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03/19/1996 - City Council Regular 00073 MINUTES OF A REGULAR MEETING OF THE • EAGAN CITY COUNCIL Eagan, Minnesota March 19, 1996 A regular meeting of the Eagan City Council was held on Tuesday, March 19, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Wachter moved, Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Hunter moved,Awada seconded a motion to approve the minutes of the February 27, 1996 Special Council meeting. Aye: 5 Nay: 0 MISMIt MARCF(„ fi 00,00 C,,A,.UN010:4011140,' Councilmember Hunter requested an addition on page 4, indicating that the reason for Councilmember Wachter's abstention is that he is a member of the Holz Farm Task Force. Egan moved, Masin seconded a motion to approve the minutes of the March 4, 1996 Council meeting as amended. Aye: 5 Nay: 0 • Martin Colon, Federal Land Company, expressed a concern about the proposed median closing on Yankee Doodle Road, adjacent to the Yankee Square Shopping Center. He is proposing that a modified left turn be allowed at that location that would allow for left-turn in only. He noted that there is a high number of left turn movements at the intersection of Yankee Doodle Road and Washington Drive. This proposal alleviates some of the pressure from that intersection. He feels closing the median will only exacerbate the problem. He proposes that the median cut be moved approximately 100 feet to the west to allow for more storage. A petition has been submitted from all of the tenants at Yankee Square Shopping Center. Closing the median will have a drastic effect on Yankee Square Shopping Center. He will continue to work with Dakota County staff on the design. Pete Sorenson, Dakota County, reviewed the proposed improvement,and the problems associated with Mr. Colon's request. Dave Everds, Dakota County, noted that the issue isn't just with the fact that the proposal doesn't meet their standards for length between curb cuts. They don't feel the design is safe. There have been a number of accidents in this area over the years. Councilmember Hunter asked what the time line is for this project, and Director of Public Works Colbert indicated that the plans must be submitted by April 2 in order to have the project completed and open for traffic on November 1. Councilmember Hunter noted that the county has the final say for location of curb cuts on county roads. Mayor Egan asked county officials if the city requested the curb cut,whether they would go forward with the project. Mr. Everds indicated they wouldn't. Councilmember Wachter stated he feels safety is important. He questioned whether the median break is feasible. Mayor Egan noted that the county has made it clear that they won't go forward with this project regardless of what the city requests. He suggested Federal Land Company officials continue to work with Dakota County staff on this issue. 070, ( Nrt c,00 A 1111 00074 EAGAN CITY COUNCIL MINUTES; MARCH 19, 1996 PAGE 2 In regard to Item A, Personnel Items, Administrator Hedges expressed appreciation to Diane Palmersheim, Administrative Secretary for the work she has done for Administration and the City Council. In regard to Item L, Park Naming, Lexington-Diffley Athletic Site and Park Adiacent to Red Pine Elementary School, Councilmember Wachter indicated he doesn't like the name recommended for the Lexington-Diffley Athletic Site. He prefers to have parks named after their historical significance if there is any, and this area does have historical significance as a bi-plane touch and go landing field for flight training during World War II. After considerable discussion, it was decided to hold a park-naming contest in the schools. Councilmember Awada asked what the significance is of the name of Hidden Corner Park, and Parks and Recreation Director Vraa gave an explanation. Councilmember Wachter asked whether additional historic sandstone blocks like the stone used at the Lexington-Diffley Athletic Site have been purchased. He feels the stone is beautiful and could be used for other park signs. Parks and Recreation Director Vraa indicated that more stone is available if the Council gives that directions. Wachter moved, Awada seconded a motion to authorize the purchase of additional historic sandstone blocks. Aye: 5 Nay: 0 In regard to Item N, Recommendation, Airport Relations Commission, Evaluation of Noise Abatement Departure Profiles, Councilmember Wachter indicated he would like Assistant to the Administrator Hohenstein to give an explanation to the citizens as to how this will affect the citizens of Eagan. He suggested it be done at a future Council meeting. A. Personnel Items Item 1. It was recommended to approve the hiring of Joanne O'Keefe as a part-time Receptionist/Clerical Tech II in the Police Department. Item 2. It was recommended to approve the hiring of a person to be named as a full-time dispatcher in the Police Department. Item 3. It was recommended to accept the letter of resignation from Diane Palmersheim, Administrative Secretary. Item 4. It was recommended to accept the resignation of MIS Intern Therese Pojman. It was recommended to approve the reclassification of the Level F Secretary position in the Parks and Recreation Department to Level G Office Supervisor. B. Retirement of Police K-9. It was recommended to retire "King", a Police K-9, and authorize that he be given to an interested family. C. Proclamation, Burnsville/Eagan Public Access Volunteer Appreciation Day. It was recommended to proclaim March 22, 1996 to be Burnsville/Eagan Public Access Volunteer Appreciation Day. 96.20 D. Declare Vacancy, Solid Waste Abatement Commission Hauler Representative. It was recommended to