D, Project 761, authorize feasibility report (Duckwood Dr. - Street Rehabilitation/Overlay). It was recommended to authorize the preparation of a feasibility report for Project 761, Duckwood Rd. (Street Rehabilitation - Overlay). (Councilmember Blomquist opposed) E. Project 762, receive final assessment roll, schedule public hearing (Duckwood Trail- Street Rehabilitation/Recycling). It was recommended to receive the final assessment roll for Project 762 (Duckwood Trail- Street Rehabilitation/Recycling) and schedule a public hearing for September 21,1999. (Councilmember Blomquist opposed) F. Project 763, receive final assessment roll, schedule public hearing (Duckwood Estates - Street Rehabilitation/Overlay). It was recommended to receive the final assessment roll for Project 763 (Duckwood Estates - Street Rehabilitation/Overlay) and schedule a public hearing for September 21, 1999. (Councilmember Blomquist opposed) G. Project 777, Contract 99-13, receive feasibility report/ approve plans & specs/ authorize ad for bids (Ashbury Road - Traffic Calming), It was recommended to receive the feasibility report for Project 777 (Ashbury Road/Blackhawk Road Traffic Calming Improvements) and to approve plans for Contract 99- 13 (Ashbury Road/Blackhawk Road - Traffic Calming Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Thursday, September 16, 1999. H. Project 780, authorize feasibility report (Galaxie Ave. - Street Rehabilitation/Overlay). It was recommended to authorize the preparation of a feasibility report for Project 780, Galaxie Ave. (Street Rehabilitation - Overlay). (Councilmember Blomquist opposed) EAGAN CITY COUNCIL MEETING MINUTES; AUGUsr 17, 1999 PAGE 4 00235 I. Proiect 781, authorize feasibility report (Vienna Woods Add. - Street Rehabilitation/Overlay). It was recommended to authorize the preparation of a feasibility report for Project 781, Vienna Woods Add. (Street Rehabilitation - Overlay). (Councilmember Blomquist opposed) J. Project 782, authorize feasibility report (Old Sibley Memorial Hwy. - Street Rehabilitation/Resurfacing). It was recommended to authorize the preparation of a feasibility report for Project 782, Old Sibley Memorial Highway (Street Rehabilitation/Resurfacing). (Councilmember Blomquist opposed) K. Project 783, authorize feasibility report (Wilderness Park Add. - Street Rehabilitation/Overlay), It was recommended to authorize the preparation of a feasibility report for Project 783, Wilderness Run Add. (Street Rehabilitation/Overlay). (Councilmember Blomquist opposed) L. Proiect 784, receive petition, authorize feasibility report (Louis Lane/Chapel Lane Ext. - Street Improvement). It was recommended to authorize the preparation of a feasibility report for Project 784 (Louis Lane - Streets). M. Project 96-0, acknowledge completion, authorize City maintenance (Kingswood Ponds Addition- Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. It was recommended to acknowledge the completion of Contract 96-0 (Kingswood Ponds Addition - Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. N. Proiect 97-11, acknowledge completion, authorize City maintenance (Kingswood Ponds 2nd Addition). It was recommended to acknowledge the completion of Contract 97-11 (Kingswood Ponds 2nd Addition- Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. 0, Contract 98-16, approve final payment, authorize City maintenance (Wescott Woodlands). It was recommended to approve the final payment for Contract 98-16 (Wescott Woodlands - Streets & Utilities) in the amount of $76,884.24 to S.M. Hentges & Sons and accept the improvements for perpetual City maintenance subject to warranty provisions. P. Contract 98-18, approve final payment, authorize City maintenance (Oak Pond Hills). It was recommended to approve the final payment for Contract 98-18 (Oak Pond Hills - Streets & Utilities) in the amount of $34,931.98 to S.M. Hentges & Sons and accept the improvements for perpetual City maintenance subject to warranty provisions, Q. Vacation of public right-of-way, receive petition, order public hearing (Old Sibley Memorial Highway), It was recommended to receive the petition to vacate public street right-of-way on Old Sibley Memorial Highway adjacent to Parcel 013-56, Section 19 and authorize a public hearing to be scheduled following an approval of the redevelopment study for the Cedar Avenue and TH 13 area, R. Extension for recording the final plat of Oakbrooke 2nd Addition - Pulte Homes of Minnesota. It was recommended to approve a 90 day extension for recording the final plat for Oakbrooke 2nd Addition, consisting of one lot and one outlot located on Johnny Cake Ridge Road and Deerwood Drive. (Councilmember Blomquist abstained) S. Exemption from lawful gambling license, Blue Cross Blue Shield to conduct a raffle on September 22, 1999. It was recommended to approve an exemption from the lawful gambling requirement for Blue 99- 5 6 Cross Blue Shield of Minnesota to conduct a raffle on September 22, 1999 at 3535 Blue Cross Road. T. Resignation, Solid Waste Abatement Commission. It was recommended to accept the resignation of Ron Moening from the Solid Waste Abatement Commission and authorize staff to contact licensed haulers in the City to seek a replacement for this position. EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 17,1999 PAGES 00236 U. Contract 99-12, receive bids and award contract (Silver Bell Road, Heritage Lane, Galaxie Avenue and Cliff Road - Street and Traffic Signal Improvements). It was recommended to receive the bids for Contract 99-12 (Silver Bell Road, et al- Street and Traffic Signal Improvements) award the contract to Ace Blacktop, Inc for the Base Bid in the amount of $132,923.64, and authorize the Mayor and City Clerk to execute all related documents. V. Request for draft ordinance to consider expanding zoning districts allowing mini-storage. It was recommended to direct staff to prepare an ordinance amendment to provide for, under certain circumstances, mini-storage operations within multiple commercial/industrial zoning districts. W. Final Plat, Highview Country Club Addition, Eller Media, It was recommended to approve a Final Plat (Highview Country Club Addition) that will plat two parcels of land into a single 68.3 acre lot located south of 1-494 and east of TH 13 (2750 Sibley Memorial Highway) in the north 1/2 of Section 4. 