Loading...
05/02/2000 - City Council Regular 001.35 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNOL Eagan, Minnesota May 2, 2000 A regular meeting of the Eagan City Council was held on Tuesday, May 2, 2000 at 6:30 p.m. at the Eagan Munidpal 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. igmiit~ Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MlIm~$":Qi{rntm.:1W~::i;::gQj:$~l.ml!ij:MJm]J.NQ Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 _$::QI::nm::.lnHif:iooQ:B;~:~~w.!:WQ Counci1member Bakken moved, Mayor Awada seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Carlson abstained) ~1$::Qi:1t.::Mi.i.::g$Jgt<<l$.I~::wmlt.mG At the April 4, 2000 City Council meeting, Larry Poppler, 3030 Poppler Lane, had requested the Council consider modifying the minutes to include comments he made at the March 21 meeting. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the minutes as amended with the following changes: Mayor Awada requested the following changes to paragraph four on page eight, "Counci1member Blomquist moved, Counci1member Masin seconded a motion to delete the reference to the clock tower as part of the corner monument clock tower 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\lllcilmembcr Blomquist seconded a motion to allow COWlcilmember Masffi to rescind her previous vote. Aye: 2 Nay: 2 (Mayor ".'",ada and Counci1member CarlsoR opposed) The motion fiilled for lack of a majority. The motion failed for lack of a second." A typographical error was corrected in the first sentence under Personnel Items on page three as follows, "It was recommended to approve the hiring of Thomas Bohrer as a Community Service Offerice Officer." Counci1member Blomquist asked if Mayor Awada was accepting the City Attorney's recommendation to approve the minutes as recorded without changing them to reflect Mr. Poppler's request. Mayor Awada said that was correct. A vote was taken on the motion. Aye: 4 Nay: 0 (Councilmember Bakken abstained) EAGAN CITY COUNCIL MEETING MINUTES; MAY 2, 2000 PAGE 2 001.36 Councilmember Blomquist said that Mr. Poppler's comments should be kept as a matter of record. Councilmembers concurred. gm$:.:Qf::;m~::~lU.,;.:g9.00.:B'gQ.H::~jitijgg Mayor Awada referenced a three page memo that was prepared identifying changes requested by Councilmembers Blomquist and Masin. Mayor Awada moved, Councilmember Ca,rlson seconded a motion to approve the April 4 meeting minutes with the following changes: It was noted that on page six, regarding Project 784R, Louis Lane, Counci1member Masin's concern about ensuring the deletion of any reference to acquiring easements through the eminent domain process was adequately represented in the minutes as presented. In the second sentence in the seventh paragraph on page six, Councilmember Masin noted a typographical error as follows, "She satea stated that the fact that the Schaafs are agreeable to this proposal indicates that it is negotiable." On page six, regarding Variance request - Pinnacle Properties, Councilmember Masin requested the following paragraph be added following the second paragraph, "Coundlmember 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." With regard to changes requested in the second paragraph on page nine, Counci1member Masin said that Mayor Awada's statement about Counci1member Masin being part of the Eagan OPEn is a matter of opinion and not fact. She said that Mayor Awada has said things at other meetings that are distorted and the Council needs to clarify what is truth and what is a matter of opinion. Mayor Awada said she would include in her motion the following statement at the end of the paragraph, "! have attended the meetings and those represent some of the discussions I have heard" and would agree to delete the following sentence, "Counci1mcmber Masin said their ".icws did represent the views of Eagan OPEn." In the eighth paragraph on page nine, Counci1member Masin noted a typographical error and said that Jeska should be changed to Teske." On page 11, Councilmember Masin requested the following sentence be added to the end of the second paragraph, "Coundlmember 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 Blomquist moved, Counci1member Masin seconded a motion amend the motion to delete the ninth sentence in the second paragraph on page nine as follows, "Mayor Awada asked Councilmembers Masin and Blomquist if the statements made by Mr. Dean and Ms. Widmar represented the views of Eagan OPEn since both Counci1members were part of the group." Counci1member Blomquist said that they are not part of the group and that the entire Council has been invited to those meetings and only City staff and she and Counci1member Masin have attended. Mayor Awada spoke against the amendment but said that she would agree to include her verbatim comments as follows, "Coundlmember Masin and Blomquist, you are part of the Eagan OPEn group. Does that generally represent what you have been hearing from the group?" Councilmember Masin said that Mayor has a tendency to state her opinion and asked City Attorney Sheldon how the minutes can reflect opinions versus fact. She further asked if footnotes could be incorporated into the minutes to clarify fact from opinion. City Attorney Sheldon stated that the minutes are a record of what occurred at the City Council meeting and that is what the Council is approving. Cound1member Masin said that because the minutes are the official record if there is EAGAN CITY COUNCIL MEETING MINUTES; MAY 2, 2000 PAGE 3 00137 something that is definitely incorrect in the minutes the inaccuracies should be noted or corrected. She added that there are all kinds of extra stuff added in the Congressional record. City Attorney Sheldon said that what one person thinks is true and factual another person may not and the purpose of the minutes is to record the actions of the City Council. Mayor Awada said that she believes what she said to be fact and took great