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03/20/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 20, 2007 A listening session was held on March 20, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Councilmember Carlson was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on March 6, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Councilmember Carlson was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Engineer Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Fire Chief provided an update on a recent structure fire at Forest Ridge Apartments. CONSENT AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as presented. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the February 13, 2006 Special City Council meeting and the March 6, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Kristin Bock, Kyle Lockwood and Megan McMahon as part time guest services reps at the Community Center. 2. It was recommended to accept the resignation of Stephanie Schanus, part time Clerical Tech III in Community Development. C. Check Registers. It was recommended to ratify the check registers dated March 8, 2007 and March 15, 2007 as presented. D. Exempt Permit . It was recommended to adopt a resolution approving an application for Eagan Ducks 07-12 Unlimited, Chapter 181 to hold a raffle on April 24, 2007 at Royal Cliff, 2280 Cliff Road. E. Tobacco License. It was recommended to approve a Tobacco License change of address for Tobacco Outlet, 3450 Pilot Knob Road. F. Fire Department Operating Procedures. It was recommended to approve the Fire Departments revised Standard Operating Procedures (SOP?s) for implementation. G. Ordinance Amendment. It was recommended to approve an Ordinance Amendment to Chapter 2.50 pertaining to advisory commissions. H. Ordinance Amendment. It was recommended to approve an Ordinance Amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling. I. O?Neill Drive. It was recommended to approve a joint resolution from the City of Mendota Heights and 07-13 the City of Eagan requesting a Municipal Boundary Adjustment for the annexation of that portion of O?Neill Drive within the City of Mendota Heights to the City of Eagan. J. Project 950. It was recommended to cancel Project 950 (Opperman Drive and TH 149-Intersection Reconfiguration). K. Contract 07-02. It was recommended to approve the plans and specifications for Contract 07-02 (Citywide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, April 26, 2007, at the Utility Building, located at 3419 Coachman Point, Eagan MN 55122. Eagan City Council Meeting Minutes March 20, 2007 Page 2 L. Extension of Final Subdivision Approval. It was recommended to approve a 60-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE ¼ of Section 27. M. Ordinance Amendment. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to Permitted Accessory Uses n the Public Facility Zoning District. N. Alcohol Contract. It was recommended to authorize an amendment to the exclusive beverage contract with Holiday Inn that covers the Eagan Community Center to allow for the inclusion of the Eagan Market Fest in Central Park. O. Donation. It was recommended to approve a resolution accepting a $15,000 donation from Gopher 07-14 Resources for the Fire Department for the purchase of an off road / rescue vehicle. P. Liquor License. It was recommended to approve the temporary on-sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 19, 2007. Q. Liquor License. It was recommended to approve the on-sale liquor and Sunday license for GM Eagan LLC, dba Green Mill Restaurant & Bar, 1940 Rahncliff Court. R. Tobacco License. It was recommended to approve a Tobacco License for GM Eagan, LLC (Green Mill Restaurant and Bar), 1940 Rahncliff Court. S. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record the final plat for Manley Commercial Addition, located on O?Neill Drive south of I-494 and west of Argenta Trail in the NE ¼ of Section 1. T. Extension for Recording Final Plat. It was recommended to approve a 90 day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE ¼ of Section 36. U. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor th License for Thomas Holberg, Sherwood Tree Service, 12195 Upper 167 Street West, Lakeville. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS YANKEE DOODLE ROAD CORRIDOR / ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES City Administrator Hedges introduced this item regarding Yankee Doodle Road Corridor and Access Management Study which was initially discussed by Council on December 19, 2006 and continued at subsequent meetings to allow staff more time for additional meetings with concerned parties and to allow the County?s Physical Development Committee to consider the study and its impacts. City Engineer Matthys briefly discussed the study and then introduced Frank Loetterle, SRF, who made a presentation summarizing recommendations for each segment of the study. Roger Kleppe, Blue Cross Blue Shield, discussed concerns regarding the option for the west segment. He suggested that more information is needed regarding the impacts on Blue Cross? parking spaces and review of new land alternatives. Jim Zechmann, Don Stevens, Inc., requested that a study be conducted for a ¾ access to Discovery Road. City Engineer Matthys indicated that a study had been conducted and suggested a meeting be scheduled between City staff and Mr. Zechmann. Dave DeSutter, Don Stevens Inc, presented the results of a travel time study they performed regarding increased distance and time if left turns onto Discovery Rd were prohibited. Aravind Gottemukkula, Traffic Engineer hired by Don Stevens Inc discussed access spacing and the adverse effect the closure of Discovery Road would have on Don Stevens? business. Eagan City Council Meeting Minutes March 20, 2007 Page 3 Clint Racine, Culver?s Restaurant, expressed his support for a traffic signal at Promenade and would like to see the O?Leary median break kept open. He discussed the adverse effects the closing of O?Leary would have on his business. Several Councilmembers expressed interest in connecting O?Leary Lane to the new street proposed along Blue Cross? east property line John Tapper, Gopher Resources, discussed their need for at least a ¾ access from Yankee Doodle Rd to their facility on the north side. The Council inquired about the possibility