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04/04/2000 - City Council Regular / MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 4, 2000 00093 A regular meeting of the Eagan City Council was held on Tuesday, April 4, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENtlA .................................................. Mayor Awada said that a request had been made from a member of the audience to change the wording of Old Business Item B, from Accept the report from the Community Facility Task Force on the Community Activity Center to Receive the report from the Community Facility Task Force on the Community Activity Center. She said that she had explained to this person that the words accept and receive have the same meaning; however, she said she would agree to change the wording as requested. She further said that Item XIII., Adjournment of the regular City Council meeting, would occur following the meeting of the Eagan Economic Development Authority. Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MJNmi.$:Qi:1tB~::MD..:i;:~:$ji:Ji.mm::M~ij:!mG Counci1member Masin requested the last sentence in the second paragraph on page two be revised as follows, "He said the City also must have the ability to condemn, even if the need ever never materialized." Additional typographical errors were corrected as follows: In the first paragraph on page one, " Also present were City Administrator Hedges, City Attorneys Sheldon and Dougherty, Director of Finance VanOverbeke, Director of Public Works Colbert, Assistant City Administrator Verbrugge and Senior Planner Ridley." In the last sentence on page two, "Planning Consultant Ingraham concluded by discussing the alternatives to plan redevelopment which include a stable or declining real estate valuation, remodeling of eMtiflg existing business, redevelopment of unplanned use, and that redevelopment needs simply will not go away." Counci1member Carlson moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Bakken abstained) m~~:QittE.Mam.:~t).:~:ImG.,Qt:D,.M'g~JN~ Mayor Awada requested the following changes to paragraph four on page eight, "Councilmember Blomquist moved, Councilmember Masin seconded a motion to delete the reference to the clock tower as part of the corner monument clock to'NCr signage from the PD conditions and to approve the clock tower element as part of the stairwell structure as shown on the revised elevation rendering." She also requested the following paragraph be inserted before the eighth paragraph on page eight, "A vote was taken on the motion. Aye: 2 Nay: 2 (Mayor Awada and Councilmember Carlson opposed) The motion failed for lack of a majority." She further requested the following changes to the eighth paragraph on page eight, "Counci1member Masin moved, CO\fficUmember Blomq1:1ist seconded a motion to allo'w' Councilmember Masin to rescind her previous vote. f.yc: 2 Nay: 2 (Mayor f.v/ada and ConncilmembC:F Cadson opposcd) The motion failed f{)r lack of a majority. The motion failed for lack of a second." EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 2 00094 A typographical error was corrected as follows: In the first sentence under Personnel Items on page three, "It was recommended to approve the hiring of Thomas Bohrer as a Community Service Offericc Officer." Counci1member Masin noted that Mr. Poppler had asked that additional language be included in the minutes as outlined in an attached memorandum from him. Mayor Awada and Counci1member Carlson concurred that approval of the minutes should be continued to allow additional time for review of the videotape to compare it with Mr. Poppler's request. Mayor Awada said that the Council needs to determine if they want to include a transcription of specific discussion in the minutes. Mayor Awada moved, Councilmember Carlson seconded a motion to continue consideration of the March 21, 2000 City Council minutes to the April 18, 2000 City Council meeting. Recording Secretary Karels stated that the minutes are a synopsis of the discussion that occurs at a meeting and not a verbatim transcript. She did not dispute the comments that Mr. Poppler was asserting he had made; however, she questioned the level of detail the Council wanted in the minutes and if they should the reflect body language exhibited by Councilmembers as requested by Mr. Poppler. Counci1member Bakken said he would be wary of relying on a fully transcripted version of the meeting because there are still elements that would not be captured by a written representation of the meeting, such as gestures, body language, etc. He said that Mr. Poppler's concern seems to be that comments he made were not included. He suggested reviewing the tapes to determine if his comments were left out. He said that the comments could be included if he did make them otherwise the Council will need to decide if they want to get into the practice of allowing individuals to read a memo into the minutes. City Administrator Hedges said that the Recording Secretary could listen to the audiotape of the meeting to substantiate Mr. Poppler's recommended changes. A vote was taken on the motion. Aye: 4 Nay: 0 (Councilmember Bakken abstained) YJ~g;mR$::J;;Q:::J!I::gg~g Lynne Matty, the 1996/97 Eagan Royal Ambassador and member of the current Eagan Royal Ambassador Selection Committee, spoke to promote the program and encouraged partidpation. """""""""""""";""""""""""",,,"""""";"""""""""""""""';';"f{'i'H;:'i'S"";'iiir"""""""'" Pif.ig~':f~NW:mm:t.hM*,:.S.J;.:t;~~ RECOGNITION, TELECOMMUNICATIONS COORDINATOR MIKE REARDON City Administrator Hedges provided an overview on this item. Mark Hotchkiss, Burnsville/Eagan Community Television Access Facility Manager, presented Telecommunications Coordinator Mike Reardon with a spedal contribution award from Burnsville/Eagan Community Television in recognition of his work on the franchise renewal and the negotiation of an institutional network. ' Q.