offense with Counci1member Masin's statement that she says things that are not fact. She added that everything that is said by those at the dais is opinion, but most of what is said is fact. She said that no one has ever attempted to write three pages of deletions and additions to the minutes, which were not even said at the meeting. Councilmember Carlson said that one solution might be to include the verbatim comments in the minutes. Counci1member Bakken said he would not be comfortable with having the minutes turn into a verbatim transcript of everything that is said at the meeting because it does not include body language or visuals that might have occurred. He added that oftentimes the wrong words may be said or mispronounced. He further added that the only purpose of the minutes is to act as an official record of the actions taken by the City Council and that only those things that actually happened at the meeting should be included. He said that most of what people say is an opinion. He added that it would not be necessary to turn the Eagan City Council minutes into a local version of the Congressional record. Councilmember Masin said that the value of the minutes is for people two years down the road who may have a question about what occurred. She further said that when people read the minutes they are going to assume that what is recorded is accurate. She suggested that the motions and votes be recorded for the record and a video library be established for exact information on what occurred at the meeting. A vote was taken on the amendment to the motion. Aye: 2 Nay: 3 (Mayor Awada and Counci1members Bakken and Carlson opposed) The motion failed for lack of majority. Mayor Awada moved, Councilmember Carlson seconded a motion to remove the ninth sentence in the second paragraph on page nine as follows, "Mayor .t\:wada asked C01:fficilmembers MasiR iHld Blomquist if the statements made by Mr. DeiHl and Ms. 'Nidmar represented the -news of the Eagan OPEn since both Councilmembers were part of the group" and replace it with the following sentence, "Councilmember Masin and Blomquist, you are part of the Eagan OPEn group. Does that generally represent what you have been hearing from the group?" Aye: 3 Nay: 2 (Counci1members Blomquist and Masin opposed) Councilmember Blomquist moved, Counci1member Masin seconded a motion to amend the minutes by deleting the fourth sentence in the seventh paragraph on page 10 as follows, "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." Mayor Awada said that those were her verbatim comments that she made at the meeting and factually there is no other indebtedness except for internal payback debts within projects that are being paid for out of user fees. Counci1member Blomquist expressed concern with the statement saying that it was misleading and not factual. Counci1member Carlson said that even if something is said that is not factual, if it was said at the meeting, it will be recorded in the offLial record. Councilmember Masin said she does not want to change what was said at a meeting but added that there must be a way for the minutes to reflect accurate statements. Counci1member Carlson said that other options for recording minutes could be explored at a future date. Counci1member Blomquist said that if this sentence were deleted it would not be necessary to add her suggested clarification. Councilmember Bakken reiterated that the minutes encapsulate the official actions taken at the meeting with enough supporting commentary from the Councilmembers to support the action that was taken. He added that what is recorded in the minutes is what was actually said with no regard to whether opinions are true or not. Councilmember Carlson said that she would support exploring .the possibility of a video library. \ EAGAN CITY COUNCIL MEETING MINUTES; MAY 2, 2000 PAGE 4 001.38 A vote was taken on the amendment. Aye: 2 Nay: 3 (Mayor Awada and Counci1members Bakken and Carlson opposed) The motion failed for lack of a majority. Councilmember Bakken offered the following amendment to change the second paragraph under Review Winter Trail Maintenance Program on page seven as follows, "Councilmember Bakken moved, Councilmember Masin seconded a motion to reaffirm the current Winter Trail Maintenance Plan/Policy and include the a.ddition of 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." Mayor Awada accepted the friendly amendment. Councilmember Masin referenced changes she had suggested to page 11 with regard to relieving the Task Force of their duties. She said that originally in the meeting they were told that there was no offidal Task Force and then a motion was made to relieve them of their responsibilities. She added that she had asked why it would be necessary to do that if they were not an offidal group. Mayor Awada said she did not know if the comment had been made that there was no official group but rather a statement was made ~t the individual members were not offidally appointed by the Council. She said she would agree to add the following paragraph after the seventh paragraph on page 11 as a friendly amendment: "Councilmember 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 official group of the City and the City is under certain legal duties to limit the pro things it does. The City can give out facts and so this is just sort of a legality." A vote was taken to approve the April 4, 2000 regular City Council minutes. Aye: 4 Nay: 1 (Counci1member Blomquist opposed) ii:I""'S"":iT.O"':"'D''C:':irB:'nE''':'::'U'b:;t'nn :;~::: .:l=:'&;:. :;: "",;a:::;.t:O:;:u . ::~::t~U: .............................................................'