99- 5 8 Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the Consent Agenda. Aye; 4 Nay: 0 In regard to Item C, Project 738, receive final assessment roll, schedule public hearing (Rocky Lane - Streets and Utilities), Councilmember Blomquist stated that she was voting against this item because she was concerned about assessing residents for improvements to Rocky Lane, which was upgraded for the Civic Arena parking purposes and to provide access to municipal buildings. Councilmember Carlson stated that Councilmember Blomquist's concerns should be brought up at the time of the final assessment hearing. In regard to Item D, Project 761, authorize feasibility report (Duckwood Dr. - Street Rehabilitation/Overlay), Councilmember Blomquist stated that with regard to Items D, H, I, J and K of the Consent Agenda, she was concerned that the Council has not received enough information about the benefit of the appraisals and indicated that she was voting against all the referenced items. Councilmember Carlson said that the only action being requested by the Council was to approve the feasibility report. She said that the feasibility report would identify the scope of the project, the costs and proposed assessments. Councilmember Blomquist said that since the appraisal study was not complete the Council should not proceed with authorization of the feasibility report. Councilmember Carlson noted that the CLP., which identified these improvement projects, had been approved' unanimously by the Council. Councilmember Masin said that the Council was to have been provided with evaluations on the appraisal process. Councilmember Blomquist stated that she was concerned about incurring costs associated with the preparation of a feasibility report and .said that, absent the appraiser's report, she would be voting against this item. In regard to Item E, Project 762, receive final assessment roll, schedule public hearing (Duckwood Trail- Street Rehabilitation/Recycling), and Item F, Project 763, receive final assessment roll, schedule public hearing (Duckwood Estates - Street Rehabilitation/Overlay). Councilmember Blomquist voted against these items. In regard to Item L, Project 784, receive petition, authorize feasibility report (Louis Lane/Chapel Lane Ext. - Street Improvement), Councilmember Blomquist questioned the Schaafs' position. Director of Public Works Colbert stated that the Schaafs had dedicated public street easement for the westerly half of Louis Lane/Chapel Lane extension and that there were restrictions included in the minutes that stated it was conditioned on the Schaafs requesting the street improvement. He said that the feasibility report would address right-of-way acquisition requirements associated with the public improvement. Councilmember Carlson said that the Schaafs should determine the street name. The Schaafs indicated that Louis Lane would be appropriate. EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 17, 1999 PAGE 6 00237 In regard to Item R, Extension for recording the final plat of Oakbrooke 2nd Addition - Pulte Homes of Minnesota, Councilmember Blomquist abstained from voting on this item. In regard to Item V, Request for draft ordinance to consider expanding zoning districts allowing mini-storage, Councilmember Blomquist suggested that prior to the drafting of an ordinance the Council should determine whether this action would be appropriate given the fact that only one inquiry for a mini-storage in a BP district had been received. Senior Planner Ridley stated that the ordinance amendment will specify under what conditions the mini-storage use would be provided (i.e. as a C.U.P). Councilmember Carlson concurred. Councilmember Bakken stated that it was his understanding that Councilmembers could not vote in opposition to individual items of the Consent Agenda. City Attorney Sheldon stated that the City Council has dispensed with voting on individual Consent Agenda items but has allowed members to vote no on individual items that are separated from the Consent Agenda. PUBLIC HEARINGS PROJECT 694, FINAL ASSESSMENT HEARING - NORTHWOODS PARKWAY (STREETS AND UTILITIES) City Administrator Hedges provided an overview on this item, Director of Public Works Colbert gave staff report. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to open the item for discussion. Aye: 4 Nay: 0 It was noted that there was no one present concerning this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to close the public hearing and approve the final assessment roll for Project 694 (Northwood Parkway - Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT & REZONING - MVT A City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson stated that she preferred the original plan, which called for 456 parking stalls instead of the current proposal of 909 stalls, She added that she was concerned about the leasing of public land for private uses and expressed concern that taxes will not be generated by this use. She further added that this proposal far exceeds typical park and ride sites. She said that there are ample retail establishments in the area and stated that this proposal should be scaled down, Jim Lasceher, representing the MVT A, stated that public transit needs to change its service delivery. He mentioned that a blend of uses around transit stations attracts riders. He noted that the property is currently tax-exempt, but said that once it is placed on the tax