declare a vacancy of one hauler representative position on the Solid Waste Abatement Commission and authorize staff to advertise for applications of persons interested in filing the remainder of the position's term. E. Findings of Fact, Conclusions and Resolution on Denial of Conditional Use Permit for Hi-Lex Corporation. It was recommended to approve a resolution of denial making Findings of Fact and • 96.21 00075 EAGAN CITY COUNCIL MINUTES; MARCH 19, 1996 PAGE 3 • Conclusions relative to a conditional use permit for outside storage of chlorine gas and sodium hydroxide for Hi-Lex Corporation as presented. F. Proiect 705, Wescott Road Resurfacing. It was recommended to authorize the preparation of a feasibility report for Project 705. G. Project 706, Wilderness Run Road Resurfacing. It was recommended to authorize the feasibility report for Project 706. H. Project 707, TH 149 & Lone Oak Parkway Signal. It was recommended to authorize the feasibility report for Project 707. I. Proiect 615R, Meadowview Road. It was recommended to receive the feasibility report for Project 615R and schedule a public hearing to be held on April 16, 1996. J. Project 664, Wescott Square Final Assessments. It was recommended to receive the final assessment roll for Project 664 and schedule a public hearing to be held on April 16, 1996. K. Project 643R, Oslund-Timberline Addition Final Assessments. It was recommended to receive the final assessment roll for Project 643R and schedule a public hearing to be held on April 16, 1996. L. Park Naming, Lexington-Difflev Athletic Site and Park Adiacent to Red Pine Elementary School. It was recommended to approve the official name of Hidden Corner Park, and postpone the naming of Lexington- Diffley Athletic Site until after a park naming contest in the schools. M. Resolution, Application for One-Day Off-Site Gambling, Children's Program of Northern Ireland at Cray Research. It was recommended to approve the resolution as presented. 96.22 N. Recommendation, Airport Relations Commission, Evaluation of Noise Abatement Departure Profiles. It was recommended to formally support the implementation and evaluation of the "close-in" noise abatement departure profile for use on the parallel runways southeast of the Twin Cities International Airport. O. Indemnification Agreement,Access to O'Neil Property. It was recommended to approve an agreement indemnifying the owners of the O'Neil property from claims of damages or liability as a result of the Department of Parks and Recreation's effort to salvage material from the old Sell farm. P. Project 709, Kennebec Drive and TH 13/Blackhawk Road. It was recommended to receive a petition and authorize the preparation of a feasibility report for Project 709. Q. Final Planned Development, Rahncliff Dairy Queen. It was recommended to approve the final planned development to allow a 2,780 square foot Dairy Queen restaurant with drive-through window on Lot 2,Block 1, Rahncliff 2nd Addition. Hunter moved, Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 KODOW01,014 • YMCA OF GREATER ST. PAUL - ISSUANCE OF 00076 EAGAN CITY COUNCIL MINUTES; MARCH 19, 1996 PAGE 4 • COMMERCIAL DEVELOPMENT REVENUE BONDS Administrator Hedges reviewed the project and noted that the interest rate is 6.025%. Councilmember Awada asked when the project will be completed, and Tim Staley of the YMCA indicated it will be done in 6-7 weeks. Mayor Egan opened the public hearing, but there was no one present wishing to speak. Awada moved, Masin seconded a motion to close the public hearing and approve the resolution approving the issuance and sale of$1,086,000 commercial development revenue note, series 1996 and authorizing the execution of documents relating thereto for YMCA of Greater Saint Paul project. Aye: 5 Nay: 0 96.23 WAIVER OF SUBDIVISION, LEE AND DENISE BENNETT Community Development Director Reichert gave a staff report, noting the reason they are requesting this lot line change is to save a large oak tree on the property. Administrator Hedges noted that this should be approved with the condition that Lots 27 and 28 be combined as one tax parcel. Mayor Egan opened the public hearing, but there was no one present wishing to speak. After some discussion regarding the reason for the request, Awada moved, Masin seconded a motion to approve the waiver of subdivision to allow a lot line shift of the common lot line between Lots 27 and 28, Block 1, Great Oaks Addition, subject to the condition that the waiver be recorded at Dakota County within 60 days of Council action and documentation provided to the City; and that Lots 27 and 28 be considered one parcel for tax purposes. Aye: 5 Nay: 0 96.24 PROJECT 693, CEDAR GROVE 11TH AND 12TH ADDITION FINAL ASSESSMENTS • Director of Public Works Colbert gave a staff report, noting that the assessments came in higher than the estimate due to the city's request to install breakaway poles. That is being funded by the City's Street Light Utility Enterprise Fund. Councilmember Hunter asked whether breakaway poles will now become the city's standard, and Director of Public Works Colbert responded that it will. This request got caught in the transition of going to breakaway poles. Mayor Egan opened the public hearing, but there was no one present wishing to speak. Hunter moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 693 and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 645, BLACKHAWK HILLS FINAL ASSESSMENTS Director of Public Works Colbert gave a staff report, noting an objection was received today from James B. Kennedy, 3684 Birchpond Place. Mayor Egan opened the public hearing, but there was no one present wishing to speak. Some discussion followed concerning the condition of the asphalt in this area. Hunter moved, Awada seconded a motion to close the public hearing and approve the final assessment roll for Project 645 and authorize its certification to Dakota County. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, TREE PRESERVATION ORDINANCE Community Development Director Reichert gave a staff report, noting a slight modification to C, 4, a, regarding mitigation, to state that the money will be set aside in a specific tree replacement fund. A modified version of the ordinance was handed out. Councilmember Awada asked why the tree diameter requirement is being reduced from 8"to 6". Gregg Hove, City Forester, indicated this was done primarily because of the oaks and other hardwood trees that are long lived and slow growing. He feels those trees 0007 EAGAN CITY COUNCIL MINUTES; MARCH 19, 1996 PAGE 5 are very important to the future forest of the city. Even though they are smaller in size, they could be 50 years old and deserve attention. Councilmember Wachter indicated he concurs with that requirement. Councilmember Hunter noted that this policy has been in effect for several years, but the ordinance gives the financial guarantees to enforce the policy. Wachter moved, Hunter seconded a motion to approve the proposed ordinance amendment to Chapter 11 entitled "Land Use Regulations" by adding Section 11.10, Subd. 15.1 regarding tree preservation regulations and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Aye: 5 Nay: 0 Discussion followed on the boulevard tree maintenance and reforestation programs, fertilization of trees, and what is being done regarding gypsy moths in Eagan. ORDINANCE AMENDMENT, ADULT USE ESTABLISHMENTS - EXTENSION OF MORATORIUM Councilmember Hunter asked whether there is a limit to how long a moratorium can be. City Attorney Sheldon responded that moratoriums can be for one year with an 18 month extension. This extension will provide for the maximum amount of time for a moratorium. Awada moved,Wachter seconded a motion to approve the proposed ordinance amendment to Chapter 11 entitled "Land Use Regulations" by adding Section 11.06 to the code of ordinances extending a moratorium for 18 months on the siting of adult use establishments within any zoning district in the City of Eagan and directing the study to continue. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPMENT, FINAL SUBDIVISION, AND VACATION OF PONDING EASEMENT - OPUS CORPORATION (EAGAN PROMENADE) Administrator Hedges noted that there are some unresolved issues on financing with the county, and it is anticipated to have them resolved in two weeks. Hunter moved, Wachter seconded a motion to continue this for two weeks. Aye: 5 Nay: 0 1''EGIS1:141'IVI M/0009£*1ME1040001RS V.DW MVTA/BLACKHAWK PARK & RIDE Administrator Hedges indicated he received a request from the Minnesota Valley Transit Authority for 50%funding of a surveillance system at the Blackhawk Park&Ride lot. They are suggesting that rather than removing the berm, that a surveillance system be installed. Mayor Egan indicated he supports the installation of a surveillance system, but this has not been budgeted for. He feels it is more appropriate to come out of the MVTA budget. It is clearly within their jurisdiction. Councilmember Wachter concurred. The city has never been involved in this before. Councilmember Hunter noted that the city keeps getting asked to get involved in more and more things. This is clearly MVTA funding. If a surveillance system is needed,the MVTA should provide it. Councilmember Awada concurred. Awada moved, Hunter seconded a motion to deny a request for a contribution of$3,640 toward the cost of a surveillance system. Aye: 4 Nay: 0 (Councilmember Masin abstained due to the fact that she is on the MVTA Board.) Administrator Hedges gave a report on the National League of Cities Conference attended by himself, Mayor Egan and Councilmember Wachter. Special City Council Meetings. Masin moved, Wachter seconded a motion to approve special City Council meetings for April 2 at 5:00 p.m.; April 9 at 6:30 p.m.; and April 23 at 5:00 p.m. Aye: 5 Nay: 0 00078 EAGAN CITY COUNCIL MINUTES; MARCH 19, 1996 PAGE 6 • Property Tax Freeze. Administrator Hedges reviewed legislation regarding the dual track airport issue and a proposed property tax freeze. Discussion followed concerning how a property tax freeze will affect city services and the park bond referendum. Councilmembers urged continued opposition to a property tax freeze. • ' Administrator Hedges gave an update on the Internet and developing a home page for the City of Eagan. Councilmember Wachter stated he recently read an article concerning the number of accidents that are caused by people using cellular phones, and wondered whether the city should have a policy that city employees pull over to the side of the road when making phone calls on cellular phones. Other Councilmembers disagreed, feeling it defeats the purpose of having them. Councilmember Masin reported on a Healthy Communities meeting she attended and the upcoming county-wide event for building and sustaining healthy communities on April 25th. She also reported on the Dakota League of Governments meeting. Councilmember Hunter gave an update on the recent rail accident in Wisconsin and their plans for bringing the people evacuated back to their homes. 0#041C:RE di tit* Wachter moved, Egan seconded a motion to approve the check register dated March 15, 1996 in the amount of$1,569,875.06. Aye: 5 Nay: 0 10U tNMENVY The meeting adjourned at 8:14 p.m. DLP March 19, 1996 A • A. t�— ►.. _�,", e Date 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, marital status or status with regard to public assistance.