.................................................................... Karen Flood, 1518 Lone Oak Road, stated that she would not be present at the May 16 City Council meeting where discussion is scheduled to occur on primary elections for local government and requested the Council explore the following election issues: primary elections for City offidals, ward system of election for City Council members, endorsement policy for candidates for City Council/Mayor, campaign spending guidelines for City Council/Mayor and signage policy for all levels of candidates representing Eagan. Councilmember Carlson noted that the Council had identified election signage as one of their goals. She added that the Council does not have any control over endorsements. Mayor Awada further added that the Council does not have control over campaign spending. She stated that she was opposed to a ward system because it can be territorial. City Administrator Hedges said that election signage was one of the goals adopted in January. He noted that the former Director of Finance conducted a survey of five neighboring cities' election polides in February and the information is being compiled for discussion on May 16. Councilmember Masin requested that the City Administrator copy the City Council and Ms. Flood on a memo she received from him regarding campaign issues. She added that she thought the City Council had directed staff to find places in Eagan for sign locations which was to have been patterned after the City of Burnsville's election sign requirements. Councilmember Carlson noted that former Planner Shannon Tyree had prepared a report on what other cities are doing with regard to election signs. Mayor Awada noted that it would be necessary to change the May 16 City Council meeting date or time to avoid a conflict with the school bond referendum for ISD 197 and added that this would be done under the Administrative Agenda. Larry Poppler, 3030 Poppler Lane, referenced the discussion on the minutes and said that if what was actually said at the meeting is accurately reflected in the minutes there will not be any future problems versus injecting opinions and not having facts being included by the public. He further said EAGAN CITY COUNCIL MEETING MINUTES; MAY 2, 2000 PAGES 001.39 that much of what he said at the March 21 City Council meeting was not included in the minutes. He referenced the City Attorney's recommendation that the City Council should not adopt any minutes but their own and the Counci1members should be determining what is included in the minutes and not members of the public. He said that his statement is contrary to the City's form of government. He also referenced a state statute that says that official records must be kept and all officers and agencies of the state, counties, cities, towns, schools districts, municipal subdivisions, corporations and other public authorities or public entities within the state shall make and preserve all records necessary to the full and accurate knowledge of their official activities. He added that if facts are eliminated that were said at meetings it does not provide full and accurate knowledge of the Council's official decisions made at those meetings. He suggested that a workshop be hel"- to discuss how the information should be properly recorded. City Attorney Sheldon said that there are a number of state statutes that require the City must keep records of their actions. He further said that the Eagan City Council has had a culture of including what the Council considers to be appropriate discussion on the items. He added that has been a Council choice and not a requirement. Counci1member Carlson moved, Counci1member Masin seconded a motion to direct staff to investigate the feasibility of a City Council meeting video library. Aye: 5 Nay: 0 Gary Crawford, 3749 Denmark Trail, said that he attended a meeting of the Eagan OPEn and it appears that their main focus is to micromanage the affairs of the City Council and he is still unaware of the group's purpose. He said that Counci1member Masin does not seem to know what is going on at Council meetings and appears to be micromanaging. Counci1member Masin responded that she believes it is important to have as much information as possible when taxpayers' money is being spent. Mr. Crawford replied that Counci1member Masin and Counci1member Blomquist seem like they are micromanaging. Counci1member Masin stated that if Mr. Crawford were to try and find out how the City Council operates he would see that they do not have a lot of written processes or guidelines. Counci1member Blomquist added that she believed Mr. Crawford was being argumentative. Mr. Crawford said he thought there is a lot going on behind the scenes and added that the meetings are too long. D'...""'ER."""""'AR.'.,""""""m""""MENT"""..,',."..,.".,...."....,"HEA",.,',.........,',.,',.'O",...,""B..".'.'lJ""".'.S."'.JNE"".'.'.'......'...S.."...S'..,', . . . . .. . .. . . . . : :::.:.. ":<;":'::: :::,' : '::'; ::::r:.: ..>.;":: ::.} ":.:::: ",: :":'::: '::.: ......................................................................................................................................................................... AMEND BUDGET, RECEIVE BIDS &. AWARD CONTRACT (SEWER MAINTENANCE - CAMERA) City Administrator Hedges provided an overview on this item. Counci1member Masin moved, Counci1member Bakken seconded a motion to amend the 2000 Enterprise Fund Budget for Department 62 (Sanitary Sewer Maintenance) by an additional $68,000 and authorize the acquisition of a sewer maintenance camera from the lowest responsible bidder. Aye: 5 Nay: 0 RECEIVE BID AND AWARD THE SALE OF $3,425,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A City Administrator Hedges provided an overview on this item. Bob Thistle, representing Springted, commented on Moody's Aa2 bond rating and on the increase in Standard &. Poors bond rating from AA- to AA. He said that the winning bidder was Dain Rauscher. Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the resolution awarding the sale of $3,425,000 General Obligation Improvement Bonds, Series 2000A. Aye: 5 Nay: 0 EAGAN CIIT COUNCIL MEETING MINUTES; MAY 2, 2000 PAGE 6 001..iO CONSIDER A RESOLUTION APPROVING THE SALE OF $2,305,000 EAGAN ECONOMIC DEVELOPMENT AUfHORITY DEVELOPMENT DISTRICT REVENUE BONDS, SERIES 2000 AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT City Administrator Hedges provided an overview on this item. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the resolution awarding the sale of $2,305,000 Eagan Economic Development Authority Development District Revenue Bonds, Series 2000 and authorizing the execution and delivery of the Loan Agreement. Bob Thistle, representing Springsted, said that the winning bidder was PaineWebber. A vote was taken on the motion. Aye: 5 Nay: 0 fiG.QNQmO::D~Mlml!mm,:AIf8m~J~:tmili.1 The regular City Council meeting was adjourned at 7:45 p.m. to the Economic Development Authority meeting. The City Council meeting was reconvened at 7:46 p.m. (Minutes of the EDA meeting are recorded under separate cover). Q~$I$::~Qi.giTflel~::pa!:tm::B~I~iJ!Slm::.uI1l City Administrator Hedges stated that the City of Eagan has met its goal of 81 % for census returns. He added that Eagan is the only city in Dakota County to reach its goal. He further commented that a special newsletter containing information on the bond referendum for the community center on June 6 would be forthcoming to residents. ..................................................... cONS'GNltA:G'GNDA ...................................................................'...................................... A. Personnel Items Item 1. It was recommended to approve the hiring of Kerry Johnson and Eric Sidler as seasonal lifeguards for Cascade Bay. Item 2. It was recommended to approve the hiring of Jeff Wright, Lindsay Kropelnicki, Breanna Mason, Katie Patnode, Matt Oberhaus and Melissa Smith as seasonal guest services workers for Cascade Bay. Item 3. It was recommended to approve the hiring of Matt Horvath, Elissa Moses, Amanda Kuntz, Jamie Myers, Alexis Lund, Jocelyn Kuno, Jessica Paulson, Alyssa Erdman, Alison Rusk, Metra Najafzaden and Allison Gerber as seasonal concessionaires for Cascade Bay. Item 4. It was recommended to approve the hiring of Glenn Smith and Matt Jarosz as seasonal operations/maintenance workers for Cascade Bay. Item 5. It was recommended to approve the hiring of Lynn Streefland and Kali Martin as seasonal park maintenance workers. Item 6. It was recommended to approve the hiring of Sarah Kleinboehl as a seasonal park attendant. Item 7. It was recommended to approve the hiring of Luke Jacobsen as a seasonal ballfield attendant. Item 8. It was recommended to approve the hiring of Joe Pontrelli as a seasonal custodian for the civic arena. Item 9. It was recommended to approve the hiring of Aaron Mlynek as a seasonal water resources assistant. EAGAN CITY COUNCIL MEETING MINUTES; MAY 2,2000 PAGE 7 001.Ll1 B. Final Plat and Final Planned Development, Burr Oak Business Park - TBL Capital Inc. It was recommended to approve a Final Planned Development to allow a 22,601 square foot office-warehouse building upon a 4.0 acre site located north of Yankee Doodle Road and east of T.H. 149 upon property currently platted as Outlot D, Gopher Eagan Industrial Park 2nd Addition (within the SE 1/4 of Section 12) and a Final Plat (Burr Oaks Business Park) establishing 4.0 acre lot upon property currently platted as Outlot D, Gopher Eagan Industrial Park 2nd Addition (within the SE 1/4 of Section 12). C. Set Saturday, May 20, 10:00 a.m. Eagan Maintenance Facility, 3501 Coachman Point, as the date and location for the 2000 City Auction. It was recommended to schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 20, 2000, at the Eagan Maintenance facility, 3501 Coachman Point. D. Declare bicycles, unclaimed property and miscellaneous City property to be surplus. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. E. Declare computer hardware and software surplus for either sale at auction or donation to Dragnet. It was recommended to declare various IT computer hardware and software as surplus equipment and authorize the donation of these products to Dragnet, a non-profit organization that works with people with disabilities. F. Consider approval of a temporary on-sale license for Intergenerational Living &. Health Care. It was recommended to approve a temporary on-sale license for Intergenerational Living &. Health Care. G. Consider approval of list of election judges for the Tune 6, 2000 special election. It was recommended to approve the list of election judges for the June 6, 2000 special election. H. Consider approval of an on-sale liquor license application for Red Robin Restaurant. It was recommended to approve an on-sale liquor application for Red Robin Restaurant. 1. Project 754, receive feasibility report/schedule public hearing/ authorize ad for bids (Hilltop Estates - Street Overlay). It was recommended to receive the feasibility report for Project 754 (Hilltop Estates - Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 15, 2000. J. Project 780, receive feasibility report/schedule public hearing/authorize ad for bids (Galaxie Avenue - Street Overlay). It was recommended to receive the feasibility report for Project 780 (Galaxie Avenue- Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 15, 2000. K. Project 781, receive feasibility report/schedule public hearing/ authorize ad for bids (Vienna Woods - Street Overlay). It was recommended to receive the feasibility report for Project 781 (Vienna Woods- Street Overly), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 15, 2000. L. Project 782, receive feasibility report/schedule public hearing/authorize ad for bids (Old Sibley Memorial Highway - Street Resurface). It was recommended to receive the feasibility report for Project 782 (Old Sibley Memorial Highway - Street Resurface), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 15, 2000. M. Project 783, receive feasibility report/schedule public hearing/ authorize ad for bids (Wilderness Park - Street Overlay). It was recommended to receive the feasibility