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10/16/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 16, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, and Bakken. Councilmember Tilley was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on October 16, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields and Bakken. Councilmember Tilley was absent Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges recommended that three items under the administrative agenda be added as items X, Y and Z to the Consent Agenda. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS City Administrator Hedges was recognized for his 35 years of service which was recently acknowledged at the International City Managers Association conference in Pittsburgh. CONSENT AGENDA Item I was pulled for discussion; item N was continued. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 2, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Melissa Lockamn, part time Manager-on-Duty at the Teen Center. 2. It was recommended to accept the letter of resignation from Cathy Grubb, Recreation Supervisor. C. Check Registers. It was recommended to ratify the check registers dated October 4 and October 11, 2007 as presented. D. Tobacco License. It was recommended to approve a Tobacco License for Bassil Dyab to sell tobacco products at 4206 Nicols Road. E. Tobacco License. It was recommended to approve a Tobacco License for Robert Hollen to sell tobacco products at 1960 Cliff Lake Road, Suite 106. F. Grant. It was recommended to accept a $700 grant from Target Corporation to be used to help start a bicycle patrol program for the Police Explorer Program. G. CIP. It was recommended to approve the 2008-2012 Parks and Recreation CIP as presented. H. Grant. It was recommended to authorize the preparation of a Minnesota Sesquicentennial Legacy Grant Application for improvements to the Eagan Art House and Patrick Eagan Park. Pulled for Discussion: I. Findings of Fact, Conclusions and Resolution of Denial of a request for a Variance to allow a detached accessory structure in the front yard at526 Chapel Lane in the NE ¼ of Section 12. J. Item Removed. K. Uniform Signage Plan. It was recommended to approve a Uniform Signage Plan to allow additional signage for a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, Eagan City Council Meeting Minutes October 16, 2007 Page 2 legally described as Lot 1, Block 1, Grand Oak Five, in the NE ¼ of Section 2, subject to the conditions listed in the APC minutes. L. Extension of TIF District. It was recommended to authorize the submittal of a request for special legislation to extend the term of the Cedar Grove Redevelopment TIF District. M. Contamination Investigation and RAP Development Grant. It was recommended to adopt a resolution 07-45 approving the application submittal and 25% local funding commitment match for a Contamination Investigation and RAP Development Grant for environmental cleanup in the Cedar Grove Redevelopment Core Area. CONTINUED N. Acknowledge completion and approve the release of a development contract between the City of Eagan and Wings Financial Federal Credit Union for Wings Addition. O. Contract 07-04. It was recommended to award Contract 07-04 (Boulder Lakes Street & Utility / Lone Oak Road Trunk Water Main Improvements), to S.J. Louis Construction, Inc. for the base bid in the amount of $1,455,561, and authorize the Mayor and City Clerk to execute all related documents. P. Contract 07-06. It was recommended to receive the bids for Contract 07-06 (Lebanon Hills Regional Park / Long Acres ? Storm Sewer Improvements) and award the contract to Minger Construction, Inc. for the Base Bid in the amount of $747,142.75, and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 07-07. It was recommended to award Contract 07-07 (South Dodd Road Utility and Lift Station Improvements), to Geislinger and Sons, Inc., for the base bid in the amount of $236,733, and authorize the Mayor and City Clerk to execute all related documents. R. Consulting Engineering Services. It was recommended to approve the process and authorize the Solicitation of Qualifications (SOQ) for consulting engineering services. S. Contract 06-01. It was recommended to approve Change Order Number 2-4 for Contract 06-01, TH 149 Reconstruction. T. BETC Legal Services. It was recommended to approve Bob Vose of the firm Kennedy & Graven to provide telecommunications legal services for BETC and to direct staff to make all necessary arrangements for the selection to take immediate effect. U. Amendment to Minutes. It was recommended to amend the June 16, 2007 City Council minutes regarding the conditions for the approval of the Preliminary Subdivision Manley Commons. V. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License Renewal for John Sullivan, Cross Train Fitness and Health, 2020 Silver Bell Road. W. Temporary On-Sale 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. X. Premise Permit. It was recommended to adopt a resolution approving a Premise Permit for CLIMB 07-46 Theatre to conduct pull-tab operations at Time-Out Restaurant, 2864 Highway 55. Y. Massage Therapist Establishment License. It was recommended to approve a Massage Therapist Establishment License for Lane Baez (Baez Body Works), 1590 Thomas Center Drive, Suite 110. I. Pulled for Discussion: Findings of Fact, Conclusions and Resolution of Denial of a request for a Variance to allow a detached accessory structure in the front yard at 526 Chapel Lane in the NE ¼ of Section 12. Mayor Maguire provided background information