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11/01/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 1, 2005 A Listening Session was held November 1, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on November 1, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Maguire and Carlson. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that New Business item B regarding a hearing for revocation of a conditional use permit will be continued to the December 5, 2005 City Council meeting. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 18, 2005 regular City Council . meeting and the October 11, 2005 special City Council meeting as presented B. Personnel Items. 1. It was recommended to approve the hiring of Barb Normandin as a part-time guest services- concessions worker at the Community Center. 05-55 2. It was recommended to approve a resolution proposing a veteran for discharge. C. Check Registers. It was recommended to ratify the check registers dated October 20, 2005 and October 27, 2005 as presented. D. 2006-2010 CIP Part II Vehicles and Equipment. It was recommended to approve Part II (Vehicles and 05-56 Equipment) of the 2006 ? 1010 Capital Improvement Program (CIP). E. Grant. It was recommended to adopt a resolution accepting a $1,250 grant from Sam?s Club. F. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. G. RFP. It was recommended to authorize the issuance of Request for Proposals for insurance broker services and authorize the advertisement for bids. H. Qwest Contract. It was recommended to enter into an agreement with QWEST for the ability to transfer 9-1-1 calls to law enforcement jurisdictions outside the metro area. I. Web Streaming Vendor. It was recommended to approve the selection of Web Streaming vendor (Granicus) and authorize entering into contract subject to final negotiations and City Attorney and City Administrator approval. nd J. Halley?s 2 Addition. It was recommended to continue action on the vacation of easements and the final nd plat for Halley?s 2 Addition to the January 3, 2006 City Council meeting. K. Project 917. It was recommended to receive the Final Assessment Roll for Project 917 (Coachman Road ? Street Overlay) and schedule a public hearing to be held on December 5, 2005. L. Qwest Lease Agreements. It was recommended to approve renewal lease agreements with Qwest for 3805 Pilot Knob Road and 1410 Towerview Road and authorize the Mayor and City Clerk to execute all related documents. M. Project 926. It was recommended to receive the Draft Feasibility Report for Project 926 (Saddlehorn/Sunset/Northview Meadows Additions ? Street Improvements) and schedule a public hearing to be held on December 5, 2005. Eagan City Council Meeting Minutes November 1, 2005 Page 2 st N. Project 927. It was recommended to receive the Draft Feasibility Report for Project 927 (Meadowland 1 / Beaver Dam Road / Suncliff Additions ? Street Improvements) and schedule a public hearing to be held on December 5, 2005. O. Development Acceptance. It was recommended to acknowledge the completion of the public streets and utilities and authorize perpetual City maintenance subject to warranty provisions for the following development agreements contracts: ? 01-G (Safari at Eagan 3rd Addition) nd ? 02-R (Greyhawk 2 Addition) st ? 04-B (Terra Glenn 1 Addition) nd ? 04-H (Long Acres 2 Addition) nd ? 04-W (Terra Glenn 2 Addition) P. Contract 03-09. It was recommended to approve a reduction in retainage for Contract 03-09 (Coachman Water Treatment Plant) and authorize the Mayor and City Clerk to execute all related documents. Q. Policy Pertaining to Issuance of Financial Guarantees. It was recommended to refer consideration of a policy pertaining to the issuance of financial guarantees by banks and other financial institutions to the Council Finance Committee. R. Final Planned Development ? It was recommended to approve a Final Planned Development to construct a 46,500 square foot office/warehouse building located at 2975 Lone Oak Drive in the SW ¼ of Section 1. S. Holz Farm. It was recommended that the City of Eagan enter into a contract with U.S. West Research, Inc. in the amount of $6,000 to list Holz Farm on the National Register of Historic Places. T. Radio Service Agreement. It was recommended to enter into an agreement with Ancom Technical Center, Inc. to provide maintenance to the police department?s radio infrastructure. U. Tobacco License. It was recommended to approve a Tobacco License for Michael Madigan, Cedar Grove Liquor, 1983 Silver Bell Road. V. Snow and Ice Control. It was recommended to receive