~N~p';~:gm.:mQ~m City Administrator Hedges mentioned that the Census committee would be meeting on April 6. Senior Planner Ridley provided an update on the mail back response rates by Census tracts in Eagan as of April 1. Assistant tity Administrator Verbrugge commented on the population segments that are being targeted with regard to the Intergenerational Dialogue scheduled for April 8 from 9:00 a.m. to 2:00 p.m. at Blackhawk Middle School. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4,2000 PAGE 3 00095 C..'(}'....[N..'..'S..'E..'NI........"';A"..'.'.G...}!....N..'.'O....'a",..,' . .. . ..... . :;::.<": <:" :.: ";;' ::: ::}" , -:":':':: ":'; : ::'::.,"; ......,.,................................................................................................. A. Personnel Items Item 1. It was recommended to approve the hiring of James Maloney, Elizabeth Luke, Sarah Mesna, Alex Dauphin, Erik Maland, Mackenzie Club, Brad Roe, Erin Miller, Karl Maland, Andrew Eelkema, Ann McGrath, Jennifer Clason, Kristin Fjelstad, Kristin Fleming, Krista Whitney, Angie Schreier, Alex Porter, Chris Allmaras, Megan Kissel, Heather McGregor, Nicole Patnode, Alison Wright and Dave Streefland as seasonal lifeguards for Cascade Bay. Item 2. It was recommended to approve the hiring of Katie Hughes and Kevin Micklo as seasonal lifeguard shift leaders for Cascade Bay. Item 3. It was recommended to approve the hiring of Amanda York as a seasonal manager for Cascade Bay. Item 4. It was recommended to approve the hiring of Christian Gage, London Weninger, Mallory Poitras, Jeff Willging, Nicholas Skumatz, Luke Selby and Jill Steinkogler as seasonal services workers for Cascade Bay. Item 5. It was recommended to approve the hiring of Laura Nelson as a seasonal guest relations manager for Cascade Bay. Item 6. It was recommended to approve the hiring of Matt Koppi, Meghan Eilers and Michael Mason as seasonal concessionaires for Cascade Bay. Item 7. It was recommended to approve the hiring of Julie Beecher, Jim Bredemus, Christopher Buntjer, Deborah Buntjer, Karen Butler, Holly Confer, Meghan Doherty, Kellee Kattleman, Christie Mason, Michael Mason, Kacie Nitz, Erin Severson and Tina Wydeven as part-time seasonal concessions workers at Northview. Item 8. It was recommended to approve the hiring of Christopher Pittelkow and Paul Whisenand as seasonal ballfield attendants. Item 9. It was recommended to approve the hiring of Mark Garber as a part-time seasonal recreation leader. Item 10. It was recommended to approve the hiring of Andrea Matei as a seasonal park attendant. Item 11. It was recommended to approve the hiring of Charles V onHinueber, Stan Gurek, Benjamin Koenke, Ryan Neumann and Aaron Morrison as seasonal park maintenance workers. Item 12. It was recommended to approve the hiring of Ben Anderson as a seasonal streets maintenance worker. Item 13. It was recommended to approve the hiring of Megan Cullen as a seasonal ice skating assistant for the Civic Arena. Item 14. At the March 21 regular City Council meeting, the Council approved the hiring of a person to be recommended for hire as a temporary building inspector. The name of that person is Mike Anderson. No action required on this item. Item 15. It was recommended to accept the resignation of Finance Director/City Oerk VanOverbeke. Item 16. It was recommended to approve the following Time Spent Profile Revisions: Parks Office Supervisor to H Exempt range, Police Office Supervisor to H Exempt range, Central Services Maintenance Office Supervisor to H Exempt range, Forestry Supervisor to J Exempt range, Shop Supervisor to J Exempt range, Design/Development Engineer to L Exempt range. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4,2000 PAGE 4 00096 Item 17. It was recommended to approve changing the title for the Design/Development Engineer to Assistant City Engineer. B. Project 764, Cancel Project (Selmark, Harvey, Burrview Acres - Street Overlay). It was recommended to cancel Project 764 (Selmark Addition, Harvey Addition, and Burrview Acres - Street Improvements). C. Receive petition/ order public hearing - easement vacation (Murphy Farm 2nd Addition). It was recommended to receive the petition to vacate a portion of a public right-of-way and schedule a public hearing to be held on May 2, 2000. D. Contract 00-09, authorize plans and specifications (Mise. Government Buildings - Re-roofing). It was recommended to authorize Roof Spec, Ine. to prepare detailed plans, specifications and contract documents for Contract 00-09 (Misc. Government Buildings - Re-roofing). E. Vacate public right-of-way, schedule public hearing (Marice Drive - Sherman Ct. to Highsite Drive). It was recommended to schedule a public hearing to be held on May 2, 2000 to consider the merits of vacating a segment of Marice Drive from Sherman Court to High Site Drive and a portion of High Site Drive from Marice Drive to I-35E. F. Approve telecommunications leases (Sprint PCS and APT). It was recommended to approve the Telecommunication lease agreements with Sprint PCS and APT for antenna installations on the Deerwood, Lexington and Yankee Doodle Reservoirs and authorize the Mayor and City Oerk to execute all related documents. G. Request for public hearing, certification of delinquent false alarms - May 2, 2000. It was recommended to schedule a public hearing for May 2, 2000 to consider certification of the delinquent false alarm bills to Dakota County for collection with property taxes. H. Approve a resolution to issue and sell $3.425,000 General Obligation Improvement Bonds, Series 00-24 2oo0A. It was recommended to approve the resolution to issue and sell $3,425,000 General Obligation Improvement Bonds, Series 2000A. I. Proclamation, proclaiming April 7, 2000 as World Health Day. It was recommended to approve a 00-26 proclamation proclaiming April 7, 2000 as World Health Day. J. Request for public hearing, certification of delinquent utilities - May 2, 2000. It was recommended to schedule a public hearing for Tuesday, May 2, 2000 to consider certification of delinquent utilities to the property tax rolls. K. License renewals for the year 2000, tree contractor. It was recommended to approve the tree contractor license renewal for Rainbow Tree Company for the year 2000. L. Approve consulting contract for City-wide radio system upgrade. It was recommended to approve the consulting contract with Leonard J. Koehnen &. Assodates, Ine. to upgrade the City-wide radio system. M. Final Subdivision, Oakwood Heights 3rd Addition - Mendota Heights. It was recommended to 00- 25 approve a Final Subdivision to divide the common property for Oakwood Heights Condominiums to establish separate ownership of the property and a separate association for the seven-unit building being constructed north of the two existing buildings. N. Approve a resolution declaring the City's intent to use the proceeds from any sale of the Central 00 - 2 7 Facilities property to retire Eagan Economic Development Authority Bonds used to finance the acquisition of the property. It was recommended to approve the resolution declaring the City's intent to use the proceeds from any sale of the Central Facilities Property to retire Eagan Economic Development Authority bonds used to finance the acquisition of the property. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGES 00097 O. Amendment to the 2000 T oint Powers Agreement for the Dakota County Drug Task Force. It was recommended to approve an amendment that would allow the City of Savage to partidpate in the Dakota County Drug Task Force. P. Extension for recording waiver of subdivision for Lots 27 and 28, Block 1, Great Oaks. It was recommended to approve an extension for recording the Waiver of Subdivision to shift the common lot line between Lots 27 and 28, Great Oaks located in the NE 1;4 of Section 14. Councilmember Bakken moved, Counci1member Carlson seconded a motion to approve the Consent Agenda. Susan Widmar, representing Eagan OPEN, stated that a description of vague agenda items should appear on the agenda. Mayor Awada explained that each agenda item is given a brief description and Counci1member Carlson noted that a full Council packet is available for review by the public in the lobby of City Hall. Michael Dean, representing Eagan OPEN, requested that a complete Council packet be made available at the library or another location that is accessible after City Hall hours. City Administrator Hedges noted that the packets are often being assembled late on Friday afternoon and the library closes at 5:00 p.m. He said arrangements could be made to get the packet to the library on Saturday. Councilmember Masin commented on the resignation of Finance Director VanOverbeke. Mayor Awada noted that he will be going to work for the School District and commented on the great job he has done for the City of Eagan. A vote was taken on the motion to approve the Consent Agenda. Aye: 5 Nay: 0 Councilmember Blomquist moved, Counci1member Carlson seconded a motion to direct staff to provide a complete Council packet at the library on Saturday. Aye: 5 Nay: 0 ~t.iP!~':'ml.~g~ PROJECT 784R, LOUIS LANE (STREET &. UTILITY IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Joe Christenson, attorney representing the Schaafs, stated that they would prefer things remain as they are but think this is an acceptable proposal. Frank Hum!, 3415 Highway 55, said he did not approve of the loss of his private driveway, loss of privacy and increased traffic. He further said he was not interested in subdividing his property. Councilmember Masin inquired if the City had received any written documentation from Mr. Hum! with regard to what would be acceptable to him. Director of Public Works Colbert stated that the City has not received any such documentation. Maxine Piekarski, 3350 Highway 55, inquired about the proposed location of the force main for the sanitary sewer, about people accessing her property to do survey work and the lack of notification. Mark Hanson, Bonestroo, Rosene, Anderlik &. Associates, indicated that the permits have not yet been received for the installation of the force main in the MnDOT right-of-way. Director of Public Works Colbert explained that the lack of notification was in regard to the improvements related to a previous project, Oakview Center, constructed privately by the developer. Councilmember Carlson offered an apology to Ms. Piekarski for the lack of notification. Ms. Piekarski requested a copy of the estimates for the work. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 6 00098 There being no one else wishing to speak, Mayor Awada closed the public hearing. Counci1member Carlson stated that Mr. Huml should be compensated for the imposition that the continual maintenance and upkeep of the lift station will have on his property. Counci1member Blomquist asked about the landowners for each parcel of land to be assessed. Director of Public Works Colbert identified each of the landowners and noted that the developer of the Cherrywood Knoll development has agreed to the assessments, no agreement has been reached with Mr. Huml, Schaaf Construction has agreed to the assessment amount if the right-of-way acquisition is in an amount they deem appropriate and no discussions or negotiations have occurred to date with the property owner of Lot 1 of Burrview Acres. Councilmember Blomquist stated that there is no benefit to Mr. Huml or the Schaafs but there is benefit to the developer of Cherrywood Knoll. Mayor Awada stated that this was Counci1member Blomquist's opinion. Counci1member Blomquist noted that it may be her opinion; however, it may be fact as well since the property owners are not subdividing at this time. Mayor Awada disagreed with Counci1member Blomquist. Councilmember Carlson said that she has heard that there have been several phone calls to staff from neighbors expressing their concern with the lack of access. She commented that if the Council does not move ahead with the improvement MnDOT funding could be jeopardized. She added that an access should be provided in order to do justice to the neighborhood. Councilmember Masin stated that it was her