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02/02/1999 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 2, 1999 00028 A regular meeting of the Eagan City Council was held on Tuesday, February 2,1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and CounciImembers 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. AGENDA City Administrator Hedges noted that Item E of the Consent Agenda, Final Planned Development and Final Subdivision, Pulte Homes for Oakbrooke and Item A of Old Business, Project 673R Red Pine Lane Final Assessments would need to be continued and the scheduling of City Council retreats would need to addressed under the Administrative Agenda. Councilmember Masin moved, Councilmember Bakken seconded a motion to approve the agenda.as presented. Aye: 5 Nay: 0 MINUTES OF THE JANUARY 19, 1999 REGULAR MEETING Councilmember Carlson moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS Councilmember Masin asked for an update on the status of the request for additional rebroadcasts of City Council meetings. City Administrator Hedges stated that he has met with the appropriate staff to discuss this request and it appears possible to arrange additional playback times of the meetings. CONSENT AGENDA Councilmember Blomquist moved, Councilmember Carlson seconded a motion to separate Items D, E and L from the Consent Agenda. Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to approve the hiring of Lisa Bell and Maria Whiteman as part-time seasonal skating instructors for the civic arena. Item 2. It was recommended to approve the hiring of Steve Dykstra and Burt Nicholas as part-time seasonal supervisors at the civic arena. Item 3. It was recommended to approve the hiring of Aaron Wheeler and Daniel Zeroth as part-time seasonal warming house attendants. B. Extension for recording the final subdivision, Ronald Roth & Tames Schmitt for Deer Rest Pond Addition. It was recommended to approve a 60-day extension for recording the final plat for Deer Rest Pond, consisting of four lots on 2.86 acres located between James Court and Rusten Road in the SW % of Section 31. C. Extension for recording the final plat, Mini/USA Equities for Town Centre 70 Twenty-Second Addition. It was recommended to approve. a 60-day extension for recording the final plat for Town Centre 70 Twenty-Second Addition, consisting of one lot on 4.42 acres located west of Denmark A venue north of Duckwood Drive in the NW 1/4 of Section 15. D. Negative declaration on the need for an E.I.S. for Oakbrooke E.A.W. This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by CounciImember Carlson. Aye: 5 Nay: 0 Eagan City Council meeting minutes; February 2, 1999 Page 2 00029 E. Final Planned Development and Final Subdivision, Pulte Homes for Oakbrooke. This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by Councilmember Carlson. Aye: 5 Nay: 0 F. Recommendation, Airport Relations Commission to submit letter to the MAC regarding test cell operations. It was recommended to approve a letter from the Airport Relations Commission to the Metropolitan Airports Commission regarding operation of the Northwest Airlines Test Cell Facility. G. Contract 98-10, approve final payment (Thomas Lake - Outlet Structure). It was recommended to approve the final payment for Contract 98-10 (Thomas Lake - Outlet Structure) in the amount of $7,888.20 to Barbarossa and Sons, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. H. Assignment of responsibility, Semper Development, Ltd. It was recommended to approve the Assignment of Semper Development Ltd. rights under the Development Contract to Reliance Development Company LLP. I. Parade permit application for Eagan Convention & Visitors Bureau for St. Patrick's Day parade. It was recommended to approve a parade permit for the Eagan Convention & Visitors Bureau to hold the Eagan Go Bragh Irish parade on Nicols Road (north of Diffley) to Cedarvale Drive (Cedarvale Shopping Center). J. Exemption from lawful gambling license, Metro/Twin Toms Chapter National Wild Turkey Federation, to 99-7 conduct a raffle on March 20, 1999 at the Royal Cliff Banquet facility. It was recommended to grant an exemption from the lawful gambling license requirement for the Metro/Twin Toms Chapter of the National Wild Turkey Federation for a raffle to be conducted at the Royal Cliff Banquet facility on March 20, 1999. K. Commercial fertilizer license renewal for TruGreen/Chemlawn and Tree contractor license renewal for Roggenbuck Tree Service. It was recommended to approve the 1999 renewals for a commercial fertilizer license for TruGreen/ Chemlawn and a tree contractor license for Roggenbuck Tree Service as presented. L. Service station license and tobacco license for Eagan Amoco located at 4205 Nicols Road. This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by Councilmember Carlson. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Mayor Awada acknowledged the three items that were separated by motion from the consent agenda. In regard to Item D, Negative declaration on the need for an E.I.S. for Oakbrooke E.A.W.,_Councilmember Blomquist indicated she would be abstaining on this item. Councilmember Masin questioned if the wildlife habitat would be maintained. Senior Planner Ridley stated that the proposed development will maintain a large portion of the site in its natural state and is consistent with the City's Tree Preservation Ordinance and wetland conservation requirements. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Resolution regarding a Negative Declaration on the need for an Environmental Impact Statement for the Oakbrooke residential development. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) In regard to Item E, Final Planned Development and Final Subdivision, Pulte Homes for Oak brooke, it was noted that the executed documents were not available and it was necessary to continue this item to a future City Council meeting. Councilmember Bakken moved, CounciImember Masin seconded a motion to continue the Final Planned Development (rezoning) of a 117 acre site located north of Diffley Road and east of I-35E (generally in the south half of Section 21) from A, Agricultural and RB, Roadside Business to PD, Planned Development and the Final Subdivision creating 79 single family detached dwelling units and 8 outlots upon a 117 acres site located north of Diffley Road and east of I-35E (generally in the south half of Section 21). Aye: 5 Nay: 0 Eagan City COW1cil meeting minutes; February 2, 1999 Page 3 00030 In regard to Item L, Service station license and tobacco license for Eagan Amoco located at 4205 Nicols Road, Councilmember Masin mentioned that there is a Sinclair service station in Burnsville that does not sell cigarettes out of public concern and commented how admirable that is. Councilmember Carlson moved, CounciImember Masin seconded a motion to approve a service station license and tobacco sales license for Eagan Amoco (formerly Walstad's Amoco) located at 4205 Nicols Road. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA City Administrator Hedges noted that all the items included in the Administrative Agenda are informative only. He mentioned that the Silver Anniversary calendar has been completed, pending a few minor changes. He commended the History Committee, West Group, Dakota Electric, Royal Oak Press, the Eagan Convention & Visitors Bureau and Communications Coordinator Joanna Foote for their collaboration on this project. Councilmember Blomquist stated that the History Committee will be putting together a poster that will include items commemorating Eagan's 25th Silver Anniversary. Councilmember Masin commented on the Silver Citizen Reception that was held at Jensen's Supper Club. She noted that Tony Caponi was chosen as the Silver Citizen, Wenzel Heating & Air Conditioning was chosen as the Silver Company and the League of Women Voters was chosen as the Silver Civic Organization. City Administrator Hedges referenced the Cascade Bay Aquatic Facility brochure that was provided to the City Council and stated that copies will be sent to each resident with the next newsletter. He added that slightly less than 500 season passes have been sold to date. He thanked staff for their work on the brochure. City Administrator Hedges referenced the meeting schedule that was prepared for the City Council identifying upcoming meetings and events. Councilmembers agreed to schedule two retreats for February 16 beginning at 4:00 p.m. and for March 4 beginning at 4:30 p.m. He said that in regard to Council standing committees, additional information on suggested programs will be prepared. Senior Planner Ridley gave an update on the Comprehensive Guide Plan open houses that were held at Pilot Knob Elementary and the Municipal Center. LEGISLA TIVF/INTERGOVERNMENT AL AFFAIRS City Administrator Hedges stated that Governor Ventura is talking about phasing out LGA and HAC A in the year 2003. He added that staff will monitor the situation. PUBLIC HEARINGS PROJECT 755, MEADOWLAND 1sT ADDITION (REHABILITATION OVERLAY) City Administrator Hedges provided an overview on this item. Development/Design Engineer Gorder gave a staff report. Councilmember Masin moved, Councilmember