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05/17/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 17, 2005 A Listening Session was held May 17, 2005 at 6:00 p.m. prior to the regular City Council meeting. Sharon Isabart representing the Carriage Hills neighborhood encouraged the Council to appeal the recent court decision regarding the Carriage Hills Golf Course property. John Felde, representing the Charter Commission, requested $300 from the City for legal representation in pending litigation against the Commission. A regular meeting of the Eagan City Council was held on May 17, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA nd It was noted that item C under Old Business (Halley?s 2 Addition) will be continued to the July 19, 2005 Council meeting; and item B under New Business (Interim Ordinance) is being removed from the agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Andy Schriner, representing Qwest, announced that DSL will expand for 2000 additional subscribers. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 3, 2005 regular City Council meeting and the April 26, 2005 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Jill Ondrey as Crime Prevention Specialist in the Police Department. 2. It was recommended to approve the hiring of Abbey Adamus, Kayla Csargo, Albert Everling, Trevor Flaten, Heather Jensen, Mitchel Johnson, kaelyn Matteson, Erin McDermott, Audrey Rehwaldt, Kristi Swift, Harith Walli and Jackie Wright as part-time seasonal Guest Relations Workers at Cascade Bay. 3. It was recommended to approve the hiring of Kelsey Allen, Sean Bjordal, Aly Cooper, Nathan Fowler, Emily Graham, Corey Hiben, Kristen Manias and Alexis as part-time seasonal pool attendants at Cascade Bay. 4. It was recommended to approve the hiring of Derek Jahn, Amanda Monn, Kristin O?Brien, JackieRose, Joni Tobin and Sara Towle as part-time seasonal lifeguards at Cascade Bay. 5. It was recommended to approve the hiring of Joseph Morrison as a part-time seasonal maintenance worker at Cascade Bay. 6. It was recommended to approve the hiring of Matt Janquart as a seasonal Water Resources Assistant. C. Check Registers. It was recommended to ratify the check registers dated May 5, 2005 and May 12, 2005 as presented. D. Project 813. It was recommended to receive the Final Assessment Roll for Project 813 (Central Parkway ? Streetscaping Improvements) and schedule a public hearing to be held on June 21, 2005. 05-24 E. Donation. It was recommended to approve a resolution accepting a donation from the Relief Association to the Fire Department. F. Liquor License. It was recommended to approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 2-4, 2005) and waive the $25 license fee. Eagan City Council Meeting Minutes May 17, 2005 Page 2 G. Liquor License. It was recommended to approve the off-sale 3.2 percent malt liquor license for New- Mart, Inc. dba New-Mart, 1969 Silver Bell Road. H. On-Sale and Sunday License. It was recommended to approve the on-sale liquor and Sunday license for Eagan Jakes, Inc. dba Jake?s City Grille. I. Final Plat. It was recommended to approve a Final Plat (Dakota Ridge Best Western) to create one lot on 05-25 approximately 3.1 acres located at 3450 Washington Drive in the NE ¼ of Section 16. J. Final Plat. It was recommended to approve a Final Plat (Camp Butwin) to create one lot on 05-26 th approximately 84 acres located off 120 Street in the SW ¼ of Section 35. K. Final Subdivision. It was recommended to approve a Final Subdivision, Wings Addition, to create two 05-27 lots on approximately 3.3 acres located at 3240 Denmark Avenue in the SE ¼ of Section 10. L. Extension for Recording Final Plat. It was recommended to approve an extension of 60 days to record the Final Plat for Awad Addition, located at 2150 James Street in the SW ¼ of Section 31. M. Cascade Bay Pool Repairs. It was recommended to authorize staff to approve necessary changes to the Cascade Bay pool repairs/restoration project prior to submitting them for individual council approval. N. Wetland Delineation. It was recommended to confirm the wetland delineation reports submitted for Nicols Ridge?s Gonyea, Joos and Lachenmeyer parcels. O. RFQ. It was recommended to authorize staff to pursue Requests for Quotations to identify costs associated with pursuing a potential historic designation for Holz Farm. P. MVTA Joint Powers Agreement. It was recommended to approve the amended and restated MTA Joint Powers Agreement. Q. Shows License. It was recommended to approve a Shows License for the Eagan Lion?s Club to hold the th July 4 Fun Fest at Eagan?s Central Park. R. Parade Permit. It was recommended to approve a Parade Permit for the Eagan?s Lion?s Club to hold the th July 4 Parade and waive the application fee. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 1, BLOCK 1, HAWTHORNE RIDGE EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements on Lot 1, Block 1, Hawthorne Ridge. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easements on Lot 1, Block 1, Hawthorne Ridge and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS RESOLUTIONS OF INTENT TO PARTICIPATE IN DAKOTA COUNTY 800 MHz RADIO NETWORK AND CONSOLIDATED PSAP City Administrator Hedges introduced this item regarding the Dakota County Radio Network, which has been previously discussed at a Council work session. Chief of Police Therkelsen discussed the proposed project. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Resolution to join the 05-28 Dakota County 800 MHz Public Safety Radio Subsystem. Aye: 5 Nay: 0 05-29 Eagan City Council Meeting Minutes May 17, 2005 Page 3 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Resolution to participate in a Dakota County Joint Dispatch Center ? Consolidated Public Safety Answering Point (PSAP). Aye: 5 Nay: 0 PARK AND TRAIL DEDICATION RECONSIDERATION ? EAGAN DENTAL ASSOCIATES City Administrator Hedges introduced this item regarding a request for a refund of $5,275 for park and trail dedication for Eagan Dental Associates. City Planner Ridley gave a staff report. It was noted that the APrC considered the matter at their May 16, 2005 meeting and recommended a partial rebate in return for a conservation easement over the unused property. After discussion with the applicant it was the consensus of the Council that a refund for the park and trail dedication was not warranted. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a refund of $5,275.00 for park nd and trail dedication for Lot 1, Block 2, Lexington 2 Addition (Eagan Dental Associates) Aye: 4 Nay: 0 (Tilley abstained) ND FINAL PLAT (HALLEY?S 2 ADDITION) MANLEY LAND DEVELOPMENT th This item was continued to July 19 during the adoption of the agenda. NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT ? PASTER ENTERPRISES, INC. City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from Special Area ? Office/Service, to Special Area ? Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. City Planner Ridley gave a staff report. Howard Paster, Paster Enterprises, discussed the history of Paster Enterprises and the proposed retail development. Ken Hempkist discussed the landscape design of the proposed site plan. Jack Andahl discussed the architectural design and Vern Swing discussed traffic issues. A representative of the Gramercy Co-Operative spoke in favor of the proposed Comprehensive Plan Amendment, stating the retail development would be an asset to the area. Members of the Perron family, owners of the subject property, and their attorney, requested the Council approve the amendment, stating there has been no interested buyers for the land with the current zoning designation. One resident of the Gramercy Co-Op and a letter received on May 17, 2005 opposed the proposed retail plans. Councilmembers, staff and the City Attorney held a discussion which included an upcoming community survey, the need for additional retail businesses in the City, and the inclusion of adjacent property in the proposed plan. Councilmembers also spoke about the need to identify anchor tenants and a way to ensure the end product would be as unique and exciting as the applicant portrayed when he explained the different types of features including architecture, pedestrian connections, tenant mix, abundance of landscaping, etc. It was suggested by the City Attorney that the applicant request this item be continued and bring additional information back before the Council for further review. Mr. Paster requested that consideration of their application for a Comprehensive Guide Plan st amendment be continued until the June 21 meeting at which time an update on the proposed retail project will be provided. Eagan City Council Meeting Minutes May 17, 2005 Page 4 INTERIM ORDINANCE TO CREATE A MORATORIUM FOR THE AREA IN SOUTHEAST EAGAN BOUNDED BY RED PINE LANE, GUN CLUB ROAD, STATE HIGHWAY 3 AND THE RED PINE SCHOOL PROPERTY This item was removed from the agenda at the time the agenda was adopted. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Public Works Director Colbert provided an update regarding the Transportation Bill that is currently before the Legislature. It was agreed that individual City Council members would address the Bill. ADMINISTRATIVE AGENDA CHANGE IN WORKSHOP DATE City Administrator Hedges discussed the need to change the June 13 City Council workshop to June 15 due to the Jewish holiday Shavuot. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a change in the June workshop date from Monday, June 13 to Wednesday, June 15 to recognize the Jewish holiday Shavuot. Aye: 5 Nay: 0 SETTLEMENT AGREEMENT ? CITY AND TODD WAGNER City Administrator Hedges stated that a settlement agreement with Todd Wagner had been reached. He stated that if Council wished to discuss the settlement, they could do so in the Executive Session. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the Settlement Agreement between the City and Todd Wagner. Aye: 5 Nay: 0 EAGAN LAKES APPRECIATION MONTH City Administrator Hedges stated that the Advisory Parks Commission and the Gun Club Lake Management Organization had unanimously recommended the designation of June as Eagan Lakes Appreciation Month. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt a resolution designating June as 05-30 Eagan Lakes Appreciation Month. Aye: 5 Nay: 0 REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to undertake a master plan study for southeast Eagan. Aye: 5 Nay: 0 NEW RUNWAY / AIRPORT UPDATE Assistant to the City Administrator Miller discussed the possibility of hiring of a consulting firm to design and implement baseline noise measurements in preparation for the opening of runway 17/35 at the Minneapolis ? St. Paul Airport. One resident spoke encouraging the Council to implement the baseline noise measurements, especially in school areas. Eagan City Council Meeting Minutes May 17, 2005 Page 5 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the hiring of a consulting firm to design and implement baseline noise measurements in preparation for the opening of runway 17/35 at the Minneapolis ? St. Paul airport. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:15 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ 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.