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09/14/1998 - City Council RegularEAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 PAGE 1 000334 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 14,1998 A regular meeting of the Eagan City Council was held on Tuesday, September 14,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, City Engineer Russ Matthys, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges noted that the City Council would need to schedule a Special City Council meeting for the purpose of reviewing the remaining budgets. He stated that a petition had been received in regard to the even/odd year election issue and said the matter could be discussed under Department Head Business. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE SEPTEMBER 1, 1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE SEPTEMBER 1, 1998 SPECIAL MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE AUGUST 25,1998 SPECIAL MEETING Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS NAMING OF LAKES City Administrator Hedges provided an overview on this item. Councilmember Wachter moved, Councilmember Awada seconded a motion to adopt the recommended names by the Historical Society for Eagan lakes and ponds which are currently only identified by number. Aye: 5 Nay: 0 (Mayor Egan and Councilmember Masin opposed changing the name of LP 26 from Fitz to Reinke Lake) EVEN/ODD YEAR PETITION City Administrator Hedges provided an overview on this item. City Attorney Sheldon reviewed the responses given by Mr. Mansky of the Secretary of States Office in regard to questions pertaining to the petition. He noted that according to the Secretary of States Office the question cannot be put on the November 3,1998 ballot because the required number of signatures were not submitted on the petition 60 days prior to the General Election. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 PAGE 2 r-- 00335 Councilmember Masin asked about the subsequent steps that need to be taken if enough signatures are received on the petition. City Attorney Sheldon stated that the matter will be brought back to the Council at the October 6 or 20 City Council meeting for the Council to address. Mayor Egan noted that the issue of whether more than one question is being asked on the petitions still needs to be addressed in addition to a number of other questions. Councilmember Blomquist said that it was her understanding that over 3,000 signatures have been received to date. Finance Director/City Clerk VanOverbeke stated that 3,012 names have been received as of noon today but they have not been checked for duplication. Mayor Egan stated that it needs to be determined whether the names on the petition can be printed or if only a signature is valid. He asked if there is much case law on this subject. City Attorney Sheldon indicated that not much information is available. City Administrator Hedges asked the City Attorney to explain the timeframe in which a petition must be filed with the City following enactment of the ordinance changing from even to odd year elections. City Attorney Sheldon stated that a petition must be received within 180 days of the publication of the ordinance changing the election from even to odd years. Councilmember Blomquist said that the public should be informed as to when this issue will be on the City Council agenda. She thanked everyone who signed the petition. Finance Director/City Clerk VanOverbeke stated that verification of the names may take some time. Councilmember Blomquist moved, Councilmember Masin seconded a motion to schedule the even/odd year petition on the October 20,1998 City Council meeting agenda. Aye: 5 Nay: 0 Councilmember Masin commented on the Employee Recognition Picnic that was held on September 10. She mentioned that a police officer was recognized for 30 years of service to the City. She suggested that the employee be invited to attend the next City Council meeting to provide an opportunity for the Police Chief to officially recognize him. She also commented on the special awards that were given to other employees in recognition of their special contributions and suggested that their names be placed on the government channel on cable. Councilmember Awada commended Director of Parks and Recreation Vraa on the ceremony celebrating the grand opening of the second sheet of ice and the groundbreaking of the Aquatic Facility. Councilmember Masin inquired about the appropriateness of election signs being placed on public property near the Municipal Center Building. Finance Director/City Clerk VanOverbeke stated that the Council's earlier action to change the election sign policy did not affect the placement of signs on public property. He added that campaign signs cannot be placed within 100 feet of a polling place on election day. Councilmember Masin said she is concerned with the placement of signs near public buildings. She noted that in the City of Burnsville eight public properties are designated as acceptable locations where campaign signs may be placed. Councilmember Masin moved, Councilmember