Loading...
12/04/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 4, 2006 A Listening Session was held prior to the regular City Council meeting on December 4, 2006 in the Eagan Room. A representative of Wescott Townhouse Association invited the Mayor and Councilmembers to attend an open house at Eagan Hills Condominiums to be held December 10, 2006 which will benefit Dakota Woodlands. A regular meeting of the Eagan City Council was held on December 4, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Engineer Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 21, 2006 special City Council meeting and the November 21, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Julie Anderson as a part-time recreation program supervisor effective January1, 2007. 2. It was recommended to approve the hiring of Elizabeth Bentson as a part-time Clerical Tech III in the Police Department. 3. Ratify Teamsters Maintenance Contract C. Check Registers. It was recommended to ratify the check registers dated November 23, 2006 and November 30, 2006 as presented. D. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-06 to 7-1-07. E. 2007 General Legal Services Hourly Rates. It was recommended to approve the 2007 General Legal Services Hourly Rates. F. 2007 License Renewals for Pet Shops and Kennels. It was recommended to approve the 2007 kennel and pet shop license renewals subject to payment of fees ad compliance with requirements of the application. G. 2007 Pigeon License Renewal. It was recommended to approve the 2007 License to Harbor Carrier / Homing / Racing Pigeons for Eric Drenckhahn, 2811 Pilot Knob Road. H. CDBG Funding. It was recommended to adopt a resolution authorizing the City Administrator to submit 06-48 the Community Development Block Grant (CDBG) Program applications for 2007 to the Daktoa County Community Development Agency. I. Extension for Recording Plat. It was recommended to approve a 90-day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE ¼ of Section 36. J. Resolution. It was recommended to approve a Resolution in support of adding the Biothera property at 06-49 3388 Mike Collins Drive to the Bioscience Zone application from Dakota and Goodhue Counties. Eagan City Council Meeting Minutes December 4, 2006 Page 2 K. Project 778. It was recommended to approve a Joint Powers Agreement for Project 778 (Trunk Highway 149 ? Street Upgrade) with the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. L. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for the proposed Waters Annex development. M. Project 944. It was recommended to receive the Draft Feasibility Report for Project 944, Killdeer Addition (Joyce Court ? Street Improvements) and schedule a public hearing to be held on January 2, 2007. N. Project 945. It was recommended to receive the Draft Feasibility Report for Project 945, Sheffield Addition (Sudberry Lane ? Street Improvements) and schedule a public hearing to be held on January 2, 2007. st O. Project 947. It was recommended to receive the Draft Feasibility Report for Project 947, (Fawn Ridge 1 / nd 2 Additions ? Street Improvements) and schedule a pubic hearing to be held on January 2, 2007. P. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade ? Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-30601-050-00 and authorize the Mayor and City Clerk to execute all related documents. Q. Access Management Study. It was recommended to approve a Cost Participation Agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Road (Denmark Avenue to TH 149) and authorize the Mayor and City Clerk to execute all related documents. R. Contract 05-03. It was recommended to approve the final payment for Contract 05-03 (Well No. 21 ? Development and Pumping Equipment) in the amount of $22,572.04 to Mark J. Traut Wells, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. S. Heart Healthy Living Program. It was recommended to approve the renewal of a contract with Heart Helathy Living, P.A. for 2007 to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. T. Lease. It was recommended to approve a lease renewal for Burnsville Eagan Community Television at its current location. U. Policies and Procedures. It was recommended to approve a resolution regarding policies and procedures governing the receipt and review of applications for additional Cable franchises. V. Opposition to Legislative Proposals. It was recommended to approve a resolution stating opposition to 06-50 Legislative proposals that remove Cable Television Build-Out Provisions from Chapter 238 of Minnesota State Law and forward copies of this resolution to Eagan?s state legislative delegation and the League of Minnesota Cities. W. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record nd the final plat for Oakview Center 2 Addition, located south of Lone Oak Road and north of Highway 55 in the NW ¼ of Section 12. X. Project 950. It was recommended to receive the petition and authorize the preparation of a feasibility report by Bonestroo and Associates for Project 950 (Opperman Drive and TH 149-Intersection Reconfiguration). PUBLIC HEARINGS PROPERTY BUDGET AND PROPERTY TAX LEVY FOR 2007 ? TRUTH IN TAXATION HEARING City Administrator Hedges introduced this item regarding the proposed Budget and property tax levy for 2007. He discussed the 2007 Special Service District Budget. Councilmember Carlson moved, Councilmember Tilley seconded a motion to close the public hearing and set the 2007 Cedarvale Special Services District levy and budget considerations for the December 19, 2006 City Council meeting. Aye: 5 Nay: 0 Administrator Hedges made a presentation on the budget and property tax levy for 2007. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes December 4, 2006 Page 3 Councilmember Tilley moved, Councilmember Fields seconded a motion to set the 2007 General Levy and General Fund Budget considerations for the December 19, 2006 City Council meeting. Aye: 5 Nay: 0 ND LOT 1, BLOCK 1, CENTENNIAL RIDGE 2 (LENA COURT) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility nd easements within Lot 1, Block 1, Centennial Ridge 2 Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing and approve the vacation of a portion of public drainage and utility easements within Lot 1, Block 1, Centennial Ridge nd 2 Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ST LOTS 1 & 2, BLOCK 1, SILICON GRAPHICS 1 EASEMENT VACATION City Administrator Hedges introduced this item regarding the easement vacation for Lots 1 and 2, Block 1 Silicon st Graphics 1 Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to close the public hearing and continue consideration of the public easement vacation for formal consideration with the Final Plat for the Waters Annex Addition. Aye: 5 Nay: 0 PROJECT 776, YANKEE DOODLE ROAD FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Yankee Doodle Road street and utility improvements. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. Tim Keane representing the Virginia Fox family and Gopher Refining noted their objection to the final assessment. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 776 (Yankee Doodle Road ? Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 FINAL ASSESSMENT ROLL Eagan City Council Meeting Minutes December 4, 2006 Page 4 City Administrator Hedges introduced this item regarding the final assessment roll for the Lexington Avenue, Lone Oak Road to Trunk Highway 55 street reconstruction and overlay. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 ? Street Reconstruction and Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 928, MEADOWVIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Meadowview Road / Alexander Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Three property owners expressed their opposition to the proposed assessments. City Engineer Matthys explained the proposed assessment policy and rate. Public Works Director discussed the background of the assessment process for this property. Council agreed to continue the public hearing pending further review of the City assessment policy in regard to this project by the Public Works Committee. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the Final Assessment Roll for Project 928 (Meadowview Road / Alexander Road ? Street Improvements) to February 20, 2007 and direct the Public Works Committee to review the issue. Aye: 5 Nay: 0 OLD BUSINESS There was no old business. NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCE ? RICHARD SKINN City Administrator Hedges introduced this item regarding a request for a Conditional Use for outdoor storage, for property located at 4890 Biscayne Avenue. City Planner Ridley gave a staff report. Don Weber, owner of Sierra Metals, discussed hours of operation, stating that work would not begin prior to 8:00 a.m. in an effort to eliminate noise early in the morning. He stated without the conditional use permit, he will be unable to conduct business in the City of Eagan. Brent Koth, 545 Spruce Street, discussed noise coming from the business early in the morning. He also stated that the variance is very excessive. Richard Skinn, owner of the property, discussed the history of the 33 foot piece of property adjacent to Gun Club Road. He has his surveyor working to determine if the vacated right-of-way has reverted to his ownership. Council discussed the possibility of an interim use permit being more appropriate for this request rather than a conditional use permit due to the property being adjacent to a residential area. Eagan City Council Meeting Minutes December 4, 2006 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to explore the possibility of an Interim Use Permit for outdoor storage, for property located at 4890 Biscayne Avenue to the February 6, 2007 regular City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley was absent for the remainder of the meeting. CONDITIONAL USE PERMIT AND VARIANCE ? WENSMANN HOMES INC. City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for outdoor storage, and a variance of a 40-foot rear yard, 20-foot north side yard and 10-foot south side yard setback for property located at 4870 Biscayne Avenue. City Planner Ridley gave a staff report. Terry Wensmann, applicant, discussed proposed conditional use permit, noting that his business is not adjacent to a residential area. Brent Koth requested uniformity in the fencing of the businesses adjacent to the residential area. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage, for property located at 4870 Biscayne Avenue, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A revised site plan indicating the storage area for the above ground fuel storage details as required by the Fire Marshal shall be submitted. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 31, 2006. 4. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than July 1, 2007. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be properly maintained to prevent deterioration. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of a 40 foot rear yard, 20-foot north side yard and 10-foot south side yard setback, for outdoor storage on property located at 4870 Biscayne Avenue in the SE ¼ of Section 36, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The height of the outdoor storage shall be screened via landscaping or a privacy fence on the property. ORDINANCE AMENDMENT ? CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11, Section 11.70, Subdivision 28 regarding signage inspections. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.70, Subdivision 28, to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Eagan City Council Meeting Minutes December 4, 2006 Page 6 There was no update. It was noted that there would not be a meeting of the Economic Development Authority. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue the Economic Development Authority meeting to December 19. ADMINISTRATIVE AGENDA City Administrator Hedges noted that there would be a closed session of the Council after the regular meeting. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:55 p.m. _______________________________ ___________________________________ Date Administrative Secretary / Deputy 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) 675-5000, (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.