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07/18/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 18, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. Residents of London Lane discussed their concerns over the condition of the street overlay and resulting problems. Street Superintendent Tom Struve and Public Works Director Colbert provided an update on measures being taken to correct the problem. Council directed that options and a timeline be provided at the next Council meeting. A regular meeting of the Eagan City Council was held on July 18, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Engineer Russ Matthys, Traffic Engineer Tim Plath, 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 Item D regarding National Night Out to be hled on August 1 was pulled from the consent agenda for discussion. Item S regarding meeting schedule changes was added. Councilmember Maguire moved, Councilmember Tilley 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 July 20, 2006 regular City Council meeting . and the June 13, 2006 Special City Council meeting as presented B. Personnel Items. 1. It was recommended to approve the hiring of Jason Ziemer as an Administrative Intern. C. Check Registers. It was recommended to ratify the check registers dated July 6, 2006 and July 13, 2006 as presented. D. Proclamation. It was recommended to adopt a proclamation recognizing August 1, 2006 as ?National Night Out? in Eagan. E. Grant. It was recommended to approve a resolution allowing the City of Eagan to continue to participate in the Dakota Traffic Safety Program through 2007 F. Surplus Property. It was recommended to award the sale of three surplus thermal imaging cameras to the City of Frazee for $150. G. Revolving Internal Loan. It was recommended to approve a resolution outlining the terms of a revolving internal loan in connection with the Southeast Eagan Tax Increment Financing District Number 1. H. Stanton Group Proposal. It was recommended to approve a proposal from the Stanton Group to provide actuarial services to value post employment benefits. I. NOC Appointment. It was recommended to appoint Jason Ziemer, Administrative Intern as an alternate to the Minneapolis ? St. Paul Airport Noise Oversight Committee (NOC). J. Traffic Signal Agreement. It was recommended to approve a Traffic Control Signal Agreement for Cliff Road at Trunk Highway 77 (Cedar Avenue) and Interstate 35E with the Minnesota Department of Transportation Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes July 18, 2006 Page 2 K. No Parking Designation. It was recommended to approve a resolution to prohibit parking on both sides of Highway 149 (Wescott Road to Highway 55), and Holiday Lane (Highway 55 to Courthouse Lane) and authorize the Mayor and City Clerk to execute all related documents. L. Project 778. It was recommended to approve the Wetland Replacement Plan for Parcel No. 10-87000- 020-00 associated with Project 778 (Trunk Highway 149 ? Street Upgrade) and authorize the Water Resources Coordinator to execute all related documents. M. Project 04-G. It was recommended to acknowledge the completion of improvements for City Project No. 04-G (Schwanz Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. N. Liquor License. It was recommended to approve the off-sale liquor license for K-Liquor, Inc., dba K- Liquor, 1274 Lone Oak Road. O. Liquor License. It was recommended to approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. P. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor nd License for Catrocho?s Tree Service, 3741 2 Avenue S., Minneapolis. Q. Contract 06-02. It was recommended to approve Change Order No. 3 to Contract 06-02 (Citywide ? Street and Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. R. Easement Agreement. It was recommended to approve an Easement Agreement for access to Cliff Lake (Pond AP-11) with the owners of Parcel 10-17780-020-01 and authorize the Mayor and City Clerk to execute all related documents. S. Meeting Date Changes. It was recommended to change dates for two regular City Council meetings: Meeting scheduled for August 2 changed to July 31 and meeting scheduled for September 26 changed to September 25. PUBLIC HEARINGS PROJECT 938, NICOLS ROAD ? SIDEWALK IMPROVEMENTS (PIN OAK DRIVE TO CLIFF ROAD) City Administrator Hedges introduced this item regarding proposed sidewalk improvements on Nicols Road between Pin Oak Drive an Cliff Road. It was noted that this item was continued from the June 6, 2006 Council meeting to allow time for an option to be included for construction of the sidewalk along the east side of Nicols Road. Traffic Engineer Plath 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 Tilley moved, Councilmember Maguire seconded a motion to approve Project 938 (Nicols Road, Pin Oak Drive to Cliff Road ? Sidewalk Improvements) with Alternate B, which provides for the construction of a 6-foot wide concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Cliff Road; and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT City Administrator Hedges introduced this item regarding storm sewer improvement in the Sibley Terminal Industrial Park. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. Todd Johnson, Global Equity Partners, discussed runoff that effects his property. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes July 18, 2006 Page 3 Councilmember Fields moved, Councilmember Maguire seconded a motion to approve Project 858 (Sibley Terminal Industrial Park ? Storm Sewer Improvement) with alternative #4, bulkhead 30? culvert, improve ditch, and construct pond; authorize the acquisition of the pond easement for the appraisal estimate; and authorize the preparation of detailed plans and specifications for a contract to be let within two years. Aye: 5 Nay: 0 PROJECT 929, RED PINE LANE / GUN CLUB ROAD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street and utility improvements on Red Pine Lane / Gun Club Road. Traffic Engineer Plath gave a staff report. Mayor Geagan opened the public hearing. Two residents of Red Pine Court suggested traffic speed reduction measures, improved signage at the crosswalk, and a sidewalk be installed. Mark Piper, 4895 Biscayne Avenue, discussed the proposed assessment to his property, stating he does not feel he should be assessed for the improvements as he paid assessments for the Biscayne Avenue improvements and his building is already connected to sewer and water. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 929 (Red Pine Lane / Gun Club Road ? Street and Utility Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 GUN CLUB ROAD ? RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public right-of-way. He noted that it was recommended that consideration of this item be continued to be concurrent with the final plat approval of Red Pine Crossing. Public Works Director Colbert 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 Tilley moved, Councilmember Fields seconded a motion to close the public hearing and continue consideration of the vacation of a portion of public right-of-way (Gun Club Road) to be concurrent with the Final Plat approval of Red Pine Crossing. Aye: 5 Nay: 0 VARIANCES ? EAGAN AUTO MALL City Administrator Hedges introduced this item regarding a request for a variance to allow a detached trash enclosure and a variance of 27 feet to the 50 foot front yard setback, for a detached trash enclosure in the CSC district for the Eagan Auto Mall located at 1379 Town Centre Drive. City Planner Ridley 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 a Variance to allow a detached trash enclosure in the CSC district for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW ¼ of Section 15, subject to the following condition: Aye: 5 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 Eagan City Council Meeting Minutes July 18, 2006 Page 4 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. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 27 feet to the 50 foot front yard setback, for a detached trash enclosure for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW ¼ of Section 15, subject to the following conditions: Aye: 5 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 setback variance only applies to the detached trash enclosure in the location shown on the Site Plan received June 19, 2006. OLD BUSINESS There was no old business. NEW BUSINESS PRELIMINARY SUBDIVISION ? EAGAN HILLS ALLIANCE CHURCH City Administrator Hedges introduced this item regarding a proposed preliminary subdivision to create two lots upon 10.2 acres located at 670 and 700 Diffley Road. City Planner Ridley gave a staff report. Tom Gothman, Business Manager of Eagan Hills Alliance Church, was present to answer questions. Scott Bailey, 4246 Augusta Court, expressed concern regarding the proposed expansion of the church in regard to drainage, lack of fencing or screening after the expansion of the parking lot, exterior lights that shine on his property, junk and vehicle storage, and noise coming from activities in the parking lot. It was the consensus of Council to continue consideration of this item to allow time for the church representatives to work with Mr. Bailey regarding his concerns. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Preliminary Subdivision (Eagan Hills Alliance Church) to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW ¼ of Section 25, to the July 31 Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed legislation that addresses the cities? representation on the Metropolitan Airport Commission. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct the Airport Relations Commission to enter into discussion with the City?s Legislative delegation and the other communities within the 65 dB DNL contour regarding legislation that addresses the cities? representation on the Metropolitan Airport Commission. Aye: 5 Nay: 0 th City Administrator Hedges noted that the City of Eagan was named by CNN Money Magazine as the 12 best place to live in the country. Mayor Geagan recessed the regular City Council meeting to immediately convene a meeting of the Economic Development Authority at 8:20 p.m. Eagan City Council Meeting Minutes July 18, 2006 Page 5 The regular City Council meeting was reconvened at 8:30 p.m. ADMINISTRATIVE AGENDA Motion was made by Carlson, seconded by Fields to schedule a special City Council meeting on August 15, 2006 at 3:45 p.m. to interview Police Chief candidates. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Carlson seconded a motion to adjourn the meeting at 8:35 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.