the bids and approve entering into contract agreements with Gallagher?s, Inc. for mainline street and cul-de-sac snow removal services and Bever Landscaping for trail and sidewalk snow removal services for the 2005-2006 winter season and authorize the Mayor and City Clerk to execute all related documents. W. Tobacco License. It was recommended to approve a Massage Therapy Establishment License for Brian Garrity, Twin Cities Therapeutic Massage, 4660 Slater Road. PUBLIC HEARINGS ND PROJECT 911, BERKSHIRE PONDS / SAFARI 2 ? STREET OVERLAY FINAL ASSESSMENT ROLL nd City Administrator Hedges introduced this item regarding the final assessment roll for Berkshire Ponds / Safari 2 Additions street overlay. 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 Fields moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll nd for Project 911 (Berkshire Ponds / Safari 2 Additions ? Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 915, RIDGECLIFFE / COVINGTON LANE / GALAXIE AVENUE STREET OVERLAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Ridgecliffe / Covington Lane / Galaxie Avenue street overlay improvements. 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. Eagan City Council Meeting Minutes November 1, 2005 Page 3 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Final Assessment Roll for Project 915 (Ridgecliffe / Covington Lake / Galaxie Avenue ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the certification of delinquent false alarm bills. He noted that the City currently has six delinquent false alarm bills with the assessable amount of $1,360.00. Mayor Geagan opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley 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 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the certification of delinquent weed cutting bills. He noted that the City currently has two delinquent weed cutting bills with an assessable amount of $418.10. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges discussed this item regarding the certification of delinquent utility bills. He noted that the City currently has approximately 379 utility bill accounts with delinquent payments in the amount of $61,890.09. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS RECEIVE BIDS AND AWARD SALE OF $5,160,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005A; $3,840,000 GENERAL OBLIGATION REFUNDING WATER REVENUE BONDS, SERIES 2005B; AND $1,550,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2005C; AND ENGAGE SPRINGSTED, INC. TO PERFORM CONTINUING DISCLOSURE REPORTING AND ARBITRAGE REBATE CALCULATION REQUIREMENTS FOR SUCH BONDS City Administrator Hedges introduced this item regarding the award sale of General Obligation Bonds. Bruce Kimmel, Springsted, made a presentation regarding the bids and recommended action. He also discussed the City?s credit rating. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the resolutions awarding the 05-57 sale of $5,160,000 General Obligation Refunding Bonds, Series 2005A; $3,840,000 General Obligation Refunding 05-58 05-59 Eagan City Council Meeting Minutes November 1, 2005 Page 4 Water Revenue Bonds, Series 2005B; and $1,550,000 General Obligation Improvement Refunding Bonds, Series 2005C. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the above bonds. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (ESMERALDA ADDITION) ? CHARLES HANF City Administrator Hedges introduced this item regarding a preliminary subdivision of .62 acres to create two single family lots and a variance to lot width for property located at Lot 1, Block 1, Pilot Knob Heights Fourth Addition. City Planner Ridley gave a staff report, noting that this item was continued from the September 20, 2005 City Council meeting to allow the applicant time to meet with the neighboring property owners. Charles Hanf discussed the meetings that had been held with the neighbors and the proposed changes to his plans. He also noted several additional conditions that he would be willing to meet to accommodate the wishes of his neighbors. Eight neighboring residents spoke in opposition to the proposed subdivision, expressing concerns regarding a decrease in property values, obstruction of their view, and loss of trees. The Council held a discussion and it was the general consensus that Mr. Hanf has the right to subdivide his property and build a new home. The proposed conservation easement was discussed and it was decided that a berm is not necessary. Councilmember Carlson noted that she would be voting against the subdivision due to the request for a lot width variance. Council also agreed to include the conditions offered by Mr. Hanf as part of the conditions of approval. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Esmeralda Addition) of .62 acres to create two single family lots and a Variance to lot width for property located at Lot 1, Block 1, Pilot Knob Heights Fourth in the SW ¼ of Section 1, subject to the following conditions: Aye: 4 Nay: 1 (Carlson opposed) 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 4, C!, D1, E1. 2. The property shall be platted. 3. The subdivision is subject to the Shoreland Overlay District of Fish Lake limiting impervious surface to 25% per lot. 4. A cash dedication in lieu of on-site water quality ponding is required for this development. 5. Cash park and trail dedication for Lot 1 is required. 6. This development shall dedicate drainage and utility easements to an elevation three feet above the calculated 100-year storm event elevation of Pond JP-47 (to elevation 855.5). 7. This development shall be consistent with the plan received October 21, 2005 (page 138 of the 11/1/05 Council packet). 8. The footprint of the house and garage structures combined shall not exceed 1500 square feet. 9. The house shall be limited to one-story construction with a full basement. 10. The width of the driveway shall not exceed 10 feet except at the garage apron and turn-around area. 11. A conservation easement shall be established along the north and east property lines as depicted on the plan received October 21, 2005 (page 138 of the 11/1/05 Council packet). 12. The location of the house and garage will be in accordance with the plan received October 21, 2005 (page 138 of the 11/1/05 Council packet). 13. The developer shall hire Kunde Co., 2489 Rice Street, Roseville, MN 55113 to take the following measures to preserve the health of the silver maple (#18 on the plat) including but not limited to: placing tree Eagan City Council Meeting Minutes November 1, 2005 Page 5 protection fencing between the tree and the work area, spreading a thick woodchip layer to mitigate soil compaction, pre-pruning any overhanging limbs and hand pruning and sealing any exposed roots during excavation. SIGN ORDINANCE APPEAL ? IDENTIGRAPHICS City Administrator Hedges introduced this item regarding a request for LED canopy signage. He noted that the item was before the Council on September 20, 2005 at which time the Council directed the City Attorney to research whether LED canopy signage could be restricted. Councilmember Fields moved, Councilmember Carlson seconded a motion to direct consideration of canopy signage to the December 12, 2005 City Council workshop. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT ? ATTRACTA SIGN City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow two monument signs for one building at 2955 Lone Oak Drive. City Planner Ridley gave a staff report. A brief discussion was held. Councilmember Maguire moved, Councilmember Tilley seconded a motion direct preparation of findings of fact for denial of a Planned Development Amendment to allow two monument signs for one building at 2955 Lone Oak th Drive, legally described as Lot 1, Block 1, Blue Ridge 6 Addition located in the SW ¼ of Section 1. Aye: 5 Nay: 0 Councilmember Magire stated the reasons for the findings of fact for denial are as stated in the draft Advisory Planning Commission minutes dated October 25, 2005 HEARING ? CONDITIONAL USE PERMIT REVOCATION MAGNUM TOWING This item regarding the revocation of the Conditional Use Permit at 4871 Biscayne Avenue was continued to the December 5, 2005 meeting. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE No update to report. NEW RUNWAY / AIRPORT UPDATE It was noted that the new runway has been opened and staff is receiving a number of noise complaint calls from citizens. It was also noted that the New Runway / Airport Update portion of the regular Council agenda will no longer be on the agenda. There will be periodic updates provided to Council in regard to citizen concerns. ADMINISTRATIVE AGENDA City Administrator Hedges stated that there will be an Executive Session after the regular meeting to discuss the pending Wensmann litigation and the pending Charter Commission litigation. The City Council meeting was recessed 8:25 p.m. to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:50 p.m. Eagan City Council Meeting Minutes November 1, 2005 Page 6 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council at 8:50 p.m. Aye: 5 Nay: 0 _____________________________ ___________________________________ 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.