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03/15/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 15, 2005 A Listening Session was held March 15, 2005 at 6:00 prior to the regular City Council meeting. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on March 15, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, and Maguire. Councilmember Tilley was absent due to a death in her family. 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 Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the March 1, 2005 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Nicole Cook as a Code Enforcement Tech in the Community Development Department. 2. It was recommended to approve the hiring of Amber Geske and Kathy Keller as part-time seasonal pre-school instructors. 3. It was recommended to approve the hiring of Danny Glassic as a part-time fitness attendant at the Community Center. 4. It was recommended to approve the Collective Bargaining Agreement between the City of Eagan and the Law Enforcement Labor Services, Inc., Local No. 170 ? Police Officers (LELS) for 2004 and 2005. C. Check Registers. It was recommended to ratify the check registers dated March 3, 2005 and March 10, 2005 as presented. D. Issuance of Refunding Bonds. It was recommended to approve the resolution acknowledging issuance of refunding bonds by the Dakota County Community Development Agency ? refunding Eagan General Obligation, Eagan Senior Housing Facility, Series 1997 bonds. E. Contract 05-01. It was recommended to award Contract 05-01 (Windcrest / Walden Heights / Thomas Lake Heights / St. Francis Woods Additions ? Street Improvements), to Northwest Asphalt, Inc., for the base bid in the amount of $767,144, and authorize the Mayor and City Clerk to execute all related documents. F. Contract 05-02. It was recommended to award Contract 05-02 (Ridgecliffe / Berkshire Ponds / Cinnamon Ridge Additions / Coachman Road ? Street Improvements), to McNamara Contracting, Inc., for the base bid only in the amount of $812,786, and authorize the Mayor and City Clerk to execute all related documents. G. Final Subdivision (Awad Addition). It was recommended to approve a Final Subdivision (Awad Addition) of 2.9 acres to create 2 single family lots for property located at 2150 James Street, in the SW ¼ of Section 31. H. Grant Application. It was recommended to approve submission of a DNR grant application to enhance Thresher Fields, and authorize the Mayor?s signature to sign the Local Government Resolution and the Letter of Commitment required as part of the application. I. Previously pulled due to incomplete information. J. Amendments to Telecommunications Lease Agreements. It was recommended to approve the Amendments to telecommunication lease agreements with Verizon Wireless, Inc., for the Safari, Southern Lakes, Diffley, Deerwood, and Yankee Doodle Reservoirs and authorize the Mayor and City Clerk to execute all related documents, subject to final payment of all processing fees. Eagan City Council Meeting Minutes March 15, 2005 Page 2 K. Project 800R. It was recommended to receive the Final Assessment Role for Project 800R (Cedar Grove Access Modifications) and schedule a Public Hearing for April 19, 2005. L. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial of a request for a Planned Development Amendment to change the building materials and alter the architectural features of the office condos at Birchwood Office Park located west of I-35E north of Yankee Doodle Road and East of Marice Drive, in the SW ¼ of Section 10. M. Renewal of Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. N. Renewal of Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. O. Tree Contractor License. It was recommended to approve the tree contractor license for Tree Tech, Inc., 13849 Euclid Court, Apple Valley. P. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Eagan Foundation. Q. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. R. Contract 05-06. It was recommended to approve the plans and specifications for Contract 05-06 (I-35E Crossing / Pearlmont Heights/ Quarry Park ? Trunk Water Main Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 14, 2005. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the consent agenda as presented. Aye: 4 Nay:0 PUBLIC HEARINGS VARIANCE ? RICHARD RINGOLD City Administrator Hedges introduced this item regarding a request for a four foot Variance to the 50 foot building setback from the Ordinary High Water Level of Thomas Lake for property located at 1477 Lake Park Circle. 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 Carlson moved, Councilmember Maguire seconded a motion to approve a four foot Variance to the 50 foot building setback from the Ordinary High Water Level of Thomas Lake for property located at 1477 Lake Park Circle in the SE ¼ of Section 28, 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 improvements of the porch shall not encroach more than four feet on the Ordinary High Water Level of Thomas Lake (as indicated on the site plan). CAPONI PROPERTY ACQUISITION City Administrator Hedges noted that the closing on the Caponi property had occurred today. NEW RUNWAY / AIRPORT UPDATE Eagan City Council Meeting Minutes March 15, 2005 Page 3 Assistant to the City Administrator Miller provided an update on the runway / airport issue and discussed correspondence to the Eagan Congressional Delegation to support correspondence from Congressman Sabo with regard to the MAC Part 150 submittal. Councilmember Fields moved, Mayor Geagan seconded a motion to approve correspondence to the Eagan Congressional Delegation to support correspondence from Congressman Sabo with regard to the MAC Part 150 submittal as well as a letter from the City Council to Marion Blakley, FAA Administrator, and Norman Mineta, Secretary of Transportation. Aye: 4 Nay: 0 It was the consensus of the Council to proceed with a Request for Proposal for a baseline monitoring system. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed a meeting with members of the Legislature that he and Mayor Geagan attended regarding the Salary Cap Repeal (HF 0995) and the ?Turbo Charged? Truth in Taxation (SF 1455) issues that are currently under consideration. ADMINISTRATIVE AGENDA REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts. Councilmember Fields moved, Councilmember Maguire seconded a motion to recess the regular City Council meeting and immediately convene a meeting of the Economic Development Commission at 6:50 p.m. The regular City Council meeting was reconvened at 6:55 p.m. Councilmember Fields moved, Councilmember Maguire seconded a motion to recess the regular City Council meeting at 7:00 for an Executive Session. The regular City Council meeting was reconvened at 8:55 p.m. Councilmember Fields moved, Councilmember Maguire seconded a motion to participate in litigation with the City of Minneapolis to enforce the Part 150 Program. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Carlson seconded a motion to adjourn the regular City Council meeting at 9:00 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.