opinion that neither the Schaafs nor Mr. Huml benefit. She added that she would support the project because it is needed if the provision allowing the Council to acquire easements through the quick-take eminent domain process were removed from the motion. She said she would be willing to support the Schaafs' request. She noted that Mr. Huml's property is affected on all sides. She further noted that she would prefer to acquire the easements through negotiation versus eminent domain. Counci1member Carlson concurred with Counci1member Masin with the exception that she did not think the City could give up the provision to acquire easements through eminent domain if necessary. She stated that the fa€t that the Schaafs are agreeable to this proposal indicates that it is negotiable. Mayor Awada noted that eminent domain is used as a last resort. Mayor Awada moved, Councilmember Masin seconded a motion to approve Project 784R (Louis Lane - Streets), and authorize the preparation of plans and specifications and the acquisition of easements according to the agreement that was reached with the Schaafs and Counci1member Carlson's recommendation as distributed to the Council. Aye: 4 Nay: 1 (Counci1member Blomquist opposed) VARIANCE REQUEST - PINNACLE PROPERTIES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. Councilmember Masin said she would move approval, even though she normally does not do a lot with variances, but given the history, there is reason to approve this request and it is a real good way to improve the property as a whole. Counci1member Masin moved, Councilmember Bakken seconded a motion to approve a Variance of 20 feet to the required 40-foot building setback from a public right-of-way, subject to the following conditions: 1. The addition to the building shall be constructed of the same materials and colors to match the existing building. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 7 00099 2. The building permit plans shall include a landscape plan that is in compliance with the City ordinances for screening and tree replacement, and a site plan that provides inside storage or a screening enclosure for the trash container. 3. The materials and equipment that are currently being stored outside shall be removed and either stored inside the building or properly discarded. 4. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Aye: 5 Nay: 0 Counci1member Masin moved, Councilmember Bakken seconded a motion to approve a Variance of ten feet to the required 20-foot parking setback from a public right-of-way, subject to the following conditions: 1. The parking lot shall be constructed with concrete curb and gutter. 2. Landscaping to screen the new parking area may be installed at the time the parking lot is constructed. 3. The materials and equipment that are currently being stored outside shall be removed and either stored inside the building or properly discarded. 4. If with one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Aye: 5 Nay: 0 """""""""""""""""'S.."""NES"""""""','" . . . .. QJi!JlJUJJ>"..,~ REVIEW WINTER TRAIL MAINTENANCE PROGRAM City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report addressing petitions received, staff's recommendations and various citizen requests. Councilmember Bakken moved, Counci1member Masin seconded a motion to reaffirm the current Winter Trail Maintenance Plan/Policy and substitute plowing of the trailway / sidewalk located on the north side of Cliff Road between Nicols Road and Cliff Lake Road for the south side. Aye: 5 Nay: 0 RECEIVE THE REPORT FROM THE COMMUNITY FACILITY TASK FORCE ON THE COMMUNITY ACTIVITY CENTER Mayor Awada provided an overview on Items B, C and D of Old Business. Clyde Thurston, representing the Community Facility Task Force, provided an overview of the Task Force's report to the City Council, which included components of the central park and community center, costs, future considerations for the site, financing components and public/private partnerships. He thanked the staff and fellow task members for their support. EAGAN CIn COUNCIL MEETING MINUTES; APRIL 4,2000 PAGES 00100 Mayor Awada acknowledged the task force members who were present in the audience. Councilmember Bakken moved, Counci1member Carlson seconded a motion to receive the report from the Community Facility Task Force on the Community Activity Center. City Counci1members thanked everyone for their involvement with the Task Force. Counci1member Masin suggested scheduling this item to a future work session to allow the Council an opportunity to interact with Task Force members. Counci1member Blomquist stated that the report is lacking alternatives for the Council to consider. A vote was taken on the motion. Aye: 5 Nay: 0 RECEIVE PUBLIC INPUT ON PROPOSED COMMUNITY ACTIVITY CENTER Karen Luchka and Brandon Nguyen spoke in support of a teen center. Other comments pertaining to a teen center were that the YMCA teen center does not address the needs of all the teet:lS in Eagan. Support was expressed for moving ahead with a teen center sooner than the projected date of 2002. Concern was also expressed that enough space had not been allocated for teens at the proposed community center. Councilmember Carlson said that she would like to know what the teens envisioned in regard to a temporary teen center. One of the teen representatives said they would like to present a report at the next City Council meeting. Pat Thomas expressed support for having a place to hold community events such as the Fourth of July celebration. She also expressed concern about the design and layout of the site and said she wanted to ensure that the site is appropriately developed to be able to support all the uses. Judy Stewart, 4106 Blackhawk Road and member of the Task Force, thanked the City Council for acting on the Task Force's recommendation to purchase the land. She also mentioned that the site is a good place for celebratory events. Susan Widmar and Michael Dean, representing Eagan OPEN, stated that their primary focus is on