Blomquist seconded a motion to consider an ordinance that would restrict election signs on certain public properties. Aye: 5 Nay: 0 CONSENT AGENDA In regard to Item R, Contract 98-10, approve Change Order #1, Thomas Lake Outlet Control (Utility Improvement), Councilmember Wachter asked about the purpose of this improvement and if the level of the lake will be changed. City Engineer Matthys stated that the elevation will remain the same. He added that the City did receive DNR approval for this improvement. He further added that the purpose for this improvement is to try and shorten the time it takes to move water through the lake and to reduce flooding of EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 PAGE 3 `)0336 property on the east side of the lake and also upstream. Councilmember Blomquist said she wants to ensure that the homes on the east side do not continue to get flooded. Matthys stated that this is one of many solutions to address that problem. A. Personnel Items Item 1. It was recommended to approve the hiring of Kristi Organ as the Aquatic Facility Manager. Item 2. It was recommended to approve the hiring of Jill Gilbertson as a Clerical Technician III in the Police Department. Item 3. It was recommended to approve the hiring of a person to be recommended as a Dispatcher in the Police Department, contingent upon successful completion of the psychological examination. Item 4. It was recommended to approve the hiring of Ron Hall as a seasonal Park Maintenance Worker. Item 5. It was recommended to approve the hiring of Bradley Champlin as part-time seasonal Basketball Scorekeeper. Item 6. It was recommended to approve the hiring of Ken Freeman as a part-time seasonal Football Official and of Holly Confer as a part-time seasonal Football Field Assistant. Item 7. It was recommended to approve filling the Program and Events Supervisor position in 1998. Item 8. It was recommended to approve the retirement of Lorene Lee, Accounts Payable Clerk. B. Exempt Permit, Blue Cross Blue Shield, to conduct raffles on September 19 & 25, 1998. It was 9 8 - 7 6 recommended to approve an exemption from the lawful gambling requirement for Blue Cross Blue Shield of Minnesota to conduct raffles on September 19 and 25, 1998 at 3535 Blue Cross Road. C. Renewal, Amusement Device License for American Amusement, dba Italian Pie Shoppe. It was recommended to approve an amusement device license renewal for American Amusement, dba Italina Pie Shoppe. D. Engagement Letter for auditing services, Kern, DeWenter, Viere, Ltd. for year ending December 31, 1998. It was recommended to approve the engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year ending December 31, 1998. E. Award contract, winter trail maintenance contractual services. It was recommended to receive the bids for providing contractual services for the Winter Trail Maintenance Program, award the contract to Kieger Enterprises and authorize the Mayor and City Clerk to execute all related documents. F. Project 668, approve plans, Lone Oak Road (Neil Armstrong Blvd. to Lone Oak Drive). It was recommended to approve the resolution accepting the plans for the proposed improvement of Lone Oak Road (County Road 26), Neil Armstrong Boulevard to Lone Oak Drive and authorize the Mayor and City Clerk to execute all related documents. G. Contract 98-16, approve Change Order #1, Wescott Woodlands (Street & Utility Improvements). It was 9 8 - 7 7 recommended to approve the resolution accepting the plans for the proposed improvement of Lone Oak Road (County Road 26), from Neil Armstrong Boulevard to Lone Oak Drive and authorize the Mayor and City Clerk to execute all related documents. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 PAGE 4 00337 H. Project 95-DDD, acknowledge completion /authorize City maintenance (Eagan Promenade). It was recommended to acknowledge the completion of Contract 95-DDD (Eagan Promenade - Streets and Utilities) and authorize perpetual City maintenance subject to warranty provisions. 1. Project 97-GG, acknowledge completion/ authorize City maintenance (Eagandale Center Industrial Park #3). It was recommended to acknowledge the completion of Contract 97-GG (Eagandale Center Industrial Park No. 13 - Utilities) and authorize perpetual City maintenance subject to warranty provisions. J. Project 749, authorize feasibility report (East Hwy. 55 South Frontage Road - Reconstruction). It was recommended to authorize the preparation of a feasibility report for Project 749 (East Highway 55 South Frontage Road - Street Improvements). K. Project 750, authorize feasibility report ((Hwy. 55 & Bluewater Road - Access Modifications & New Frontage Rd.). It was recommended to authorize the preparation of a feasibility report for Project 750 (Highway 55 & Bluewater Road - Access Modifications & New Frontage Road). - L. Final Subdivision & Final Planned Development, OCB Realty Co. for Eagan Woods Park 2nd Addition. It 98-78 was recommended to approve the Final Planned Development for a 98,314 square foot office building to be located west of Pilot Knob Road and east of Lost Spur Country Club in the NE 1/4 of Section 4 and it was recommended to approve the Final Subdivision (Eagan Woods Office Park 2nd Addition) consisting of one lot and three outlots located west of Pilot Knob Road and east of Lost Spur Country Club in the NE 1/4 of Section 4. M. Final Plat, Hoffman Homes for Cliff Lake Shores 2nd Addition. It was recommended to approve the Final 98-79 Plat for Cliff Lake Shores 2nd Addition located south of Cliff Lake Road and west of I-35E in the SW quarter of Section 29. N. Contract renewal, Lifeworks Services Inc. for janitorial service. It was recommended to approve a contract renewal with Lifeworks Services Inc. for the period of 8/25/98 to 8/25/99 and authorize signature. 0. Permit renewal, Michael Krolick, to operate motorized golf cart. It was recommended to approve a permit renewal to operate a motorized golf cart on designated streets for Michael Krolick. P. Approve Change Order #4, Civic Arena. It was recommended to approve Change Order #4 for the Civic Arena, which include changes to accommodate high school team room. Additional cost to the project is $294.00 and the cost associated with the team rooms is $6,191.00 for a total change order of $6,485.00. Q. Approve change in on-sale beer license for Donald M. Larsen (Parkview Golf Course) to a Limited Liabili , Corporation. It was recommended to approve change in on-sale beer license for Donald M. Larsen (Parkview Golf Course) from sole proprietorship to a limited liability corporation. R. Contract 98-10, approve Change Order #1, Thomas Lake Outlet Control (Utility Improvement). It was recommended to approve Change Order No. 1 to Contract 98-10 (Thomas Lake Outlet Control - Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. S. Modification, Preliminary Planned Development, The Home Depot. It was recommended to approve a change to the condition of the Preliminary Planned Development regarding the exterior building materials for Home Depot. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 ??? PAGE 5 PUBLIC HEARINGS PROJECT 747, OAKVIEW CENTER (HWY. 149 & 55 - SIGNAL REVISION) City Administrator Hedges provided an overview on this item. He noted that it was necessary to continue this item to the October 20, 1998 City Council meeting. Mayor Egan opened the public hearing to anyone wishing to speak. Councilmember Wachter moved, Councilmember Masin seconded a motion to continue Project 747 (Hwy. 149 and TH 55/Oakview Center - Street/Signalization Improvements) to the October 20, 1998 City Council meeting. Aye: 5 Nay: 0 PROJECT 720, FINAL ASSESSMENT HEARING EAGAN BUSINESS COMMONS (STREET AND UTILITIES) City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report and noted that the developer and owner have waived any objections to the final assessments. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the final assessment roll for Project 720 (Eagan Business Commons - Street and Utilities) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 688, FINAL ASSESSMENT HEARING EAGANDALE CORPORATE CENTER (STREET AND UTILITIES) City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report and noted that the developer and owner have waived any objections to the final assessments. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Masin moved, Councilmember Awada seconded a motion to close the public hearing and approve the final assessment roll for Project 688 (Eagandale Corporate Center - Street and Utilities) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 VACATE DRAINAGE AND UTILITY EASEMENTS EAGANDALE CORPORATE CENTER 1ST ADDITION report. City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the vacation of public easements within Eagandale Corporate Center and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 C1L1?In?? PAGE 6 VACATE DRAINAGE AND UTILITY EASEMENTS LOT 3, BLOCK 3, WESCOTT GARDENS Councilmember Awada moved, Councilmember Masin seconded a motion to reschedule the public hearing for the vacation of a public easement within Lot 3, Block 3, Wescott Gardens to the October 6, 1998 City Council meeting. Aye: 5 Nay: 0 VARIANCE, STEPHEN F. WESTERLUND City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Stephen Westerlund, applicant, stated that he contacted the management company for the Pines Condominiums and requested access to their property for construction purposes and received verbal approval from them. He added that a natural bank of trees separate his property from the condominiums. He noted that the garage was designed with a back door to limit the need to walk on the condominium property. He further noted that the six inch overhang that was proposed for the soffit has been eliminated and it will now be flush with the side of the garage. A resident of the Pines Condominiums stated that he was on the Board of Directors for the Homeowners Association and said that the neighbors have been informed about this request but had little information. He said that new management recently took over at the Pines and the Board has not had an opportunity to discuss this request. Councilmember Masin moved, Councilmember Awada seconded