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06/21/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 21, 2005 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Jim Roseblum, one of three owners of Cedar Bluff Townhomes represented at the meeting, addressed the City Council about the need for improvements to the housing units at Cedar Bluff. He informed the Council that is seeking to have the homes designated as a Housing Improvement Area (HIA) through the State of Minnesota. Mr. Roseblum noted that under the HIA program, the City would provide a loan to the owners of Cedar Bluffs Townhomes to make improvements to the units. The loan would then be assessed back to the association, according to Mr. Roseblum. The City Council directed staff to work with Mr. Roseblum and his fellow owners, as well as contact the Community Development Agency, to further explore the options available to Cedar Bluff Townhomes to improve their housing units and property. A regular meeting of the Eagan City Council was held on June 21, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmember Fields, Councilmember Tilley, Councilmember Carlson and Councilmember Maguire. Also present were City Administrator Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. AGENDA City Administrator Hedges stated that item F on the Consent Agenda will be pulled from the agenda and continued to the July 5, 2005 Council meeting and that item D on Old Business will to be continued to the November 15 Council meeting per the request of the applicant, Paster Enterprises. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as modified. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Fields asked to pull Item C for a separate vote. A. Minutes. It was recommended to approve the minutes of the June 7, 2005 regular City Council meeting, the May 31, 2005 special City Council meeting, and the May 24, 2005 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Matthew Steele and Andrew Paul as seasonal parks maintenance workers. 2. It was recommended to approve the hiring of Lindsey Taylor as a seasonal landscape crew worker. 3. It was recommended to approve the hiring of Michael Graves and Mark Gradient as seasonal utilities maintenance workers. 4. It was recommended to approve the hiring of Mary Schlender and James Snodgrass as part-time seasonal recreation assistants (emcee & special events). 5. It was recommended to approve the hiring of Mandy Wineberg as a part-time seasonal program assistant (tennis program). 6. It was recommended to approve the hiring of Michelle Collette, Chris Donahue, Peter Fredricksen, Sarah Hartman, Derek Hoffman, Samantha Freund, Kevin Hu and Iosif Sorokin as part-time seasonal tennis instructors. C. (Pulled for discussion) Check Registers. It was recommended to ratify the check registers dated June 9, 2005 and June 16, 2005 as presented. Eagan City Council Meeting Minutes June 21, 2005 Page 2 Councilmember Carlson moved, Councilmember Tilley seconded a motion to ratify the check registers dated June 9, 2005 and June 16, 2005. Aye: 4 Nay: 0 Abstain: 1 (Fields) D. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance Contractor Licenses for A+ Tree Service and Prime Cut Tree Service. E. Conduct Excluded Bingo. It was recommended to approve an application to Conduct Excluded Bingo for the Eagan Foundation. F. (Pulled for continuance) Final Plan Development and Final Subdivision. It was recommended to continue the Final Planned Development and Final Subdivision? Homestead Village?Manley Land Development ? A Final Planned Development of 7.30 acres to create nine (9) twin homes and a Final Subdivision of 7.30 acres to create 18 lots and th one outlot in the SE ¼ of Section 36 to the July 5 Council meeting. G. Preparation of Ordinance Amendment. It was recommended to direct Preparation of an Ordinance Amendment regarding bond requirements for wetland appeals. H. 897 Hyland Court. It was recommended to approve a no-loss decision, or no negative impact, to a wetland area at 897 Hyland Court. I. Amendment. It was recommended to approve amendment to the April 19, 2005 City Council minutes. J. Contract 04-07. It was recommended to approve Change Order No. 3 for Contract 04-07 (Lexington Ridge?Street Improvements). Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye:4 Nay:0 (Fields abstaining) PUBLIC HEARINGS PROJECT 813, FINAL ASSESSMENT HEARING, CENTRAL PARKWAY (STREETSCAPING) City Administrator Hedges introduced this item regarding the final assessment of Project 813 providing streetscaping on Central Parkway. Director Colbert provided information on the location of the project. He also provided information on which property owners will be assessed to support Project 813. All potentially affected property owners have been notified by legal publication. Lockheed Martin is the only property owner to object to these assessments. Kevin Darrenkamp spoke on behalf of Lockheed Martin renewing an objection based on a formerly negotiated agreement on December 27,2001 in which no costs were to be assessed to Lockheed Martin related to Central Parkway. City Attorney Mike Dougherty discussed the agreement entered into with Lockheed Martin at the end of 2001 and subsequent discussions. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll of Project 813 (Central Parkway streetscaping improvements) for the Argosy and Duke assessments and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion for continuance of the final assessment roll with Lockheed Martin until July 19, 2005. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 21, 2005 Page 3 OLD BUSINESS ORDINANCE AMENDMENT?CITY OF EAGAN?CONSIDER APPROVAL OF ORDINANCE AMENDMENTS TO EAGAN CITY CODE, CHAPTER 10.10 REGARDING DANGEROUS WEAPONS AND ARTICLES AND EAGAN CITY CODE, CHAPTER 10.13 REGARDING TRAPPING REGULATIONS City Administrator Hedges introduced this item regarding a request from the Police Department to work with the City Attorney?s office to draft an ordinance addressing coyote control measures. Chief Therkelsen presented the staff report and answered questions. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve ordinance amendments to Eagan City Code 10.10 regarding dangerous weapons and articles and Eagan City Code 10.13 regarding trapping regulations. Aye: 3 Nay: 2 (Fields and Maguire opposed). PARTICIPATION IN INDEPENDENT SCHOOL DISTRICT 196 FIBER PROJECT City Administrator Hedges introduced this item regarding participation in a joint project with ISD 196 for fiber technology installation. Communications Director Garrison provided comments and additional introduction of members of the Tech Task Force. Rick King, Chief Technology Officer of Thomson West, spoke in favor of the City being proactive in its approach to providing technology for its community through the installation of fiber and additional conduit. He is confident that this is a wise and farsighted perspective by the Council. Jody Mikasen, Telecommunications Commission Member, spoke in support of this issue to extend connectivity in Eagan. She believes this is a great, economical step to take to prepare for the future. The City Council directed staff to keep the Council posted on a preliminary business plan and discussions with the Technology Task Force. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a resolution authorizing participation in the Independent School District 196 fiber project. Aye: 5 Nay: 0 ORDINANCE AMENDMENT?CITY OF EAGAN?AN AMENDMENT TO CHAPTER 11, SECTION 11.70, SUBDIVISION 28, PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS RELATIVE TO TEMPORARY AND WINDOW SIGNAGE. City Administrator Hedges introduced this item regarding an ordinance amendment in regard to temporary signs and window signs. City Planner Ridley provided a staff report. A brief discussion was held. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve an ordinance amendment to modify Chapter 11, Section 11.70 Subd 28 Placement, Erection and Maintenance of Signs by modifying regulations for temporary signage and adding regulations regarding window signage and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 21, 2005 Page 4 COMPREHENSIVE GUIDE PLAN AMENDMENT?PASTER ENTERPRISES, LLC?A COMPREHENSIVE GUIDE PLAN AMENDMENT OF APPROXIMATELY 24 ACRES FROM SPECIAL AREA-OFFICE/SERVICE TO SPECIAL AREA-COMMERCIAL RETAIL LOCATED IN THE SE ¼ OF SECTION 9. City Administrator Hedges introduced the item providing a letter from Paster Enterprises asking for a continuance until November 15, 2005. Allowing the continuance will provide a more comprehensive approach to the entire development, of which a portion is being currently presented. City Planner Ridley expanded on the reasoning for the continuance. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue to the November 15, 2005 City Council meeting consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area-Office/Service, to Special Area-Retail Commercial, upon approximately 24 acres located north of located of Yankee Doodle Road and west of Central Parkway in the SE ¼ of Section 9. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION?TAN ME INDUSTRIAL?A PRELIMINARY SUBDIVISION OF 2.6 ACRES PARCEL INTO TWO (2) LOTS FOR EXISTING BUILDING AND FUTURE DEVELOPMENT LOCATED AT LOT 2, BLOCK 1, TAN ME INDUSTRIAL PARK IN THE SE ¼ OF SECTION 9. City Administrator Hedges introduced this item regarding a preliminary subdivision. City Planner Ridley presented a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two lots on 2.6 acres, and a Variance to create a lot without public street frontage, located at 3275 Sun Drive, legally described as Lot 2, Block 1, Tan Me Industrial Park in the SE ¼ of Section 8, subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by council on February 2, 1993: A1, B1, C1 and E1. 2. The property shall be platted. 3. The developer shall provide evidence of private ingress/egress easement for Lot 2, in a form acceptable to the City Attorney, prior to final subdivision approval. 4. A cash dedication in lieu of on-site water quality ponding shall be required for this development. The dedication is payable at the time of final subdivision, prior to release of the final plat for recording. 5. A Tree Inventory, Preservation and Mitigation Plan shall be required at the time of building permit application for Lot 2. ENCROACHMENT AGREEMENT?FINCH PLACE?DAN MARKES City Administrator Hedges introduced this item regarding expanding a backyard into a conservation easement. City Planner Ridley provided additional information as well as the recommendation from the APrC meeting on June 20, 2005 to deny the request in order to preserve the conservation easement as it was originally established. In addition the APrC directed their staff to determine when the builder is going to restore the buffer area and to also determine if any other party has contributed to the destruction of the conservation easement. Further, they were directed to determine which party is the responsible party for restoring the conservation area. Eagan City Council Meeting Minutes June 21, 2005 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to deny an encroachment within a conservation easement area for 4802 Red Pine Court (Lot 16, Block 1, Finch Place) in the NE ¼ of Section 36. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Central Park Playground City Administrator Hedges introduced this item regarding Central Park Playground location, cost and features. Mesko presented a map clarifying the seven potential locations of the playground that were staked on site. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct staff to proceed with the installation of a playground at Central Park. Aye: 3 Nay: 2 (Carlson, Fields) Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct staff to locate a playground at Central Park at Site 3 per previous memos. Aye: 5 Nay: 0 Change Order #1 ? Contract 04-05 Public Works Director Colbert spoke about an extension of Contract 04-05, Well #20, from June 1 to August 1, 2005. Councilmember Fields moved Councilmember Tilley seconded a motion to approve Change Order #1 to Contract 04-05 (Well #20, Pumping Equipment) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Community Development Director Hohenstein provided an update on Cedar Grove Redevelopment, Northeast Eagan, and Southeast Eagan. NEW RUNWAY/AIRPORT UPDATE City Administrator Hedges presented an update on the noise data collection provided by Wyle Laboratories. The regular City Council meeting was recessed at 8:00 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:05 p.m. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:10 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 21, 2005 Page 6 ___________________________ _______________________________________ 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.