report for Project 783 (Wilderness Park - Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 15, 2000. EAGAN CITY COUNCIL MEETING MINUTES; MAY 2,2000 PAGES 001.'12 N. Contract 00-04, receive bids/award contract (Duckwood Drive - Street Overlay). It was recommended to received the bids for Contract 00-04 (Duckwood Drive - Street Overlay), award the contract to the apparent low bidder, Valley Paving, me., for the Base Bid in the amount of $83,509.50, and authorize the Mayor and Deputy City Oerk to execute all related documents. O. Contract 00-09, approve plans/authorize ad for bids (General Government Buildings - Reroofing). It was recommended to approve the plans and specifications for Contract 00-09 (General Government Buildings - Reroofing) and authorize the ad for a bid opening to be held on May 26, 2000 at 10:30 a.m. P. Project 680, approve no-parking resolution, (Cliff Road - Street &. Utility Improvements). It was recommended to approve a No-Parking resolution for Project 680 (Cliff Road - Street and Utility 00- 3 3 Improvements) and authorize the Mayor and Deputy City Oerk to execute all related documents. Q. Project 742, receive final assessment report/schedule public hearing (Wescott Woodlands - Street &. Utility Improvements). It was recommended to receive the final assessment roll for Project 742 (Wescott Woodlands - Street and Utility Improvements) and schedule a public hearing to be held on June 5,2000. R. Exemption from lawful gambling license, Valley Viewers 4-H Club to conduct bingo at the Fourth of July celebration. It was recommended to approve a resolution providing for an exemption from the 00 - 32 lawful gambling license requirement for the Valley Viewers 4-H Club to conduct bingo July 3 and 4, 2000 at Sky Hill Park in conjunction with the Fourth of July celebration. S. Change Order No.8, Cascade Bay. It was recommended to approve Change Order No.8 for Cascade Bay in the amount of $5,186.00. T. Project 749, approve Cooperative Agreement with MnDOT (E. Highway 55 Frontage Rd. - Street &. Access Management Improvements). It was recommended to approve Cooperative Construction 00-31 Agreement No. 80223 for Project 749 (E. Highway 55 Frontage Road - Street and Access Management Improvements) with the Minnesota Department of Transportation and authorize the Mayor and Deputy City Clerk to execute all related documents. Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Counci1member Masin questioned how many liquor licenses were available to be issued in the City. City Administrator Hedges said he would obtain the information for Counci1member Masin. m~l.Q:B!~g:$, CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges provided an overview on this item. Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges provided an overview on this item. , \ EAGAN CITY COUNCIL MEETING MINUTF5; MAY 2, 2000 PAGE 9 001i13 Counci1member Carlson moved, Counci1member Bakken seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 5 Nay: 0 V ACATE PUBLIC RIGHT-Of-WAY (MURPHY fARM 2ND ADDmON) Director of Public Works Colbert gave a staff report and said that it would be appropriate to accept public comment this evening with action to occur at a future City Council meeting. Councilmember Blomquist moved, Councilmember Masin seconded a motion to accept public comment. Mayor Awada opened the public hearing to anyone wishing to speak. Ray Miller, owner of Murphy Farm 3rd Addition, said that he will commit to working with staff to devise a plan regarding the proposed monument sign. Councilmember Masin asked if the monument would be permanent. Mr. Miller said it would be permanent. Discussion occurred regarding the proposed location of the monument and whether it would be located on public right of way or be within part of Lot 1. Mr. Miller said that the monument would be part of Lot 1 and not located on public ground. Councilmember Carlson questioned if reimbursement should be required since this property to be vacated belongs to the public. Director of Public Works Colbert said that at one time this property was acquired by MnDOT, declared surplus excess 35E right of way and then transferred to the City of Eagan's jurisdiction at no cost to the City. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to continue action on the vacation of a portion of public right-of-way within Murphy Farm 2nd Addition to the June 5, 2000 City Council meeting. Councilmember Masin said she would like the Council to discuss the installation of monument signs at a future work session. She referred to the installation of monument signs along Wescott Road and said that she did not think they add value. A vote was taken on the motion. Aye: 5 Nay: 0 V ACATE SEGMENT OF PUBLIC RIGHT-Of-WAY (MARICE DRIVE FROM SHERMAN COURT TO mGH SITE DRIVE & A PORTION OF mGH SITE DRIVE FROM MARICE DRIVE TO 1-35E) Director of Public Works Colbert gave a staff report and noted that action on the vacation should be delayed to a future Council meeting to be concurrent with the Final PD and Subdivision actions. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. Mayor Awada moved, Councilmember Carlson seconded a motion to continue action on the vacation of a portion of a public right-of-way on Marice Drive from Sherman Court to High Site Drive / 001,14 EAGAN CI1Y COUNCIL MEETING MINUTF5; MAY 2, 2000 PAGE 10 and a segment of High Site Drive from Marice Drive to 1-35E to a future City Council meeting for consideration with the final plat of Glen Pond Estates 2nd Addition. Aye: 5 Nay: 0 RJ;;JJ?:IY$.J.~$. PLANNED DEVELOPMENT AMENDMENT - THOMPSON REALTY GROUP, me. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Karen Entzion, 977 Trillium Court, said she was concerned about the development of the entire piece of property. She expressed concern about the excessive amount of lighting that is currently in the area and asked the Council to take that into consideration and avoid adding more. She further expressed concern about the narrow drive aisle down the center of the property and traffic flow. Director of Public Works Colbert stated that there are no plans to upgrade this roadway and added that it was built to its ultimate standard at the time the development went in. He said the width is adequate and is common throughout all of the City's commerdal shopping districts. He mentioned that this is a high traffic intersection with a lot of turning movements but because it is a private drive the City has no jurisdictional control with regard to the installation of stop signs. He noted that the developer of the daycare center will typically have off peak traffic in relationship to the other commerdal ventures in this area. Counci1member Blomquist said that she talked to one of the residents who is affected by this development and they have several concerns but not with the daycare center. She further said that daycare center is in keeping with what they were originally told was going to be there. She stated that their objection was with trucks, traffic and the amount of litter that is being dropped by the businesses in the area. Ms. Entzion said that there is an inordinate amount of bus and truck traffic in the area. She further said they often park on the street, which further limits the width of the roadway. Counci1member Masin stated that her reason for wanting to continue this item previously was to ensure that the neighbors were contacted. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow the construction of a 13, 416 square foot commerdal daycare fadlity 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 V. 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 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. EAGAN CITY COUNCIL MEETING MINUTF5; MAY 2, 2000 PAGE 11 001,15 6. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-ways. 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. 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. Aye: 5 Nay: 0 CONTRACT 99-14, RECEIVE BIDSjAW ARD CONTRACT (E. HIGHWAY 55 S. FRONTAGE RD. & LOUIS LANE - STREET & urILITY IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He noted a change to the bid tabulation and said that Alternate No.1 for Brown &. Cris, Inc. was a deduct and should be noted as -$5,050 instead of +$5,050. He said that of the four parcels assodated with Louis Lane, staff feels they will be able to continue with successful negotiations with Rosenberger and Schaaf, but that RES, Inc. may require condemnation, and Huml is an uncertainty. He said that this is the last meeting that this project can be approved in order to comply with state statutes, which require a contract to be awarded within twelve months of the public hearing and also for the City to receive $280,000 of MnDOT partidpation. He further said there are three options, one of which would be to award the contract as presented in light of the favorable bids that were received. He added that if the Council were to proceed they would either have to award the contract without having the necessary easements, which would put the City at some risk with the contractor not being able to be given rights of entry for him to proceed within the timeframe that the project was bid on. He further added that another alternative would be to award the contract and authorize the City's acquisition of easements through condemnation, if necessary. He stated that the third option would be to delete Project 784 from the contract and award it for the frontage road only. Earl Elling, 3295 Highway 55, expressed concern with Contract 99-14 and said that MnDOT is giving the City $250,000 for the frontage road. He asked if this money would be used toward the improvements on Louis Lane and how that would impact the assessments to the property owners. Director of Public Works Colbert said that the $250,000 from MnDOT will be used for improvements to the frontage road only. Mr. Elling asked why Project 749 was deleted from the April 4, 2000 City Council agenda and added that it had been published in the April 1 newspaper as an agenda item. Director of Public Works Colbert said he would follow up on this matter. Mr. Elling requested that additional copies of agendas be placed in the lobby. Mayor Awada moved, Councilmember Bakken seconded a motion to receive the bids for Contract 99-14 (E. Highway 55 S. Frontage Road and Louis Lane - Street and Utility Improvements), award the contract to the apparent low bidder, Brown &. Cris, Inc. for the Base Bid in the amount of $797,339.03, and authorize condemnation through eminent domain, if necessary and authorize the Mayor and Deputy City Oerk to execute all related documents. Coundlmember Masin said she would not vote in favor of Contract 99-14 if Mr. Huml's property were included with regard to eminent domain. She said she would support eminent domain on the north side but not on the south side. Mayor Awada said she thinks that the City will come to EAGAN CITY COUNCIL MEETING MINUTF5; MAY 2, 2000 PAGE 12 001L16 . some resolution with Mr. Hum! but does not want to put the City at risk. Cound1member Bakken added that he thought the City needs both of these projects and it would not be prudent to leave the City open to the type of exposure that would occur from signing a contract and not having the authority to acquire the necessary land. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) PROJECT 768, AUTHORIZE PURCHASE Of MNDOT LAND (NORTHWOOD P ARKWA Y RIGHT-Of-WAY) City Administrator Hedges provided an overview on this item. Mayor Awada moved, Councilmember Carlson seconded a motion to authorize the purchase and reconveyance of excess MnDOT property for public right-of-way for Project 768, Northwood Parkway, and authorize the Mayor and Deputy Oerk to execute all related documents. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY Of EAGAN, TO THE CITY CODE AMENDING CHAPTER 13 ENTITLED, "SUBDIVISION REGULATIONS" ESTABLISHING A MINOR SUBDIVISION PROCEDURE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Cound1member 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. Cound1member Bakken said he was glad to see that any subdivision will meet all of the dedication requirements by the City and that lots would only be allowed to be subdivided once under this ordinance. Cound1member Carlson asked if a lot could be subdivided under this ordinance and then be sold to another property owner and further be subdivided under the minor subdivision process. City Attorney Sheldon said that a lot could only be subdivided once under this ordinance. Counci1member Carlson stated that the record should clearly note that no lot that has been previously subject to the minor subdivision process can be further subdivided. Councilmember Bakken stated that this is clearly written in the ordinance and that in order to quality as a minor subdivision certain conditions need to be satisfied. A vote was taken on the motion. Aye: 5 Nay: 0 ~~J4~~~$. INTERIM USE PERMIT - SMC COMPOST SERVICES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. A resident said that he purchased a home in 1995 and was told that a park was going to be constructed on some of the compost land. He asked when the park was going to be built. He said that the location of the compost was initially confined to one outlot and has now expanded to three outlots. He added that the compost piles have been getting larger and said that one condition of the IUP was that the piles not be visible from Yankee Doodle Road. He suggested that another site may be more acceptable for this type of use given the growth they are experiencing. He said that in the future odor 001,17 EAGAN CITY COUNCIL MEETING MINUTF5; MAY 2, 2000 PAGE 13 from the site may become an issue. He further said that the Parks Director and the Chair of the Planning Commission had recommended a one-year extension of the IUP versus a three-year extension. The applicant, of Southern Minnesota Construction Co., Inc., said that they have been granted a three-year IUP since their operation began. He added that if the park situation were to arise they would be given a 90-day notice to vacate the west parcel. He stated that they are in the process of finding other land. He noted that they have never had a phone call regarding odors from the site. He said that they do not compost on the lot they lease from the City. He added that they are looking to move the compost site further from Yankee Doodle Road. Counci1member Carlson stated that in the past few years the smell has been more noticeable at certain times. She said the Council needs to consider the long-term Guide Plan for this site and stated that at some point in time it needs to be brought into compliance. She added that could not see approving the IUP for more than one-year espedally in light of the fact that townhomes were recently constructed across from the site. Mayor Awada stated that she would prefer a shorter term limit for the Interim Use Permit and suggested revisiting the permit after the summer following the applicant's review of other land options. Councilmember Blomquist said she was not confident in approving the IUP for three years and agreed to approve it for one year and evaluate it after that time. Mayor Awada said that the business is valued ipld necessary. Mayor Awada moved, Councilmember Blomquist seconded a motion to approve an Interim Use Permit to allow the continued operation of the existing yard waste and compost fadlity on Outlots G, H and I, Gopher Eagan Industrial Park 2nd Addition, located in the SW % of Section 12, north of Yankee Doodle Road at Elrene Road, subject to the following conditions: 1. The permit shall run for a term of 1 year and terminate on June 3, 2001. 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. If the City chooses to make use of Outlot I for park purposes (before this permit expires), the City shall provide advance notice to the applicant as required in the lease agreement, and the applicant shall agree to terminate this use on Outlot I and remove all equipment and materials from Outlot I within 90 days. 4. The height of stockpiled materials shall not exceed levels even with the elevation of Yankee Doodle Road. 5. The operator shall maintain a Dakota County license and operate in compliance with County regulations. Aye: 5 Nay: 0 INTERIM USE PERMIT - MAX STEININGER, me. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow the continued operation of the existing concrete recycling fadlity on property located at the southwest corner of Yankee Doodle Road and Hwy. 149, in the north 1/2 of Section 13, subject to the following conditions: 00l'~8 EAGAN CITY COUNCIL MEETING MINUTF5; MAY 2, 2000 PAGE 14 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate two years from the date of Council approval (May 2, 2002). 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. Dust control procedures shall be utilized. 4. The hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 5. The operation shall be in compliance with all applicable State and local regulations. 6. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. 7. No mining shall be allowed on the property. Aye: 5 Nay: 0 CONDmONAL USE PERMIT - EAGAN HARDWARE HANK City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outdoor storage of materials (including lawn mowers, snowblowers, garden tillers and some rental equipment) upon a 1.6 acre parcel of land (Lot 1, Block 1, R &: B Addition) located south of Duckwood Drive and west of Denmark Avenue in the NW 1/4 of Section 15 subject to the following conditions: 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. Outside storage shall be limited to the east side of the structure as depicted on the site plan. 3. The height of the items stored outside shall not exceed the height of the enclosure. 