rolls it will generate tax revenues. He added that leasing land for private uses will ensure the future longevity of transit station. He further added that the MVf A will be applying for a federal transit authority grant to help offset the costs of the project. He stated that the MVT A is attempting to alleviate multiple commuter trips to retail establishments and thus reduce traffic congestion. Councilmember Carlson reiterated that there is substantial retail development in the area and said that many of the business owners have invested significantly in the area. Mr. Lasceher stated that EAGAN CIlY COUNCIL MEETING MINUTES; AUGUST 17, 1999 PAGE 7 00238 the MVT A is not going to force the market to do anything it does not want to do. He said that the MVT A is proposing to meet with the Chamber of Commerce and local businesses that might be interested in expanding their business at the retail center. He further noted that they would be excluding on-sale liquor uses from the center. Councilmember Carlson stated that the proposed use is too intense for this site and indicated she would be voting against it. Councilmember Blomquist said that the proposed use is a tight fit for this site. She added the City had little control over the uses proposed for the excess MnDOT property. Mr. Lasceher explained the economic reasons for expanding the proposed use of this site. He said that similar transit stations have been successful. Councilmember Bakken asked if the applicant was comfortable with the uses being designated as convenience and not destination uses. Mr. Lasceher stated that the applicant could compile a list of uses that meet the goals of the project while at the same time allowing the development to be successful. Councilmember Masin added that the MVT A has had to do the best it could with this site. She said she would have preferred the Promenade location for a transit station. Councilmember Carlson said that it is not necessary to include a retail element to entice people to ride the bus. Councilmember Bakken concurred and added that the retail use is being provided to subsidize the operation. He further said that the since the MVTA is supported by tax dollars he would be more comfortable with the idea of a business partnership with the private sector. He stated that he was in agreement with the conditions added by the APe. Councilmember Carlson suggested this item be continued to the September 7, 1999 City Council meeting since she was opposed to the proposal, which requires a 4/5's vote by the Council. City Attorney Sheldon stated that the applicant should request the continuance, Mr. Lasceher requested a continuance of the Comprehensive Guide Plan Amendment and Rezoning to the September 7, 1999 City Council meeting. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to continue the Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest 1/4 of Section 15 and the Final Planned Development (rezoning from undesignated to PD, Planned Development) to allow the establishment of a mixed use, retail and transit facility upon 4.5 acres of existing I-35E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest % of Section 15 to the September 7,1999 City Council meeting. Aye: 4 Nay: 0 Councilmember Carlson stated that there is a significant amount of right-of-way that does not have a zoning designation in the City. Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct staff to prepare a review of all existing right-of-ways at a future City Council workshop. Aye: 4 Nay: 0 ADMINISTRATIVE AGENDA SPECIAL CITY COUNCIL MEETINGS FOR AUGUST 24 AND 31 Councilmember Blomquist questioned if the August 24 special City Council meeting could be combined with the August 31 meeting, Councilmember Carlson stated that the EAA had requested to meet with the City Council on August 24. EAGAN CIlY COUNCIL MEETING MINUTF5; AUGUST 17, 1999 PAGES 00239 Councilmember Carlson moved, Councilmember Bakken seconded a motion to schedule a special City Council meeting for Tuesday, August 24 at 5:00 p.m. for the purpose of meeting with the APrC to further discuss potential land acquisition and development concepts for land located in Section 9, north of the Lockheed Martin corporate campus and to schedule a special City Council meeting for Tuesday, August 31 at 6:00 p.m. for the purpose of reviewing a proposed 2000 General Fund Operating Budget. Aye: 4 Nay: 0 PROJECT 750 (HWY. 55 & BLUE WATER RD. - SIGNAL AND ACCESS MODIFICATIONS) Director of Public Works Colbert provided an overview on this item. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a resolution for Project 750 (Hwy. 55 & Blue Water Rd. - Signal & Access Modifications) and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 99- 5 7 ROUND TABLE City Administrator Hedges noted that Sara Blood, the reporter for This Week newspaper, will be covering the Lakeville area instead of the Eagan area. He thanked her for her contribution and noted that Lori Hall is Ms. Blood's replacement. He stated that Director of Parks and Recreation Vraa informed him that, due to shortages in staff, Cascade Bay will close on August 29 and will not be open for the Labor Day weekend. Councilmember Masin said that she volunteered to serve in the Town Hall at the Dakota County Fair and suggested that consideration be given to conducting an Eagan Day at the Fair. Staff was directed to schedule this item for a future work session. Councilmember Masin also noted that there will be a meeting on August 25 to discuss the Fourth of July celebration. She mentioned that she attended a meeting of the 1-494 Corridor Commission. Councilmember Blomquist mentioned that long-time Eagan resident Charlotte McPherson had passed away. ADJOURNMENT The meeting adjourned at 8:40 p.m. AUGUST 17, 1999 Date . MLK ~~ 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, (fDD 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.