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08/17/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 17,2004 A regular meeting of the Eagan City Council was held on Monday, August 17, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. 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 McGarvey. AGENDA City Administrator Hedges noted that two items (GG and HH) were being added under the Consent Agenda and Item J of the Consent Agenda will be removed. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan introduced Mrs. Minnesota International and Miss Teen Minnesota International 2005. CONSENT AGENDA Items J was removed from the Consent Agenda and item GG was pulled for discussion. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 2,2004 regular City Council meeting as presented. B. Personnel Items. I. It was recommended to accept the resignation of Parks and Recreation Department Research and Special Projects employee Beth Wielde. 2. It was recommended to approve the hiring of Beth Wielde for the position of Temporary Part- Time Research and Special Projects employee in the Parks and Recreation Department. 3. It was recommended to approve the promotion of Roger New to Police Sergeant. 4. It was recommended to authorize the issuance ofRFP's for Medical and Dental Benefits. C. Check Registers. It was recommended to ratifY the check registers dated August 5, 2004 and August 12, 2004 as presented. D. Proclamation. It was recommended to approve a Proclamation Naming August 19,2004 as BECT Volunteer Appreciation Day. E. Resignation. It was recommended to accept the resignation of Airport Relations Commission member Mike Schlax. F. Election Judges. It was recommended to approve the list of judges for the September 14,2004 Primary Election. G. 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. H. Waste Hauler Contract. It was recommended to approve a waste hauler contract with BFI Waste Systems for a period of five years, ending on August 31, 2009. I. Advertisement ofRFP. It was recommended to authorize advertisement of Request for Proposal for Park, Recreation, and Open Space Vision Planning Services. J. Contract 04-04. Removed. K. BECT Access Rules. It was recommended to adopt the revised BECT Access Rules minus Section 5.10 regarding political programming. Eagan City Council Meeting Minutes August 17, 2004 Page 2 L. Project No. 03-H. It was recommended to approve the extension of the development contract for Kennerick 2nd Addition (City Project No. 03-H) and authorize the Mayor and Deputy City Clerk to execute all related documents. M. Project 03-A. It was recommended to acknowledge the completion of Contract 03-A (Centennial Ridge Addition - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. N. Project 03-J. It was recommended to acknowledge the completion of Contract 03-J (Sienna Woods Addition - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. O. Project 03-K. It was recommended to acknowledge the completion of Contract 03-K (Piney Woods Addition - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. P. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot 4, Block 5, Pines Edge I sl Addition (539 White Pine Way) and schedule a public hearing to be held on September 21, 2004. Q. Project 893. It was recommended to receive the Final Assessment Roll for Project 893 (Diffley Frontage Roads - Street Overlay) and schedule a public hearing to be held on September 21, 2004. R. Proiect 895. It was recommended to receive the Final Assessment Roll for Project 895 (Lake Park Shores / Tomas Lake Additions - Street Overlay) and schedule a public hearing to be held on September 21, 2004. S. Project 896. It was recommended to receive the Final Assessment Roll for Project 896 (Lakeside Estates - Street Resurfacing) and schedule a public hearing to be held on September 21, 2004. T. Project 897. It was recommended to receive the Final Assessment Roll for Project 897 (Wilderness Park 2nd and 3rd Additions - Street Resurfacing) and schedule a public hearing to be held on September 21,2004. U. Final Subdivision. It was recommended to approve a Final Subdivision of6.3 acres to create 15 single 04-58 family lots (Woodland Place Addition) on property located at 630 and 660 Cliff Road in the NW 1f4 of Section 36. V. Consultant Contracts. It was recommended to authorize negotiation of consultant contracts with Ehlers and Associates, Hoisington-Koegler Group and SRF to perform aspects of the Northeast Eagan Land Use Study. W. Advertisement for Bids. It was recommended to authorize advertisement for bids for two fire apparatus replacements (fire pumper / pumper tanker trucks) and approve the Equipment Revolving Fund - Fund Balance as the funding source. X. Contract 03-09. It was recommended to approve an Easement Encroachment Agreement with the Northern Natural Gas Company for Contract 03-09 (North Water Treatment Plant - Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. Y. Contract 03-09. Change Order #6. It was recommended to approve Change Order #6 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. Z. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial 04-59 of a request for a Comprehensive Guide Plan Amendment to change the land use designation from P, Parks and Recreational Open Space, to LD, Lower Density Residential, upon approximately 120 acres ofland located south of Yankee Doodle Road and west of Wescott Woodlands in the W Y2 of Section 14. AA. Charter Commission Ballot Ouestion. It was recommended to approve the title, "Decision on Whether to Change Eagan's Form of Government" for the ballot question on the proposed Charter. BB. License Agreement. It was recommended to approve a Land Usage License Agreement with Zielgler, Inc. of Bloomington, MN, and authorize the Mayor and City Clerk to execute all related documents. CC. Lawful Gambling Permit. It was recommended to adopt a Resolution Approving a lawful Gambling Permil 04-60 for Faithful Shepherd Catholic School to hold a raffle at 3355 Columbia Drive on September 25, 2004. DD.Proclamation / