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05/14/2002 - City Council Special MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY MAY 14, 2002 MUNICPAL CENTER LUNCHROOM 5:00 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services VanOverbeke, Parks and Recreation Director Vraa, Cascade Bay Facility Manager Hunter, Public Works Director Colbert, City Engineer Matthys, Assistant City Administrator Verbrugge, Senior Planner Ridley, Police Chief Therkelsen, and Intern to the City Administrator Lord. I.ROLL CALL AND AGENDA ADOPTION Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended to include discussions regarding a senior survey, solicitor licenses, and the McCarthy property. Aye: 4 Nay: 0 (Councilmember Tilley not present) II.VISITORS TO BE HEARD There were no visitors to be heard. III.REDVELOPMENT ITEMS Highway 55 TIF/ McGough Final Redevelopment Agreement Assistant City Administrator Verbrugge introduced Greg Miller and Mark Fabel of McGough Development Company, who presented McGough?s redevelopment plans and vision for Grand Oaks Business Park, including Blue Gentian Corporate Campus, at the proposed location in the Highway 55 corridor between I-35E and Highway 149. No action was requested; rather, the item was for information only. Eagan resident, Ray Sandford, read a statement regarding the judicial proceedings that are underway in Dakota County court regarding the Highway 55 TIF District. Assistant City Administrator Verbrugge stated that at the advise of the City Attorney, the City has been directed not to comment on the legal proceedings until a final ruling is made. Two (2) Eagan residents that live on Blue Gentian Road spoke regarding their concerns that the City is looking to develop land that is not City-owned, and that purchase prices being negotiated by McGough are not consistent with neighboring properties. Special City Council minutes May 14, 2002 Page 2 The Council discussed the citizens? comments, as well as the development proposal. Council directed further discussion of the item at a June 4 workshop to take place at 4:30PM, prior to the regular City Council meeting. Councilmember Tilley arrived at 5:45 PM Highway 55 TIF/Interstate Partners Assistant City Administrator Verbrugge introduced Greg Miller of Interstate Partners, who presented the development that Interstate is proposing for the northwest quadrant of the Highway 55/149 intersection. The Council discussed the development. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct staff to draft a preliminary redevelopment agreement with Interstate Partners and present the draft at the June 4 workshop. Aye: 5 Nay: 0 Greg Miller addressed the Council regarding escrow funds related to TIF District No. 2-3. Miller asked the City to absorb the costs ($7,948.41) related to condemnation of the Imre parcels. Councilmember Carlson noted that Interstate did all of the clean-up work on the property, which amounted to over $40,000. The Council agreed that the City previously owned the polluted property, and was appreciative that Interstate did all of the clean-up work. Councilmember Carlson moved, Councilmember Fields seconded a motion to release Interstate Partners from the $7,948.41 escrow. A friendly amendment was moved by Councilmember Bakken and accepted by Councilmember Carlson to reimburse Interstate Partners for the $7,948.41 in clean-up costs since it is the not the City?s practice to reimburse escrow payments. A second friendly amendment was moved by Councilmember Bakken and accepted by Councilmember Carlson to waive the applicant?s claim to other reimbursements. Aye: 4 Nay: 1 (Councilmember Tilley opposed) Cedar Grove TIF/ Ryan Final Redevelopment Agreement Assistant City Administrator Verbrugge presented a map of development scenarios to the Council in Cedar Grove and introduced Ryan Companies, with whom the City entered into a preliminary redevelopment agreement for a 175,000 square foot office-showroom project and a 16,000 build-to-suit office in the North District of the Cedar Grove Redevelopment Area. Kent Carlson and Danny Queenan of Ryan Companies presented the site plan for the office-showroom development. The Council discussed the proposed development. The City Council directed further negotiations with Ryan Companies at the June 4 Council workshop. Special City Council minutes May 14, 2002 Page 3 Cedar Grove TIF/ Review of New Proposals Jim Prosser or Ehler?s & Associates provided the Council with overviews of each of the new development proposals that have been received. Prosser presented three (3) senior housing proposals, one (1) commercial proposal, and one (1) mixed-use proposal. The Council discussed the proposals and asked that Senior Planner Ridley inquire on the acreage of Commons on Maurice and Gramercy. The Council also asked Prosser to bring pictures of previous structures built by those who submitted proposals. The Council also directed Prosser to seek out mixed-use senior living (memory care, assisted living, and independent living) for Redevelopment Area 3B. The Council approved of the commercial use of Area 3A and mixed-use development in Area 2B. An Eagan resident voiced her concern that the ?anchors? that were present in the Village Plan are no longer being considered. Prosser informed the Council that he would have additional information on senior housing opportunities in one week and information on the retail opportunities in 30 days. The Council discussed the HRA?s desire to be in Cedar Grove and the HRA?s concern that the land is too expensive. The Council directed staff to contact the HRA to encourage them to look at beginning Phase II in Oakbrooke on Cliff Road. IV.DISCUSS REGULATIONS FOR FREQUENCY OF GARAGE SALES Councilmember Fields informed the Council that a citizen had approached her regarding the frequency of garage sales, which included consignment sales, in the citizen?s neighborhood. Senior Planner Ridley presented a matrix that listed the regulations that neighboring communities have on garage sales. The Council discussed garage sale regulations. The City Council directed staff to prepare an amendment to the City Code to reflect the following changes: Maximum number of garage sales allowed per year: 3 Maximum number of hours allowed per garage sale: 72 There shall be no provisions in the code to prohibit resale or consignment items in a garage sale, craft sales, or public building garage/craft sales. V.DISCUSSION RE: SURVEY FOR OPEN SPACE At the direction of the Council, City Administrator Hedges presented the Council with information regarding the budget allocation for a community-wide survey, estimated expenditures for a survey, and synopses of surveys from Dakota County related to open space. Four citizens were present and voiced their concern over development occurring too quickly and wanting to preserve open space in Eagan. They also informed the Council of Special City Council minutes May 14, 2002 Page 4 grant applications they have submitted and requested that the City put an option on 60 acres of available land North of Wescott. The Council discussed the necessary funding for matching grants and noted the lack of funding that the City has available. They also discussed the need for a community-wide survey and the opportunity to include questions about open space in that survey. City Administrator Hedges informed the Council that $20,000 is budgeted in 2002 for a community-wide survey, and it has been the City?s practice to do a community-wide survey every five years. Hedges also noted that the last community-wide survey was conducted in 1996. Mayor Awada moved, Councilmember Tilley seconded a motion to: ? Prepare survey objectives and topics to be addressed ? Obtain price quotations from reputable businesses that are accustomed to doing Community-wide surveys, and also get price quotations for a single-issue survey. ? Direct staff to bring the sample survey to the Council as soon as possible, preferably in June. Councilmember Tilley offered a friendly amendment, which Mayor Awada accepted, to direct staff to speak to local government survey providers and ask the provider(s) to meet with the City Council before deciding on how the Council wishes to proceed with the survey. Aye: 5 Nay: 0 VI.CASCADE BAY STROLLER POLICY Per the direction of the Council at the April 9 Listening Session, Parks and Recreation Director Vraa presented two options for stroller storage at Cascade Bay. The Council discussed the two options. Mayor Awada moved, Councilmember Fields seconded a motion to approve Option 1, which stated the following: ? Strollers will be stored in a corral under the Typhoon and Hurricane slides (maximum capacity: 20-30 strollers) ? Cascade Bay staff will not check strollers in or out. ? Each guest will put their name on a tag to attach to the handle of his/her stroller, which will be given to the guest when he/she arrives. ? Tags will have a reminder printed on them advising users that all valuables be removed from the stroller before bringing it to the corral and the Cascade Bay staff is not responsible for lost or missing items left in strollers. ? Guests will be able to drop off their towels and personal items at a chair, and push strollers to the corral. Special City Council minutes May 14, 2002 Page 5 ? If staff notices guests taking advantage of the stroller policy by leaving their strollers next to the chairs, staff will be at the liberty to page the owner and move the stroller to the designated area. ? If there are repeated abuses, staff will refuse the privilege of bringing strollers into Cascade Bay during future visits. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley were not present) VII.REVIEW LIQUOR LICENSE VIOLATION HEARING PROCEDURES AND CIVIL PENALTIES Director of Administrative Services VanOverbeke presented a draft ordinance amending City Code Chapter 5 entitled, ?Beer, Wine and Liquor Licensing and Regulation? by amending Section 5.02, Subdivision 4 (G) and (H) regarding liquor license violation penalties and hearings. Included in the amended ordinance would be changes to the penalties including: ? $500 for the first violation ? $1000 for the second violation within a 24-month period ? $1,500 and a seven (7) day suspension of license for a third violation within a 24- month period ? $2,000 and a 30 day suspension, unless a greater civil penalty, or suspension or revocation of the license is determined by the Council, shall be imposed upon the fourth or more violation within a 36-month period Councilmember Bakken moved, Councilmember Fields seconded a motion to direct the preparation of the amended ordinance for consideration on the consent agenda at the May 21 City Council meeting. Aye: 4 Nay: 0 (Councilmember Carlson absent) VIII.CONSIDERATION OF STREETSCAPE SUBCOMMITTEE RECOMMENDATION City Administrator Hedges presented the streetscaping subcommittee?s recommendation to the Council. Mayor Awada moved, Councilmember Tilley seconded a motion to approve the April 16 recommendation of the streetscaping subcommittee. Aye: 3 Nay: 0 (Councilmembers Bakken and Carlson absent) IX.CONSIDERATION OF PART III (2003-2007) UTILITIES AND STREET CIP Public Works Director Colbert presented the 2003-2007 Utilities and Street CIP and noted that the by presenting the CIP, the direction would be to approve the programming of the Special City Council minutes May 14, 2002 Page 6 projects and not approve the projects themselves. The Council discussed the proposed improvements and asked for input from other jurisdictions regarding their participation in the funding. The Council directed staff to list the CIP under Old Business for Council consideration. Councilmember Fields moved, Councilmember Bakken seconded a motion to pull the Northwood Ring Road from the 2003-2007 programming, and rather, list the project under ?future items? in order to reconsider the project next year. Aye: 5 Nay: 0 X. SENIOR SURVEY This item was continued until a later date due to Parks and Recreation Director Vraa not being present. XI.SOLICITORS LICENSE City Administrator Hedges informed the Council of a solicitor that lives out of state who is causing disturbances in Eagan neighborhoods. The Council inquired whether the solicitor?s license could be revoked. The City Attorney, as presented by City Administrator Hedges, stated that regulations on solicitor licenses are difficult due to first amendment rights. Police Chief Therkelsen informed the Council that the City Code lists ?over aggressiveness? and ?refusal to leave? as ?prohibited acts?. The Council directed staff to continue documenting complaints through the City Clerk?s office, and to notice the solicitor of the complaints. XII.ADJOURNMENT The meeting adjourned at 11:45 PM. Date ____________________ City Clerk ______________________ If you need these minutes in an alternative form such as large print, Braille, audio tapes, 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.