the process and not on specific issues and also spoke in favor of open, honest communication. Mr. Dean spoke in support of some type of community center, but recommended doubling the space for a teen center and tripling the space for a senior center. He said that there should be a comprehensive and open dialogue with the community_ He added that the City Council has spent a significant amount of money with regard to this endeavor; however, he questioned the effectiveness of these efforts. He mentioned that he conducted a door-to-door survey in his neighborhood and only three out of 35 to 50 people knew of the community center proposal. He commented on the quick creation of the Task Force and raised several questions in regard to the formation of the group. Councilmember Carlson stated that the Council asked for volunteers to serve on the Task Force. Communications Coordinator Joanna Foote noted that information appeared on cable TV andin the newspapers requesting volunteers. Mayor Awada stated that the Council does not appoint all task forces. She noted that staff was directed to compile a list of specific organizations to be invited to the Task Force meeting. She further noted that the Council never voted on this list and said that the membership has increased and decreased over time. Mr. Dean said that process would have been acceptable if this had been a grassroots effort. Mayor Awada indicated that it had been a grassroots effort. Mr. Dean commented on how ridiculous the survey was that the City sent out to all residents and businesses seeking their input on the proposed community center. He stated that the survey was developed and distributed after the elements had already been decided. Mayor Awada stated that the City Council voted unanimously to seek more input from residents to further define what elements they were most interested in. She noted that the Council had dedded that the community center would generally consist of certain elements. She added that the City Council did delete the pool and theater 00101 EAGAN CI1Y COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 9 elements because they felt it was misleading to the public. Counci1member Carlson stated that the purpose of the survey was to solicit feedback from the public. Mayor Awada noted that this was not intended to be a scientific survey. Both Mr. Dean and Ms. Widmar stated that the public should be given more information and notice of the upcoming referendum. Mayor Awada said Counci1member Masin and Blomquist are part of the Eagan OPEn group and further asked if that generally represents what they have been hearing from the group. Counci1member Masin said she has attended the meetings and those represent some of the discussions she has heard. John Curlee and Tom Wilson, representing the Eagan Rotary Club, stated that they were glad that several people randomly joined the Task Force. Mr. Wilson stated that the senior and teen groups should have the same amount of space. Mr. Curlee commented on the Rotary Club's excitement and commitment to the construction of a band shell. Ted Wachter, 4540 Blackhawk Road, stated that the City Council has done the right thing by purchasing this property. He thanked the Task Force members and staff for their involvement. He mentioned that the City has done a lot to provide activities for teens to be involved in. He suggested raising the amount of the bonds to cover the overages. Councilmember Masin asked Mr. Wachter why he did not support the purchase of additional land when he was on the Council. Mr. Wachter stated that he thought it was better to utilize the land by the library. Additionally, he said he was supportive of this endeavor. Mayor Awada asked Counci1member Masin to clarify when the Council had taken a vote to purchase additional land for a community center. Mayor Awada noted that the City bid on a piece of property for a similar use; however, they were not the low bidder. She clarified that no vote had ever been taken to purchase land for a community center. Margo Danner, Task Force member, stated that all the Task Force members were very competent and all of them know that this type of facility has been needed for a long time. She added that they attempted to retain the important components of the community center and also obtain feedback from the public. She mentioned that a number of efforts were made to get notices out to the public regarding this process. Dorothy Peterson, 4337 Sequoia Drive, said that it was a pleasure to serve on the Task Force. She encouraged the Council to move forward with the bond referendum. Paul Teske, Task Force member, stated that the Task Force tried everything possible to inform the public about the opportunity to become a Task Force member and to inform them of Task Force meetings. He said that if any portion of the land is sold the proceeds should be used to retire the bond debt. Betty Bassett, 2101 Wuthering Heights Road, said that she thought the Council should have purchased the land and then developed the community center in phases. She expressed concern that the facility will not properly accommodate the growth in Eagan. Ann Carlon, Executive Director of the Eagan Convention & Visitors Bureau, stated that the community center should be built soon and added that the entire process has been very open. She mentioned that the City's Communication Coordinator did everything possible to inform the public about the opportunity to serve on the Task Force and about the meetings. Jeff Gregory, 1322 Deercliff Lane, questioned the City's ability to support this project. He said that the community center is a good idea, but he expressed concern about how it would be funded if the economy were to worsen. He further said that the City is overextended with debt and suggested the City pay for the land first and then proceed with the construction of a community center. Raleigh Seelig, Task Force member, said that he was proud to have served on the Task Force and said his main concern is that there be an acceptable site to hold the Fourth of July events. He thanked the Chair of the Task Force, other Task Force members and the City Council for their support. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 10 00102 CONSIDER A RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING $_ GENERAL OBLIGATION COMMUNITY ACTIVITY CENTER BONDS AND PROVIDING FOR AN ELECTION THEREON Counci1member Carlson moved, Councilmember Bakken seconded a motion to approve a resolution to issue and sell $15,355,000 General Obligation Community Activity Center Bonds and 00- 23 provide for an election thereon June 6, 2000. Raleigh Seelig stated that it is important for the public to know what they are approving expenditures for. He said that the referendum question for the ballot does not explain all the components in detail. Director of Finance VanOverbeke said that the format of the wording of the question is very specific in terms of state statute as to what is allowed and what is not allowed. He stated that this format was approved by the bond counsel and it is unlikely that many modifications to the wording would be acceptable. Mr. Gregory questioned the action being taken by the Council. Councilmember Carlson said that the only action being taken by the Council is to provide the public with an opportunity to tell the Council if they would like to proceed with the construction of a community center. Mr. Gregory asked if the question on the ballot would include the total level of debt the City has incurred for this project. Mayor Awada noted that the City has no outstanding debt on any other project in the City besides streets and utilities, which are funded by assessments. She said that the City has paid cash for everything else that has been built or user fees have supported the projects. She further noted that cash was paid for nearly all of this land purchase. Counci1member Masin said that she would like the opportunity to meet with Task Force members to discuss some questions she has about partnerships. She asked how many organizations were asked to be involved in partnerships. Mr. Thurston stated that the Task Force made numerous overtures to potential partners; however, they would be considered more operating partners rather than capital partners. Counci1member Masin asked if the need for more meeting space was related to lack of space at the schools or if it was because the schools were beginning to charge for their use. Mr. Thurston said that there are capadty issues and he did not think utilization would be a problem. Counci1member Blomquist said that the motion to approve the bond referendum and the date were included together and added that the Council could go further to explore other alternatives. She suggested separating the motion. She said that there is no question that a bond referendum should be held but rather questioned the timing. City Attorney Sheldon stated that the final question needs to be in the form of one question. Mayor Awada noted that the bond amount that has been determined is the maximum that can be set. She stated that the square footage of the different areas of the community center could be determined later. Counci1member Blomquist expressed concern with the June 6 referendum date due to the conflict with a Council meeting and the cost for setting a special election versus taking more time to educate the public and explore additional options. Counci1member Masin said that she would still like to meet with the Task Force and added that the Council should strategize over the date of the referendum because 60 days does not provide enough time. Counci1member Carlson said that she thinks the public wants an opportunity to be heard and added that she does not want to spend any more funds without the public's input. She further said that the process does not end here and added that open houses will follow. Counci1member Blomquist asked about the cost of a spedal election. Director of Finance VanOverbeke said it would cost between $10,000 and $15,000. Counci1member Blomquist stated that she would like to save this money and put it toward the cost of the building. Mayor Awada stated that as a business owner in the private sector you do not spend nine months debating, planning and organizing something before you take action. She further stated that if someone can not make a decision after nine months of planning then they should EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGEl I 001.03 not be in the position of making decisions. She said that the City Council has spent eight to nine months of work on this and information about the proceedings has been published regularly. She added that it would be ridiculous to delay the election for another six months. Counci1member Masin took issue with Mayor Awada's business expertise. She added that she attends quality control meetings that are done for businesses and that is planning and strategy. Councilmember Masin said that the Council's job is to refine the Task Force report and obtain more information. Mayor Awada stated that the Council asked the Task Force to refine the report in January and further directed them to present a recommendation. She added that this issue has been in the hands of the Task Force all along and that this has not been a Council-driven community center. Counci1member Blomquist stated that the Task Force was originally created for the purpose of land acquisition and the public is not aware that a transition occurred shifting the focus from land acquisition to the community center. Councilmember Carlson said that the process will continue and the public will be given an opportunity to decide what they want before any additional funds are expended. A vote was taken on the motion. Aye: 3 Nay: 2 (Counci1members Blomquist and Masin opposed) Counci1member Carlson suggested discussing the report with the Task Force at an upcoming work session. Mayor Awada stated that this could be scheduled under the Administrative Agenda. Mayor Awada moved, Counci1member Bakken seconded a motion to relieve the Task Force members from their official duties. Aye: 5 Nay: 0 Counci1member Masin asked why it would be necessary to relieve the Task Force of their duties and said as members of the Task Force they would be a more cohesive unit. Mayor Awada responded that she thought they were going to form an advocacy group and that right now they are an offidal group of the City and the City is under certain legal duties to limit the pro things it does. The City give out facts and so this is just sort of a legality. Mayor Awada moved, Counci1member Masin seconded a motion to direct staff to erect a sign on the Central Park site with information identifying the property. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to reschedule the June 6, 2000 City Council meeting to June 5,2000. Aye: 5 Nay: 0 1m:>>JJ$~im$$ PLANNED DEVELOPMENT AMENDMENT - THOMPSON REALTY GROUP, INe. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Bakken moved, Mayor Awada seconded a motion to approve a Planned Development Amendment to allow the construction of a 13,416 square foot commercial daycare facility upon 2.9 acres of land located north of Diffley Road between Lexington Avenue and Lexington Way on property currently platted as Lot 4, Block 1, Soderholm Addition in the southwest % of Section 23 subject to the following conditions: 1. The applicant and/ or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Landscape Plan EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4,2000 PAGE 12 001.04 Final Building Elevations and Signage Plan Lighting Plan 3. Fences should be green or black and of a chain link material. 4. A detached trash enclosure shall be allowed in the northeast corner of the site. The enclosure shall satisfy requirements of the City Code in regard to height and materials. 5. All building, parking/ drive aisles, and landscaped areas shall be properly maintained. 6. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 7. All rooftop mechanical equipment shall be screened from view of all public rights-of- way and the private street bordering the property on the south. 8. This proposal shall be responsible for a cash trail dedication at the time of building permit. 9. The proposed parking lot to the east of the proposed building shall be graded to drain to a catch basin to the southeast. From there, the stormwater shall enter and be treated in the upper cell and then the lower cell of the two-celled system. The parking lot shall not be graded or connected to drain directly into the lower cell. 10. A private access easement shall be prepared by the applicant and reviewed and approved by the City Attorney. Such easement shall be recorded prior to building permit issuance. Councilmember Masin said that she was disappointed that the medical facility was not going to be constructed because the Council had previously rezoned the property for that purpose. Councilmember Blomquist said that this use does not enhance the property. A vote was taken on the motion. Aye: 3 Nay: 2 (Counci1ffiembers Blomquist and Masin opposed) City Attorney Sheldon said that the PO Amendment to rezone the property requires a four-fifths vote. Counci1member Carlson said that although the original proposal was for a three-story medical facility she thought the daycare facility was more compatible with the neighborhood. Counci1member Masin stated that the reason for previous litigation regarding the PD rezoning was that the neighbors did not want the McDonald's and SuperAmerica in this area. Counci1member Blomquist stated that this use increases the commercial nature of this area. Bob Polk, the project engineer, showed exhibits of the daycare facility. He said that the facility creates a transition between the commercial and residential areas. He added that this will not be an intense use compared to a medical facility. He further added that the daycare facility's appearance is residential in character. Councilmember Carlson noted that the facility is closed at 6:00 p.m. during the week and is closed on the weekends. She said that the operation would be much less intrusive than a medical center. Counci1member Masin asked if any of the neighbors were notified about this use. Senior Planner Ridley said that, in addition to the pending development sign, notification was mailed to property owners within 350 feet and added that generally daycares and banks are viewed favorably by neighbors. He clarified that the City was previously sued regarding this development and the issues were with the gas station, the fast food restaurant and the three story medical clinic that exceeded the I EAGAN CITY COUNCIL MEETING MINUTFS; APRIL 4, 2000 PAGE 13 00105 height of the Neighborhood Business designation. He stated that the daycare facility would provide a transition from Diffley Road and the residents. Kris Schmidt, representing the daycare facility, stated that the church was pleased with the proposal and that a medical center was not going to be built. Counci1member Blomquist said that, in this case, notification of 350 feet does not reach all the affected neighbors. Counci1member Carlson said that this facility is compatible with the neighborhood. Counci1member Masin said she would like to talk with the neighbors who were involved with the original rezoning. The applicant agreed to a continuance. Councilmember Masin moved, Counci1member Blomquist seconded a motion to reconsider the previous motion. Aye: 5 Nay: 0 Counci1member Carlson moved, Counci1member Bakken seconded a motion to continue the Planned Development Amendment to allow the construction of a 13,416 square foot commerdal daycare facility upon 2.9 acres of land located north of Diffley Road between Lexington Avenue and Lexington Way on property currently platted as Lot 4, Block 1, Soderholm Addition in the southwest 1/4 of Section 23 to the May 2,2000 City Council meeting. Aye: 5 Nay: 0 Counci1member Blomquist asked if staff would notify the same residents who were notified of the previous rezoning. Senior Planner Ridley said that staff would notify them. Mayor Awada said that staff should ask the residents to respond to the City and indicate their preference of a daycare center or a medical facility. PLANNED DEVELOPMENT AMENDMENT - CENTRES GROUP (REGAL THEATER) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Blomquist moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to waive the "proof of parking" requirement for the Regal Cinemas located north of Cliff Road and east of Cliff Lake Road on property currently platted as Lot 4, Block 1, Park Center 6th Addition in the southeast 1/4 of Section 30 subject to the following conditions: 1. The applicant and/ or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan 3. The applicant shall construct a sidewalk connection between the Rahn Park parking lot and existing theater parking lot. 4. The Applicant prepare and the City Attorney review and approve a conservation easement upon the subject site's existing proof of parking area. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN (NONCONFORMING USES AND STRUCTURES) City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 14 001.06 Counci1member Bakken moved, Counci1member Masin seconded a motion to approve an Amendment to the City Code Chapter 11, Section 11.10, Subd. 3, Nonconforming uses and structures and direct the City Attorney to prepare an amendment suitable for publication. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN (MINOR SUBDIVISIONS) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report and stated that an additional requirement that minor subdivisions would also be subject to standard dedication requirements (i.e. park dedication, water quality) should also be included in the ordinance. Counci1member Bakken moved, Mayor Awada seconded a motion to approve an Amendment to Chapter 13 (Subdivision Regulations) of the City Code that would establish a minor subdivision procedure and direct the City Attorney to prepare an amendment suitable for publication. Mayor Awada said that most dties provide for a minor subdivision process. She stated that she did not want to have people request to split 200-foot lots and questioned if a $5,000 fee would prevent this from happening. Counci1member Carlson asked for clarification between the standard subdivision procedure and the minor subdivision procedure. Senior Planner Ridley responded that the minor subdivision process will be a one-step process whereas the standard subdivision process is a two-step process that requires a public hearing at the Planning Commission. He added that the standard subdivision application requires a more substantial escrow amount and more detailed plans than that proposed for the minor subdivision. Counci1member Carlson expressed concern with large lot subdivisions that may result in parcels not consistent with adjacent properties. She questioned if it would be possible to do more than one minor subdivision per parcel. Senior Planner Ridley stated that the APC raised this as a concern. Counci1member Bakken suggested that language be incorporated into the ordinance to limit the number of times that a minor subdivision could occur on a given piece of property. A vote was taken on the motion. Aye: 5 Nay: 0 .......,....................................................................,' AnMlNlSTkAtt1tE.'AC~A ............................................................................ ............................................................................ Mayor Awada noted that an Executive Session would follow the regular City Council meeting to consider police mediation contracts and the Michael Vincent vs. the City of Eagan, Mayor Awada and Counci1members Bakken and Carlson lawsuit. MAIL NOTIFICATION/ZONING MAP City Administrator Hedges provided an overview on this item. Counci1member Bakken moved, Councilmember Blomquist seconded a motion to direct City , staff to publish the zoning map and waive the mailed notice requirement for the City-wide zoning map update. Aye: 5: Nay: 0 CITY COUNCIL SCHEDULF/APRIL-MAY City Administrator Hedges provided an overview on several items that would be scheduled for upcoming special City Council meetings. Discussion with the Community Center Task Force regarding the Community Facility Task Force Report and Council meeting procedures were added to the special City Council agenda for April 11. In addition, a spedal City Council meeting was discussed for April 25 to include the street rehabilitation/ overlay financing policy, Part III CIP (2001-2005, excluding Parks & Recreation Part III) and the location for entry monuments. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGElS 001.07 Counci1member Carlson moved, Mayor Awada seconded a motion to approve the City Council schedule for April/May and to schedule a special City Council meeting for April 11 and April 25 at 5:00 p.m. Aye: 5 Nay: 0 CITY CONTRACT 99-14, EAST HIGHWAY 55 SOUTH FRONTAGE ROADJLOUIS LANE- STREET & UTILITY IMPROVEMENTS Mayor Awada moved, Counci1member Bakken seconded a motion to approve the plans for Contract 99-14 (East Highway 55 South Frontage Road & Louis Lane - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 27, 2000. Aye: 5 Nay: 0 The regular City Council meeting was adjourned at 11:35 p.m. to the Economic Development Authority meeting. The City Council meeting was reconvened at 11:40 p.m. (Minutes of the EDA meeting are recorded under separate cover). 111;11_ The meeting adjourned at 11:40 p.m. to an Executive Session for the purpose of discussing police mediation contracts and the Michael Vincent vs. the City of Eagan, Mayor Awada and Counci1members Bakken and Carlson lawsuit. Present were Mayor Awada and Counci1members Masin, Blomquist, Carlson and Bakken, City Administrator Tom Hedges, City Attorney Jim Sheldon, and legal counsel , Cliff Greene and Doug Gronli with the League of Minnesota Cities Insurance Trust. MLK APRIL 4, 2000 Date fY)~ -KMJo 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) 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.