a motion to continue the five (5) foot Variance to the required five (5) foot accessory structure setback from the side property line in a single family zoning district for Lot 10, Block 3, Hilltop Estates to the October 6, 1998 City Council meeting. Aye: 5 Nay: 0 Councilmember Awada stated that the Council has never granted a zero setback variance and added that the soffit should not overhang onto the Pines' property. VACATE DRAINAGE AND UTILITY EASEMENTS LOT 10, BLOCK 3, HILLTOP ESTATES Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the public hearing for the vacation of a public easement within Hilltop Estates to the October 6, 1998 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS REVIEW COMMENTS ON AUAR DOCUMENT GRAND OAK BUSINESS PARK City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report. He discussed the mitigation plan and the cost to the City for the identified improvements. Jennie Ross, representing SRF Consulting Group, stated that the public comments that were received have been summarized and responses are being prepared for inclusion in the final document. She further discussed the mitigation plan and added that Council comments should be received before September 25. Councilmember Masin commented on the significant environmental and water quality impacts that will occur as a result of proposed development in this area and asked if the Advisory Parks Commission has EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 PAGE 7 00340 reviewed the AUAR. City Engineer Matthys stated that the water quality issues had been addressed by Water Resources Coordinator Brasch. Ms. Ross said that mitigation measures have been identified by Brasch. City Administrator Hedges added that he could check with Director of Parks and Recreation Vraa to see if the AUAR fits the criteria for review by the APrC. Councilmember Wachter stated that staff review from the Parks Department may be sufficient. Councilmember Awada and Mayor Egan expressed concerns about the cost to the City to implement the identified improvements. Direction was provided to staff to release and distribute the final AUAR Document. NEW BUSINESS CERTIFICATION OF PRELIMINARY 1999 PROPERTY TAX, APPROVAL OF PRELIMINARY 1999 GENERAL FUND OPERATING BUDGET, APPROVAL OF TRUTH-IN-TAXATION HEARING DATES AND CHANGE DECEMBER 1, 1998 CITY COUNCIL MEETING TO NOVEMBER 30,1998 City Administrator Hedges provided an overview on this item. Councilmember Wachter expressed his displeasure with the City having to contribute to fiscal disparities. Councilmember Blomquist concurred and added that she would like to see the Council tighten the budget more next year. Mayor Egan stated that the Council is always thinking of ways to save money and present a lean budget. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the preliminary 1999 property tax levy as follows: City Operations $13,496,602 MVTA Opt-Out Transit 1,978,435 Cedarvale Special Services District 12,000 Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the preliminary 1999 General Fund Operating Budget balanced at $17,241,600. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Masin seconded a motion to approve the Truth-in- Taxation hearing dates and to reschedule the regular City Council meeting date as follows: 1. Initial Hearing - Monday, November 30, 1998 2. Continuation Hearing - Tuesday, December 15, 1998 3. Regular City Council meeting of December 1, 1998 is rescheduled to Monday, November 30, 1998 Aye: 5 Nay: 0 AGREEMENT WITH DAKOTA COUNTY FOR THE PURCHASE, USE & MAINTENANCE OF ELECTRONIC VOTING SYSTEM Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the agreement with Dakota County for the purchase, use & maintenance of electronic voting system. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 00341 PAGE 8 COMPREHENSIVE GUIDE PLAN AMENDMENT - NEW ULM ENTERPRISES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Jerry Dannheim, New Ulm Enterprises, stated that they have addressed all the concerns raised at the APC meeting except for the parking on the access road to the south. Tom Torgerson, Torgerson Properties, provided background information regarding their business relationship with New Ulm Enterprises. Emmett Erpelding, New Ulm Enterprises, addressed the issues that were raised at the APC meeting and added that the closest residential property is one block away from the proposed hotel. He stated that the neighboring businesses support this project and added that this extended stay hotel is a great transition project and he likened it to an apartment complex. He discussed the demand for this type of lodging and the real estate taxes that will be generated. Randy Hedlund, one of the property owners, expressed his support for this project. Councilmember Masin stated that this is a beautiful building but she added that she is concerned about the opposition expressed by some of the neighbors and further added that they are not happy with the hotels that are already in the area. Mayor Egan said that he found it unusual that residents who live near this proposal would not show up at the