regarding this item which was pulled from the consent agenda. The request for a variance to allow a detached accessory structure in the front yard at 526 Chapel Lane was considered at the October 2Council meeting and after testimony from neighboring property owners who objected to the proposed structure, Council directed findings of fact, conclusions and resolution of denial be brought back to this meeting. The applicant, who was unable to attend the October 2 meeting, discussed the proposed accessory structure, showing pictures of surrounding properties. He also provided signatures from other area residents who are unopposed to the proposed structure. City Planner Ridley gave a brief staff report. Two neighboring property owners spoke in opposition to the variance. Eagan City Council Meeting Minutes October 16, 2007 Page 3 Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt Findings of Fact, Conclusions 07-47 and Resolution of Denial of a request for a variance to allow a detached accessory structure in the front yard at 526 Chapel Lane. Aye: 4 Nay: 0 PRESENTATION OF BUSINESS SURVEY RESULTS Bill Morris of Decision Resources, via video tape, provided an overview of the Business Survey results. PUBLIC HEARINGS PROJECT 918, PILOT KNOB ROAD & LONE OAK ROAD FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll for the street upgrade and intersection reconfiguration for Pilot Knob Road and Lone Oak Road. Public Works Director Colbert gave a staff report. Mayor Maguire 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 Bakken seconded a motion to approve the final assessment roll for Project 918 (Pilot Knob Road / Lone Oak Road ? Street Upgrade and Intersection Reconfiguration, and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 944, KILLDEER ADDITION (JOYCE COURT) STREET OVERLAY IMPROVEMENTS - FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Killdeer Addition. Public Works Director Colbert gave a staff report. Mayor Maguire 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 Bakken seconded a motion to approve the final assessment roll for Project 944 (Killdeer Addition ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 945, SHEFIELD ADDITION (SUDBERRY LANE) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Sheffield Addition. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 945 (Shefield Addition ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS CAMBERWELL DRIVE & OXFORD ROAD STOP SIGN PETITION Eagan City Council Meeting Minutes October 16, 2007 Page 4 City Administrator Hedges introduced this item regarding a petition for the installation of all-way stop signs at the intersection of Camberwell Drive and Oxford Road. Public Works Director Colbert gave a staff report. A brief discussion was held and it was the consensus of Council that the installation of stop signs is not warranted at this time. Mayor Maguire moved, Councilmember Carlson seconded a motion to receive a petition and deny the installation of all-way stop signs at the intersection of Camberwell Drive and Oxford Road. Aye: 3 Nay: 0 Bakken abstained. NEW BUSINESS PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) DG ENTERPRISES City Administrator Hedges introduced this item regarding the preliminary subdivision to create two lots upon approximately 8.4 acres located at 3265 Terminal Drive. City Planner Ridley gave a staff report. Public Works Director Colbert discussed an additional condition pertaining to an ingress /egress easement. After significant discussion relative to the existing utility and access easements that encumber the subject site, Mayor Maguire suggested the item be continued to allow time for the effected parties (DG Welding, the City of Apple Valley, and Blue Cross Blue Shield) to meet with City staff, regarding the easement issue. Mayor Maguire moved, Councilmember Fields seconded a motion to continue consideration of a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition in the SE ¼ of Section 8 until November 5, 2007. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges noted that the Minnesota Legislative Committee hearing on the High Speed Minnesota Bill would be held at City Hall from 4:00 p.m. to 5:30 p.m. on Wednesday, October 17. The regular City Council meeting was recessed at 8:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:45 p.m. ADMINISTRATIVE AGENDA CITY ADMINISTRATOR: METROPOLITAN AIRPORTS COMMISSION LITIGATION / SETTLEMENT City Administrator discussed this item regarding settlement in the City?s litigation versus the Metropolitan Airports Commission along with the cities of Minneapolis, Richfield, and Eagan. The Council adjourned to a closed session at 9:47 p.m. The Council reconvened at 9:55 p.m. Assistant to City Administrator Miller provided an update regarding the proposed settlement agreement. Mayor Maguire moved, Councilmember Bakken seconded a motion to approve the proposed settlement in the City?s litigation versus the Metropolitan Airports Commission. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes October 16, 2007 Page 5 PUBLIC WORKS DIRECTOR: Public Works Director Colbert discussed the need for a variance to the construction activity noise regulations for the Highway 149 project. Councilmember Bakken moved, Councilmember Fields seconded a motion to grant a variance to the construction activity noise regulations, allowing work to continue 24 hours a day, seven days a week until November 30, 2007 for the Highway 149 project. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:15 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.