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11/07/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 7, 2002 A regular meeting of the Eagan City Council was held on Tuesday, November 7, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA It was noted that item (GG) was being added to the consent agenda. Councilmember Tilly moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS EAGAN LIONESS BRICK PRESENTATION Members of the Eagan Lioness Club recognized Ella Englert, Hilda Rahn, and the Joe Kennealy Fan Company with a special brick honoring their longevity as residents of the community. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the October 15, 2002 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Colleen Mathiason and Cyndi Huonder as part- time seasonal preschool program instructors. 2. It was recommended to authorize the position of Rental Coordinator/Community Center and advertisement of the position. 3. It was recommended to authorize the position of Fitness Coordinator/Community Center nd advertisement of the position. 4. It was recommended to approve the appointment of Dave DiIoia as a Day Battalion Chief for the Eagan Volunteer Fire Department. 5. It was recommended to approve the recommendation of the City?s Health Insurance Committee and the City Council Personnel Committee that the current dual choice option (Medica and Health Partners) using the blended rate approach be continued for 2003 with the addition of a Mid Plan option to be available along with the High Plan option. C. Check Registers. It was recommended to ratify the check registers dated October 17, 2002, October 24, 2002 and October 31, 2002 as presented. D. Trash Hauler License Renewals. It was recommended to approve 2003 Trash Hauler License renewals for All-Star Disposal, Schill?s Dumpster Service, Randy?s Sanitation, The Buckingham Companies and New Earth Services. E. New Trash Hauler License. It was recommended to approve 2003 new Trash Hauler License for Schill?s Dumpster Service. F. Tobacco License Renewals. It was recommended to approve 2003 License renewals for: Oasis Market #5685; Rainbow Foods; Walgreens #2766; Tobacco Outlet; Tom Thumb; Eagan Citgo; Food ?n? Fuel; Walgreens #1773; Walgreens #5081; E&M Liquor; McG?s Inc.; Comer?s Lone Oak Liquors. G. 2003 Commercial Fertilizer License Renewals. It was recommended to approve 2003 Commercial Fertilizer license Renewal for Weedman, 6846 Washington Avenue South, Eden Prairie, MN. H. Decertification of Tax Increment Financing District No. 2. It was recommended to approve a resolution acknowledging the decertification of Tax Increment Financing District No.2 (NW Airlines/Cray Research). Eagan City Council Meeting Minutes November 7, 2002 Page 2 I. Revolving Internal Loan. It was recommended to approve the resolution approving the terms of a revolving internal loan in connection with TIF District No. 2-3 (Highway 55/149 Redevelopment). J. Revolving Internal Loan. It was recommended to approve the resolution approving the terms of a revolving internal loan in connection with TIF District No. 2-4 (Highway 55/149 Redevelopment). K. Revolving Internal Loan. It was recommended to approve a resolution approving the terms of a revolving internal loan in connection with the TIF District No. 1 (Cedar Grove Redevelopment). L. Waiver of Fee. It was recommended to approve the request to waive building permit fee for Dakota Woodlands tent for a one day fund raising event. M. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. N. Final Subdivision (Eagan Preserve) ? Duke Construction. It was recommended to approve a Final Subdivision to create two lots and two outlots on approximately 21 acres of land located north of Yankee Doodle Road at Federal Drive in the S ½ of Section 9. O. Termination of Agreement. It was recommended to approve the termination of the Well Field Development Agreement as it pertains to the Eagan Preserve Development and authorize the Mayor and City Clerk to execute all related documents. P. Final Plat. It was recommended to approve a Final Plat (Neisius Addition) to create one single family lot combining Outlot B and C of Dodd View Addition, located at the corner of Red Pine Lane and Highway 3. Q. Project 883. It was recommended to receive the petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 883 (Beecher Drive ? Street Lighting Improvements). R. Project 764R. It was recommended to receive the updated Draft Feasibility Report for Project 764R (Selmark/Harvey/Burrview Acres Additions ? Street Improvements) and schedule a public hearing to be held on December 2, 2002. S. Project 851. It was recommended to receive the draft feasibility report for Project 851 (Town Centre ? Street and Traffic Management Improvements) and schedule a public hearing to be held on December 2, 2002. T. Project 875. It was recommended to receive the Draft Feasibility Report for Project 875 (Lexington Place/Lexington Place South Additions ? Street Improvements) and schedule a public hearing to be held on December 2, 2002. U. Project 876. It was recommended to receive the Draft Feasibility Report for Project 876 (Drexel Heights Addition ? Street Improvements) and schedule a public hearing to be held on December 2, 2002. V. Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue ? Divided Four-Lane Upgrade) with the owner of Parcel 10-22516-010-01 (Skyline Displays) and authorize the Mayor and City Clerk to execute all related documents. W. Contract 02-18. It was recommended to approve Contract 02-18, City Wide Sanitary Sewer Lining and Reconstruction), award the contract to Insituform Technologies USA, Inc., for the base bid in the amount of $105,600.00 an authorize the Mayor and City Clerk to execute all related documents. X. Contract 02-04. It was recommended to approve the final payment for Contract 02-04 (2002 Citywide Trail Improvements) in the amount of $6,792.46 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Y. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on December 2, 2002. Z. AUAR. It was recommended to approve a resolution adopting the Final Alternative Urban Areawide Review (AUAR) and Mitigation Plan for the Cedar Grove Redevelopment Area. AA. Project 99-U. It was recommended to acknowledge the completion of Contract 99-U (Majestic nd Oaks 2 Addition ? Street and utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. BB. Special City Council Workshop. It was recommended to schedule a special City Council workshop for November 26, 2002 at 5:30 pm. CC. Liquor License. It was recommended to approve a change in officers on liquor license at Silver Bell Liquor, Inc. located at 1983 Silver Bell Road. Eagan City Council Meeting Minutes November 7, 2002 Page 3 DD. Minnesota Manufacturing and Technology Week. It was recommended to authorize an unbudgeted expenditure in the amount of $114.98 for Minnesota Manufacturing and Technology Week. EE. Tree Contractor License Renewal. It was recommended to approve a 2003 Tree Contractor License renewal for Huston?s Tree Service, 14847 Haven Drive, Apple. FF. Project 790R. It was recommended to approve an assessment agreement for Project 790R (Central Parkway, Streets and Utilities) with the owners of the Perron Farm property (Parcel 10-00900- 010-79) and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the final assessment roll for delinquent false alarm bills. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Ayes: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the final assessment roll for delinquent weed cutting bills, stating currently there is one delinquent bill in the amount of $221.66. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley 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 BOARD UP SERVICE BILLS City Administrator Hedges discussed this item regarding the final assessment roll for delinquent board up bills, stating currently there is one delinquent bill in the amount of $1,221.80. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent board up service bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding delinquent utilities accounts, stating the City currently has approximately 317 utility bill accounts with delinquent payments in the amount of $54,631.42. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 7, 2002 Page 4 VARIANCES ? CITY OF EAGAN City Administrator Hedges introduced this item regarding parking setback variances for property along Lexington Avenue between Golfview Drive and Yankee Doodle Road. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a parking setback variance for property along Lexington Avenue between Golfview Drive and Yankee Doodle Road: Lot, 1, Block 1, nd Stuart?s 2 Addition ? 0 to 6 foot parking setback variance. (PID 10-72851-010-01 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 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. STRD PROJECT 854, PARKCLIFF 1 ? 3 ADDITIONS STREET OVERLAY PARCEL 10-56702-030-01 FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Parcel ID No. 10- 56702-030-01. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Mayor Awada seconded a motion to approve the final assessment roll for rd Parcel ID No. 10-56702-030-01 (Lot 3, Block 1 Parkcliff 3 Addition, 4640 Parkcliff Drive) for Project 854 strd (Parkcliff 1 ? 3 Additions ? Street Overlay), and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? MC GRESSER City Administrator Hedges introduced this item regarding a request for a conditional use permit for outdoor storage of non business related items at 2905 Lexington Avenue. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage of non business related items at 2905 Lexington Avenue; subject to the following conditions: Aye: 5 Nay: 0 1. The outdoor storage area for non-business related items shall be located as shown on the revised plans dated September 25, 2002. 2. The seven-foot electric gate shall be installed prior to any storage in the designated area. 3. The outdoor storage area is subject to all other City Codes applicable to outdoor storage. 4. Total number of items to be stored shall not exceed thirty (30). 5. Items to be stored include only construction equipment and recreational vehicles. REZONING ? CITY OF EAGAN Eagan City Council Meeting Minutes November 7, 2002 Page 5 City Administrator Hedges introduced this item regarding a request for rezoning of approximately 12 acres of unplatted land from Agriculture to Neighborhood Business. Senior Planner Ridley gave a staff report. Six residents expressed their concerns regarding the impact on the pond; what type of business could be constructed on the subject property; changes in elevation; road access to the property; light and noise pollution. Council and staff discussed the types of businesses that would be allowed in a ?Neighborhood Business? zoning district and what businesses would require a conditional use permit. Discussion was also held regarding a conservation easement that would protect the pond. The City Attorney discussed the possibility of attaching covenants to the property at the time of sale. Council directed the City Attorney to draft the covenants for review at the next Council meeting. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the rezoning of approximately 12 acres of unplatted land (Tax PIN 10-02400-014-75) from Agriculture to Neighborhood Business. Aye: 5 Nay: 0 The Mayor called a recess at 7:55 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 7:58 p.m., concluded the cable broadcast portion and introduced ?Visitors to be Heard?. There being no public comment, the Council meeting was adjourned at 8:00 p.m. The Council then retired into a Closed Session to consider pending litigation. ADJOURNMENT VISITORS TO BE HEARD There were no visitors who wished to be heard. _____________________________ ___________________________________ Date 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) 681-4600, (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.