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03/01/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 1, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hansen. Councilmember Tilley was absent. Jerry Ward of Bridleridge Road expressed concern regarding the lack of recorded phone information during the recent snowstorm. He suggested that callers be assured that messages would be listened to daily. A regular meeting of the Eagan City Council was held on Tuesday, March 1, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, and Fields. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, Public Works Director Tom Colbert, Administrative Services Director Gene VanOverbeke, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire noted the passing of Mayor Steve Lampe of Brooklyn Park. A moment of silence was observed. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the February 15, 2011 regular City Council meeting as presented. B. Personnel Items. 1. The resignation of Keisa Nippoldt, Clerical Tech 3 in the Community Development Department was acknowledged. 2. The hiring of Dwayne Holz, Utility Maintenance Worker, was approved. C. It was recommended to ratify the check registers dated January 28, 2011 and February 4, 2011 as presented. D. It was recommended to approve the plans and specifications for Contract 11 -02 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 31, 2011. E. It was recommended to receive the bids and award Proposals #2 and #3 for Contract 11 -03 (Deerwood Reservoir Repainting) to Classic Protective Coatings in the amount of $666,098 and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to award Contract 10 -11 (Ames Crossing Road Street and Utility Improvements), to Enebak Construction Company for the base bid in the amount of $1,160,596.34, and authorize the Mayor and City Clerk to execute all related documents. G. Item was pulled and reschedule. H. It was recommended to approve an Easement Agreement for Project 1016R (Ames Crossing Road — Street & Utility Improvements) with the owner of Lot 1, Block 1 Lone Oak 2 nd Addition (Delta Airlines / Metropolitan Airports Commission) and authorize the Mayor and City Clerk to execute all related documents. City Council Minutes March 1, 2011 Page 2 I. It was recommended to approve a Master Partnership Contract with the Minnesota Department of Transportation (Mn /DOT), authorize the Mayor and City Clerk to execute all related documents, and delegate authority to the City Engineer to enter into subsequent Work Order Contracts as needed. J. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $2.0 million from the Municipal State Aid (MSA) Construction account. K. It was recommended to approve a Final Subdivision (Nicols Ridge 3 rd Addition) to create one lot and one outlot upon approximately 5.3 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, and consisting of property legally described as lots 2 -5, Block 9, Nicols Ridge, and Outlot B, Nicols Ridge 2 nd Addition; and approve a Final Planned Development Amendment for Phase 1 of Nicols Ridge 4 th Addition consisting of 41 townhome units upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, upon property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2 nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway; and approve a Final Subdivision (Nicols Ridge 4 th Addition) to create 41 townhome lots and two outlots upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2 nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway. L. It was recommended to direct staff to work with the City Attorney's office on a Zoning Permit implementation plan. M. It was recommended to reschedule the Public Hearing to March 15, 2011 to consider vacating a public drainage and utility easement on Lot 10, Block 1, the Woodlands Addition. N. It was recommended to approve a Tree Maintenance Contractor License for Morgans Tree Service, 732 Arlington Avenue, St. Paul. O. It was recommended to approve a change in management on the off -sale 3.2 percent malt liquor (beer) license for Kwik Trip, Inc., dba Kwik Trip #662 located at 3145 Dodd Road. P. It was recommended to approve the Consultant Service pool for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the pool of businesses on the attached list, authorize the City Planner and /or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 1051, CEDAR GROVE BOULEVARD STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding Phase I of street and utility improvements for Cedar Grove Boulevard. Public Works Director Colbert introduced Mark Kasma of Bolten and Menk who presented the preliminary engineering report. Council and staff discussed the potential of a roundabout Mayor Maguire opened the public hearing. Doris Dahline asked if the proposed realignment is due to a proposed development. She also commented that landscaping should be included with the improvements. Staff responded to Ms. Dahline's question. There being no further comment, Mayor Maguire turned discussion back to Council Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve Phase 1 of Project 1051 (Cedar Grove Boulevard — Street and Utility Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay 0 City Council Minutes March 1, 2011 Page 3 OLD BUSINESS PROJECT 971, DUCKWOOD DRIVE OVERPASS BRIDGE AND STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the Engineering Design Report for the Duckwood Drive Overpass. City Engineer Russ Matthys gave a staff report. Administrative Services Director VanOverbeke explained funding for the overpass project. Five residents spoke expressing opposition to the proposed overpass, concern over the fiscal responsibility of the project, and potential increased traffic through the residential neighborhood Staff responded to questions and concerns that were raised. Council held a discussion. Mayor Maguire moved, Councilmember Bakken seconded a motion to receive the Engineering Design Report for Project 971 (Duckwood Drive Overpass — Bridge and Street Improvements) as presented and approve Project 971 and plans and specifications for Contract 09 -18, Duckwood Drive Overpass (Bridge and Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on March 31, 2011. Aye: 4 Nay: 0 NEW BUSINESS INTERIM USE PERMIT — 3812 BLACKHAWK RIDGE PLACE (TSCHERNE) City Administrator Hedges introduced this item regarding an Interim Use Permit to allow a kennel on property located at 3812 Blackhawk Ridge Place. City Planner Ridley gave a staff report. The applicant was present to answer questions of the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit to allow a kennel on property located at 3812 Blackhawk Ridge Place for Lot 15, Block 2, Blackhawk Ridge 2 nd Addition, subject to the following conditions: Aye: 4 Nay: 0 The Interim Use Permit shall be recorded against the property at Dakota County. The premises are allowed no more than four (4) guest dogs at any one time. The applicant must maintain a current kennel license issued by the City. No full -time boarding of animals for commercial purposes may occur on this property. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. The Interim Use Permit shall expire 5 years from the date of approval. VISITORS TO BE HEARD There were no visitors who wished to be heard. City Council Minutes March 1, 2011 Page 4 ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:15 p.m. Aye:4 Nay:0 Date Mayor Deputy Clerk