of shifting the existing full access median break further to the west to meet the County?s spacing requirements. Engineer Matthys identified some potential constraints with topography and buried demolition waste but stated that that specific option has not been evaluated. The Council also questioned whether the segment of Yankee Doodle Rd. would ever need to be increased to 6 lanes. The SRF consultant responded that the traffic projections indicated that the current 4-lane design would be adequate for the projected 20 year study. Al Meinke , Skyline Displays, indicated they would like to see more study conducted for the Discovery Road access. Kristi Sebastian, Dakota County Traffic Engineer, explained the County?s Transportation Policy on access spacing. The Council expressed reservations about the proposed U-Turn option for the Discovery Rd. access issue. Council held a discussion and the following consensus was reached: West Segment (I-35E to Lexington Avenue): 1. Extend 6-lane design ? Yankee Doodle Road from east of Denmark Avenue to east of Lexington Avenue. 2. Denmark Avenue intersection ? Upgrade signal operation from current split phase to a full phase signal with supplemental pavement markings; modify configuration of median between Yankee Doodle and Town Center Drive restricting southbound left turns at Town Center Dr.. 3. Promenade and Blue Cross entrance intersection (Alt. 3W)? Relocate existing intersection slightly to the east with a full phase signal and all-way access, construct a new public street from Yankee Doodle to Town Center Drive near the east property line of the Blue Cross Blue Shied office tower with a direct connection to O?Leary Lane to be further evaluated.. 4. Promenade and Blue Cross entrance intersection (Alt 2W) ? If Alt. 3 W is not feasible, then reconfigure existing full-access intersection and median opening to restrict north-south through movements and restrict left turns onto Yankee Doodle Road from the local side streets. Also restrict left turns from westbound Yankee Doodle into Blue Cross. 5. O?Leary Lane ? Close median opening restricting access to right-in/right-out movements only. Middle Segment (Lexington Avenue to Mike Collins/Ivy Lane): 1. Extend 6-lane design ? Yankee Doodle Road through Lexington Avenue to east of Discovery Road / Golfview Drive. 2. Columbia Drive / Wescott Woodlands Intersection ? Maintain full movement intersection by aligning north-south approaches with side-street stop control allowing for full movements from all approaches. 3. Yankee Doodle Road, east of Columbia Drive ? The driveway on north side of Yankee Doodle Road approximately 650 feet east of Columbia Drive would be removed and relocated to Columbia Dr. The Council directed that the Discovery Dr. access be studied further with the understanding that if a ¾ access is not feasible, then the existing median would be closed as proposed. East Segment (Mike Collins Drive to Highway 149) 1. Maintain 4-lane design ? Yankee Doodle Road from Mike Collins Drive to Highway 149. 2. Mike Collins Drive/Ivy Lane Intersection ? Modify median for ¾ intersection , allowing left turns from Yankee Doodle Road, and restricting left turns and through movements from the side streets with the concurrent construction of the Borchert Lane extension to TH 149. 3. Elrene Road/Compost Site Entrance Intersection ? Install a full phase signal with all-way access Eagan City Council Meeting Minutes March 20, 2007 Page 4 4. TH 149 Intersection ? No changes are being proposed with this study. The Council directed that the Gopher Resources & Lo-Nidy entrances be studied further, including the possibility of relocating it to the west to meet the County?s spacing guidelines. NEW BUSINESS TH PRELIMINARY SUBDIVISION (BLUE RIDGE 7 ADDITION), FINAL PLANNED DEVELOPMENT (LOT 1, BLOCK 1) ? CSM CORPORATION th City Administrator Hedges introduced this item regarding the Preliminary Subdivision of Blue Ridge 7 Addition to create two lots upon approximately 12.88 acres and a Final Planned Development for a 38,335 square foot office/warehouse building on 5.78 acres located on 2975 Lone Oak Drive. City Planner Ridley gave a staff report. The applicant was present to answer questions of the Council. th Councilmember moved, Councilmember seconded a motion to approve a Preliminary Subdivision (Blue Ridge 7 Addition) to create two lots upon approximately 12.88 acres located on 2975 Lone Oak Drive, legally described as th Lot 2, Block 1, Blue Ridge 6 Addition, in the SW ¼ of Section , subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3, B4, C1, C2, C4, D1, E1. 2. The property shall be platted. 3. Cross easements for ingress/egress shall be provided prior to final subdivision approval. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Planned th Development for a 38,335 square foot office / warehouse building upon 5.78 acres (Lot 1, Block 1, Blue Ridge 7 Addition), in the SW ¼ of Section 1. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve release of the building permit prior to final plat approval. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Communications Director Garrison and Advisory Planning Commission / Tech Working Group member discussed a proposed statewide high speed broadband policy to achieve 1 Gigabit access throughout Minnesota by the year 2015. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the High Speed Minnesota 07-15 resolution urging the State of Minnesota to create a statewide high speed broadband policy to achieve 1 Gigabit access throughout Minnesota by the year 2015. Aye: 4 Nay: 0 Communications Director Garrison provided an update on FCC regulations regarding video franchising. The regular City Council meeting was recessed at 9:05 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:10 p.m. . ADMINISTRATIVE AGENDA Eagan City Council Meeting Minutes March 20, 2007 Page 5 There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. The regular City Council meeting was recessed to convene a Closed session to discuss the Supreme Court Hearing relative to Wensmann vs. City of Eagan. The meeting was adjourned at 9:40 p.m. _______________________________ ___________________________________ Date Administrative Secretary / Deputy 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, (651) 675-5000, (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.