Council meeting to express their concerns. He added that he has not received any phone calls from residents in opposition to the project either. Councilmember Awada commented that the lack of turnout may be an indication that the residents feel confident the Council will not approve this project since they turned down two proposed hotels in the area previously. Councilmember Blomquist mentioned that in a Limited Business District the hours of business operation are generally limited and said she was concerned with the amount of transient traffic that will occur with this project that will deviate from the typical 8:00 a.m. to 5:00 p.m. traffic. Mr. Dannheim stated that the hotel will be staffed and operated 24 hours per day. Councilmember Wachter said that the Council previously denied a request for a hotel on this site and the APC has denied this applicant's request for a hotel also. Councilmember Masin inquired how many people were at the public hearing held at the APC meeting and asked if the residents were aware of this proposal or had been sent a notice. She stated that she has reservations about approving this project without the residents' input and asked if it would be possible to schedule an informational meeting. Councilmember Awada concurred and noted that although this is a quality project approving it tonight would be inconsistent with the action the Council has taken in the past regarding this site. Mr. Erpelding said that the request to build a Red Roof Inn in this area was initially denied but the subsequent proposal for a Holiday Inn Select was unanimously approved. Mayor Egan mentioned that the Council had denied a hotel on this site about a year ago when a low-grade quality motel was proposed. Councilmember Blomquist commented on the letters that were sent by the residents who are opposed to the project and added that the Council may have led them to believe that they would deny this proposal since they have done so in the past. Senior Planner Ridley stated that the 350' notification boundary reaches some of the adjacent residents and he further stated that notices were also sent to additional neighborhood spokespersons. He mentioned that a development sign was installed informing the public of this project. Mayor Egan suggested that this item be continued to the October 6 City Council meeting to provide the developer an opportunity to arrange a neighborhood meeting with the affected property owners. He further suggested that the developer work with staff to coordinate the process of notifying residents of an informational meeting. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 14, 1998 PAGE 9 00342, Mr. Erpelding asked if a petition garnering support from the affected property owners would be useful in getting approval by the Council. Councilmembers indicated that obtaining resident feedback was the main reason for the continuance. Councilmember Blomquist stated that it would be helpful to have the Police Chief prepare an update on the number of police calls that are made to other similar hotels in the City. Councilmember Masin suggested that notice for the neighborhood meeting be placed on the government channel on cable in addition to the other notification measures that will be taken. Mr. Erpelding indicated that they would also like to invite Councilmembers and staff to the meeting. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the Comprehensive Guide Plan Amendment from Limited Business (LB) to Commercial Planned Development (CPD) for 2.4 acres at the southwest corner of Rahn Cliff Road and Rahn Way, legally described as Lot 2, Block 1, Rahn Ridge 2nd Addition, in the northeast 1/4 of Section 31 to the October 6, 1998 City Council meeting. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS City Administrator Hedges mentioned that Councilmembers are being invited to attend the Mayor/ Manager Breakfast on Friday, September 18 in West St. Paul. ROUND TABLE City Administrator Hedges stated that he and the department heads will be attending performance measurement training through ICMA. Councilmember Awada moved, Councilmember Blomquist seconded a motion to schedule a Special City Council meeting for September 29,1998 at 5:00 p.m. Aye: 5 Nay: 0 Councilmember Awada provided an update on the Eagan Forever Green Program and stated that the first distribution of trees is scheduled to occur October 16 and 17. City Administrator Hedges added that he made a presentation on the program to the Eagan Foundation last Saturday. Councilmember Blomquist expressed her gratitude to that organization for their involvement with this program. Councilmember Masin said that she has been impressed with the articles on teens that have been published by the Pioneer Press. She added that two Eagan teens were recently promoted in the paper. ADJOURNMENT The meeting adjourned at 9:05 p.m. September 14, 1998 Date if you need these minutes in an alternative form such as large print, Braille, aud?!4 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, sexual orientation, marital status or status with regard to public assistance.