4. All materials shall be stored and maintained in an orderly fashion. Mayor Awada commented on Wal-Mart's outdoor storage area and said that she would support Hardware Hank's request because they compete with Wal-Mart. A vote was taken on the motion. Aye: 5 Nay: 0 CONDmONAL USE PERMIT - MEGA EXCAVATING City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mark Pieper, applicant, said he concurred with the APe's recommendations and thanked Planner Bob Kirmis for his help in processing his application. He stated that he would like to keep upgrading the site and improve the adjacent lot in the future. EAGAN CITY COUNCIL MEETING MINUTF5; MAY 2, 2000 PAGElS 001.'~9 Counci1member Masin moved, Councilmember Blomquist seconded a motion to approve a Conditional Use Permit to allow the outside storage of various construction, landscape and refuse (hauling) related equipment on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1, Halley's Addition in the SE 1/4 of Section 36 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The rights granted by this conditional use permit shall apply only to Lot 4, Block 1 Halley's Addition. 3. A revised site plan shall be submitted which spedfically defines outdoor storage locations on the westerly 200 feet of the lot except for setback areas and the materials to be stored in such locations. 4. Materials stored on the site shall be in accordance with revised site plan and be limited to 16 rubbish trucks, 15 containers, 8 refuse containers and 2 storage trailers and all inoperable equipment and spare parts shall be stored inside the building or in storage trailers. 5. Outside storage within the front yard of the property shall be prohibited. 6. Outdoor storage areas to the west of the building shall be surfaced with bituminous asphalt or crushed bituminous. 7. The outdoor storage area within Lot 4 shall be completely fenced. 8. The parking area east of the building shall be surfaced with bituminous asphalt with concrete parking bumpers. Aye: 5 Nay: 0 Mr. Pieper said he would like to know the timeframe for when his site would need to be in compliance with City Code requirements. Senior Planner Ridley said that staff antidpated the site would be cleaned up by the end of summer. Mayor Awada said that the site should be cleaned up by the end of August. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a l,OOO-gallon above ground, diesel fuel storage tank on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1, Halley's Addition in the SE Y4 of Section 36 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The tank shall be located in the northwest area of the site identified on the site plan. 3. The City Fire Marshal shall determine that the fuel storage tank meets the requirements of the Uniform Fire Code for Flammable and Combustible Liquids. 4. The fuel storage tank shall be reviewed by the State Fire Marshal. 5. Fuel sales shall not be allowed on the property. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTFS; MAY 2, 2000 PAGE 16 001.50 ADOPT ZONING MAP - CITY Of EAGAN City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the publication of the Zoning Map of the City of Eagan, Minnesota incorporating approved rezonings since 1996 and administrative changes due to known map errors. Aye: 5 Nay: 0 CONSIDER POSITION ON RUNWAY 17(35 FLIGHT TRACKS City Administrator Hedges provided an overview on this item. Assistant City Administrator Verbrugge gave a staff report. Discussion occurred on the various positions the Council could take with regard to adopting a position relating to Runway 17/35 departure flight tracks. Counci1members concurred that none of the options before the Council was acceptable but also agreed that the Council needed to make a recommendation that would protect the majority of the City. They strongly recommended that departing aircraft over southwest Eagan be confined to the 1600 and 1700 flight tracks modeled in the Environmental Impact Statement. In addition, they recommended that all operations during nighttime and low demand periods should be prioritized to the Eagan-Mendota Heights Corridor and Runway 17/35 should only be used when operational considerations absolutely necessitate it and that those operations should be confined to either the 1700 departure heading or a river track departure heading. Mary Teske said she preferred a full departure fan so that flights would not be concentrated over schools, nursing homes and other sensitive uses. Karen Flood urged the City Council to adopt a position requesting that the planes be confined to the smallest area possible. Mayor Awada moved, Councilmember Bakken seconded a motion to offidally recommend the 850 departure flight track fan, endorsing the elimination of flight tracks A (950 heading over Eagan) and G (2850 heading over Bloomington). Aye: 5 Nay: 0 Coundlmember Bakken moved, Mayor Awada seconded a motion to direct staff to research options that Eagan could pursue if MASAC chooses an option not in Eagan's best interest. Aye: 5 Nay: o Councilmember Masin stated that Assistant City Administrator Jamie Verbrugge does a good job in representing the City. Councilmember Carlson suggested airing information on the upcoming informational meetings on government channel 16 and on the City's web site. Am~!~mT.1Mi::;&'I.Pi~ RESCHEDULE OTY COUNCIL MEETING Mayor Awada moved, Councilmember Bakken seconded a motion to reschedule the May 16 regular City Council meeting from 6:30 p.m. to 8:00 p.m. Aye: 5 Nay: 0 VlSl:l:mBS::OCQ::iulluf) A resident complimented the Eagan Fire Department for their response to a house fire at his residence. He also commented on the ordinance regarding the outdoor storage of recreational vehicles and boats. Mayor A:wada informed him that the APC would be revisiting this issue at their May 23 meeting. She noted that the ordinance as originally proposed has been changing. EAGAN CITY COUNCIL MEETING MINUTF5; MAY 2, 2000 PAGE 17 00151. 1119_ The meeting adjourned at 10:25 p.m. MLK MAY 2, 2000 Date {YKJA~ 'XflN. WJ 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.