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11/16/1999 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota ~oveD1ber16,1999 00332 A regular meeting of the Eagan City Council was held on Tuesday, November 16, 1999 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. Qt\mQF9mp$ City Administrator Hedges mentioned that since newly appointed Police Chief Kent Therkelsen had not been previously sworn in as an Eagan officer, he would be given the oath of office. He recognized and thanked Captain Jim McDonald for filling in during the interim. He also acknowledged Captain Rick Swanson for his role as Acting Chief. Finance Director/City Oerk VanOverbeke administered the oath of office to Police Chief Therkelsen. Police Chief Therkelsen acknowledged his family and thanked the Council for the opportunity to work for the City of Eagan. ........................ l\~~PS Mayor Awada noted that Councilmember Masin's appointment to the Dakota City Board would be added to Department Head Business as Item B. She further noted that Item A of Department Head Business, Campus Generator, was being continued indefinitely. She said that Eagan Government Day at Eagan High School was being added to the Administrative Agenda and Item D of the Consent Agenda, Trash hauler license, New Earth Services, Inc., was being continued to the December 6, 1999 City Council meeting. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 ............................................................--.....-......................................-.-..................................... """"."A~ri.'.'..,.,."."t!hr.'..h M!NP1~SQFmf:9~~9~~g~ll~!1:'?m1~~~~~~ Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 ~~$QfWtmN<:tY~~~~l~$:e~~PM~mt(itQ Councilmember Blomquist moved, Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 ~~Qlf[tmNQY~.~R;ijj.mlijG~.~jNQ Councilmember Bakken requested the word precedence in the fourth paragraph on page five be changed to precedents. He also noted that in the sixth paragraph on page nine the number of storage containers should be changed from fifteen to ten. On page ten, the number of storage containers in condition no. 5 was changed from fifteen to ten. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 REcottNjXIONS...&.PRESENilATIONS ....................-............-..............................',............................... .............. .. ........................................................................ Mayor Awada presented a certificate of appreciation to Dr. Tom Wilson, Eagan High School Principal, in honor of his receipt of the Milken Family Foundation National Educator Award. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 16, 1999 PAGE 2 00333 Dr. Wilson thanked the City Council for the recognition. ..'.........................................-.............................................'............... nrri<""D''''M. ..E...""M<.'H.....E .D riU..... .S. 1. ",rns.s... R~'~~'....,."..".,+)li,'",...,...",.,A,'.. ....'?,....,...."..,..pilA........... CAMPUS GENERATOR This item was continued indefinitely. COUNOLMEMBER MASIN'S APPOINTMENT TO THE DAKOTA an BOARD Councilmember Masin requested the City Council give consideration to partidpating in the Dakota County Fair in the year 2000. Mayor Awada congratulated Councilmember Masin on her appointment to the Dakota City Board. CONSENT AGENDA ...................__.__..-............-........... . ............................... ............ A. Personnel Items Item 1. It was recommended to approve the hiring of Robert Kriha as the Utility Construction Inspector. Item 2. It was recommended to approve the reappointment of Mark Adams as Night Battalion Chief in the V olunteer Fire Department. Item 3. It was recommended to approve the hiring of Keith Wallace as a seasonal boot hockey offidal. Item 4. It was recommended to approve the hiring of Randolph Boyden as a seasonal broomball/boot hockey offidal. Item 5. It was recommended to approve the hiring of Daniel Cullen and Daniel Smith as seasonal broomball offidals. Item 6. It was recommended to approve the hiring of Kathryn Konat as a seasonal rink attendant/ sledding hill supervisor. Item 7. It was recommended to approve the hiring of Ronni Maas and Stacey Folden as seasonal skating instructors at the dvic arena. Item 8. It was recommended to approve the hiring of Sean Cosgrove as a seasonal concession worker at the dvic arena. Item 9. It was recommended to approve the hiring of David Olson and Dale Skogstad as seasonal skate guards at the dvic arena. ' Item 10. It was recommended to accept the letter of resignation from Donna Tilsner, Program & Events Supervisor in the Park & Recreation Department. Item 11. It was recommended to accept the letter of resignation from Nancy Phipps, part-time Clerical Tedmician III in the Community Development Department. B. Extension for recording the Final Plat, Gramercy Park of Eagan. It was recommended to approve a 90 day extension of the recording requirement for Gramercy Park of Eagan located north of Yankee Doodle Road and east of Coachman Road within the SW 1f4 of Section 9. C. Consider approving renewals of existing liquor licenses for 2000, subject to review of applications, payment of fees and Police Department reviews. It was recommended to approve the renewals of existing liquor licenses for 2000, subject to review of applications, payment of fees and Police Department reviews. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 16, 1999 PAGE 3 00334 D. Trash hauler license, New Earth Services, Inc. This item was continued to the December 6, 1999 City Council meeting. E. Contract 99-12, approve final payment, authorize City maintenance (Silver Bell Road, Galaxie/Blackhawk, Heritage/Blue Cross - Street & Traffic Signal Improvements). It was recommended to approve the final payment for Contract 99-12 (Silver Bell Road, Galaxie Avenue/Blackhawk Road, Heritage Lane/Blue Cross Road - Street and Traffic Signal Improvements) in the amount of $10,021.87 to Ace Blacktop, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. F. Receive petition/authorize feasibility report (Chapel Hill Baptist Church - Sanitary Sewer & Water Improvements). It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 787 (Chapel Hill Baptist Church - Sanitary Sewer and Water Improvements) and the associated plans and specifications. G. License renewals for the year 2000, trash hauler, tobacco, tree contractor, commercial fertilizer and paintball. It was recommended to approve the license renewals for the year 2000 for trash hauler, tobacco, tree contractor, commercial fertilizer and paintball. H. Consider approval of the on-sale liquor licensee name change for HGIE, LLC dba Hilton Garden Inn Eagan, currently licensed as Nue & Torgerson II, LLP and GRME, LLC dba Green Mill Eagan currently licensed as Nue & Torgerson, LLP. It was recommended to approve the on-sale liquor license name change for HGIE, LLC dba Hilton Garden Inn Eagan, currently licensed as Nue & Torgerson II, LLP and GRME, LLC dba Green Mill Eagan, currently licensed as Nue & Torgerson, LLP. I. Change Order, Cascade Bay. It was recommended to approve Change Order #7 for Cascade Bay in the amount of $33,067. J. Approve amendment to the Joint Powers Agreement for the Black Dog Watershed Management Organization. It was recommended to approve the revised and restated Joint Powers Agreement for the Black Dog Watershed Management Organization and appoint Water Resources Coordinator Eric Macbeth as Eagan's delegate and Group AA alternate for a three year term effective January 1,2000. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 rtmLlcHE~G.s. ................................................... HOST APPROVAL FOR THE ISSUANCE OF REVENUE BONDS TO FINANCE HOUSING 99- 7 2 FACILITIES AND ADOPTION OF A HOUSING PROJECT - DAKOTA COMMUNITIES, INC. City Administrator Hedges provided an overview on this item. Mayor Awada opened the public hearing to anyone wishing to speak. Councilmember Masin moved, Council.member Bakken seconded a motion to approve the resolution giving host approval to the issuance of revenue bonds and authorization to execute the Joint Powers Agreement - Dakota Communities, Inc. and to waive the City's $500 application fee. Kathleen LeMay, President/CEO of Dakota Communities, Inc., provided information about their development proposal. There being no one else wishing to speak, Mayor Awada closed the public hearing. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTF5; NOVEMBER 16, 1999 PAGE 4 00335 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges provided an overview on this item. Mayor Awada opened the public hearing to anyone wishing to speak. Councilmember Bakken moved, Councilmember Carlson seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VACATE PORTION OF OLD SmLEY MEMORIAL HIGHWAY PUBLIC RIGHT-OF-WAY aOHN J. YOUNG - PARCEL 013-56, SEe. 19) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Councilmember Carlson moved, Councilmember Bakken seconded a motion to close the public hearing and approve the vacation of a portion of public street right-of-way on Old Sibley Memorial Highway and authorize the Mayor and City Oerk to execute all related documents. Aye: 5 Nay: 0 OL.UJff.tSlNES$ ACCEPT REPORT, COMMUNITY FACILITIES LAND ACQUISITION TASK FORCE City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa gave a staff report. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to accept the Community Facilities Land Acquisition Task Force Report and provide direction to staff to commit to the purchase of 45 acres, to continue to pursue the public-private partnerships, continue negotiations to acquire the property by eminent domain, if necessary, and to explore all possible funding options. Lee Markell, Chair of the Advisory Parks Commission, urged the Council to consider purchasing additional land beyond the 45 acres. Mike Ferber, Community Facilities Land Acquisition Task Force Member, also encouraged the Council to purchase additional land. Councilmember Bakken suggested the motion be amended to specify that the 45 acres of land to be acquired is the land identified in the Task Force report. He also suggested a language revision. Councilmember Blomquist said that she had no objection to correcting the language. She added that the Council needs to seriously look at creative ways to fund this purchase. Councilmember Masin offered an amendment to the motion to commit to the purchase of a minimum of 45 acres. Councilmember Blomquist accepted the amendment. Revised motion: To accept the Community Facilities Land Acquisition Task Force Report and provide direction to staff to commit to the purchase of a minimum of 45 acres identified in the task force report, to continue to pursue the public-private partnerships, continue negotiations to acquire the property by eminent domain, if necessary, and to explore all possible funding options. Councilmember Carlson disagreed with the amendment and said that the Task Force had previously indicated that 34 acres would be suffident and now has indicated that 45 acres is adequate. She stated that she was in agreement with the 45-acre recommendation. EAGAN crlY COUNCIL MEETING MrNUTF5; NOVEMBER 16, 1999 PAGES 00336 Mayor Awada read a letter sent to the City from Unisys and Lockheed Martin. She commented on the dollars that will be saved by sharing the land and parking facilities of the corporate neighbors. Counci1member Carlson noted that Duke Weeks Realty is cooperating with the City regarding the purchase of the 45-acre site and said that requesting to purchase additional land may cause problems. She said she would like to avoid eminent domain if possible in an effort to keep the process moving forward. A vote was taken on the motion. Aye: 5 Nay: 0 OFFIOAL MAP (NORTHWOOD PARKWAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Dennis Trooien, attorney representing Larry Wenzel, stated that his client would like the Council to cancel Offidal Map #1. He stated that the alignment of the proposed development could change as the final site plan is developed. He further stated that if the Council were to adopt the Offidal Map it may be necessary for his client to take legal steps to prepare for an eminent domain process. He mentioned that another meeting with staff regarding the application process had been scheduled for the following day. Mayor Awada said that the City is committed to constructing the road in this general alignment but said she was willing to cancel the Offidal Map and hopes that negotiations will continue to be fruitful. She expressed concern that attempts will be made to negotiate densities for alignment. She added that she would prefer to adopt the Offidal Map since the road has to be constructed in this area. Counci1member Blomquist moved, Counci1member Carlson seconded a motion to cancel Offidal Map #1 (Northwood Parkway) and not authorize the acquisition of right-of-way through Eminent Domain. Counci1member Blomquist stated that the process needs to be moved along. Counci1member Bakken agreed that the process should be moved along; however, he disagreed with the method. He said that since the road is going to be constructed in this area the plat should accommodate the road. He further said that he was not willing to assume that negotiations will be successful. Mayor Awada questioned if the map could be changed to accommodate the alignment of the plat. City Attorney Sheldon indicated the map could be changed. Counci1member Carlson questioned if the map is cancelled and negotiations break down could the map be placed on a future agenda for adoption. City Attorney Sheldon stated that the process would have to start over. Councilmember Bakken noted that in negotiations over a land deal both the applicant and City must strive to protect their own interests. Counci1member Carlson said she did not want to set an adversarial tone with the developer. Counci1member Blomquist moved to call the question. The motion failed for lack of a second. Counci1member Bakken said that he was leaning toward adopting the Offidal Map to protect the interests of the City. He further said that since the entire process would need to start qver if the Offidal Map were cancelled the City Council should adopt the map in the best interest of time and effidency. Mayor Awada noted that the City could accommodate a change in the road of a few feet in order to accommodate the wetland if necessary. Mr. Trooien said that in order to protect Mr. Wenzel's rights he would be required to act within a certain amount of time to file an inverse condemnation suit. City Attorney Sheldon stated that it would be necessary to bring this action rather than to have the developer's rights waived. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 16, 1999 PAGE 6 00337 Mayor Awada said she would be voting against the motion and said that the Council should adopt the map in case negotiations break down. She expressed concern that the developer would use the cancellation of the Offidal Map as a negotiating tool. A vote was taken on the motion to cancel Official Map #1. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Bakken opposed) PROJECT 663 ADJUSTMENT TO FINAL ASSESSMENT ROLL, VALLEY VIEW PLATEAU (STREETS AND STORM SEWER) City Administrator Hedges provided an overview on this item. Mayor Awada apologized to the residents for the calculation error that was made by the Finance Department. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve an adjustment to the certified Final Assessment Roll for Project 663, Valley View Plateau and authorize the appropriate refunds with interest on cash payments at the rate of 6.5%. Councilmember Blomquist stated that one her concerns about the assessment process is the inequities and the differences that exist and this situation provides another example. Mayor Awada stated that this matter had nothing to do with the assessment policy, but rather occurred as a result of an accounting error. Myrel Lundsten stated that the error occurred because the trunk storm sewer was supposed to be calculated by square foot and not by benefit. Finance Director VanOverbeke stated that such mistakes are not interpretations of the assessment policy nor are they inconsistendes in the application of the assessment policy. He further noted that the appropriate adjustments are made for such administrative errors. Councilmember Masin asked if there was any question that came up after the approval of the assessment that predpitated the audit. City Administrator Hedges said that Mr. Monahan had contacted the City and raised a question about the square footage. Councilmember Masin said that the questions that were being asked prior to approving the assessment were known but the audit took place after it was approved. She asked if there were any new questions that were brought up that she was not aware of that predpitated the audit. City Administrator Hedges responded that there was no new information A vote was taken on the motion. Aye: 5 Nay: 0 ADMINlSTltAmEAGENDA ............................................................................ ....................................',..................................... SCHEDULE STANDING COMMITTEE MEETINGS FOR Y2K AND CENSUS City Administrator Hedges asked the Councilmembers who serve on each of the standing committees to contact him to arrange the appropriate meetings. YOUTH ATTENDANCE AT NATIONAL LEAGUE OF mIES CONFERENCE City Administrator Hedges noted that Katie Tilley and Maya Babu would not be attending this year's NLC Conference. THE HOOP - A BASKETBALL FACILITY PROPOSAL BY CHRIS MOARN City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Blomquist seconded a motion to forward the information regarding a basketball facility proposal by Chris Moam to the APrC for their review and a presentation by Mr. Moam. Aye: 5 Nay: 0 00338 EAGAN CIlY COUNCIL MEETING MINUTES; NOVEMBER 16, 1999 PAGE 7 SPECIAL CITY COUNCIL MEETINGSjNOVEMBER 23 AND DECEMBER 6 Mayor Awada moved, Councilmember Bakken seconded a motion to schedule Spedal City Council meetings for December 6 and 14,1999 at 4:45 p.m. Aye: 5 Nay: 0 EAGAN GOVERNMENT DAY AT EAGAN HIGH SCHOOL City Administrator Hedges provided an overview on this item. He said that staff will be providing presentations to the freshmen students at Eagan High School next Monday and he invited Councilmembers to attend. ....................................................................... NJ$fl'Qg~WQI~U~P Joseph Bari, member of the Community Fadlities Land Acquisition Task Force and APrC, commended Mayor Awada for providing the impetus to get the process started for the community park. He also thanked the City Council for accepting the proposal and the staff for their professionalism. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . :~hl..hTm""fM....'tiK1T ftv: ~i~i.l.,i:~~ ,:., :~1;~:~~:: ................ ...........................................................-....-. The meeting adjourned at 8:10 p.m. to an Executive Session for the purpose of discussing counter proposals for Police, Sergeants, and Clerical bargaining units. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken, City Administrator Tom Hedges, Assistant City Administrator Holly Duffy and City Attorney Jim Sheldon. November 16, 1999 Date MLK 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.