Carlson seconded a motion to open the public hearing and approve Project 755 (Meadowland 1st Addition - Street Overlay) and authorize the preparation of detailed final plans and specifications. There being no one wishing to speak, Mayor Awada closed the public hearing. A vote was taken on the motion. Aye: 4 Nay: 1 (CounciImember Blomquist opposed) Eagan City Council meeting minutes; February 2, 1999 Page 4 00031 PROJECT 756, WOODGATE 3RD, (TIBERON ADDITIONS - REHABILITATION OVERLAY) City Administrator Hedges provided an overview on this item. Development/Design Engineer Gorder gave a staff report. Councilmember Carlson moved, Councilmember Masin seconded a motion to open the public hearing and approve Project 756 (Woodgate 3rd, Tiberon and Mallard Park 3rd Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. There being no one wishing to speak, Mayor Awada closed the public hearing. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 753, THOMAS LAKE ROAD (CLIFF ROAD TO DIFFLEY ROAD -REHABILITATION OVERLAY) City Administrator Hedges provided an overview on this item. Development/Design Engineer Gorder gave a staff report. Councilmember Carlson moved, Councilmember Masin seconded a motion to open the public hearing and approve Project 753 (Thomas Lake Road - Street Overlay) and authorize the preparation of detailed plans and specifications. Rich Rovang, 4226 Boulder Ridge Point, stated that he does not have a problem with the City's street assessment policy and is in support of the project. He asked why the townhouses in Boulder Ridge were being assessed when the residents already have to pay to maintain their own private streets and further questioned why the homes on Wexford Way were not being assessed. Director of Public Works Colbert explained that the assessment policy is designed so that all properties accessing any public street are assessed. Mayor Awada noted that the City Council considers internal private streets comparable to driveways. There being no one else wishing to speak, Mayor Awada closed the public hearing. Councilmember Masin noted that any changes to the assessment policy by the Council will not impact the project schedule. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) OLD BUSINESS PROJECT 673R, RED PINE LANE FINAL ASSESSMENTS (PARCEL #10-03600-021-79, OBERG) Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue the proposed Final Assessment Roll for Project 673R (Red Pine Lane - Streets and Utilities) as it pertains to Parcel10-0360Q-021- 79 to the March 2,1999 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - KAMI, INC. 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 a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of a 4.4 acre Eagan City Council meeting minutes; February 2, 1999 Page 5 00032 parcel of land located north of Yankee Doodle Road and east of Coachman Road from Neighborhood Business (NB) to Limited Business (LB). Aye: 5 Nay: 0 ROUND TABLE CounciImember Masin referenced the letter sent to the City regarding a parking complaint on Gold Trail. Director of Public Works Colbert noted that for special cleanup street sweeping operations, signage will be posted regarding temporary parking restrictions in those areas where continuous onstreet parking is evident. He further noted that residents may contact the Police Department to report violations of the City's odd-even winter parking restrictions or parking too close to a stop sign. CounciImember Carlson provided a handout to CounciImembers requesting they prepare questions they may have in regard to the City's assessment policy prior to the February 9 work session. Mayor Awada suggested that questions be submitted to staff by Friday, February 5. Councilmember Masin asked if it would be possible to use the cable equipment from the Council Chambers in the Community Room following installation of new equipment in the Chambers. City Administrator Hedges stated that updates are proposed to be made to the Council Chambers in the next three to six months and staff believes that some of the cameras can be relocated to the Community Room and possibly the Fire Administration Training Room. ADJOURNMENT The meeting adjourned at 7:40 p.m. to an Executive Session to consider condemnation proceedings in regard to Projects 745 and 746. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson, Bakken, City Administrator Tom Hedges, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. MLK cD 1 JJ'1M- T 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, (TOO phone: (651) 454-8535). February 2, 1999 Date 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.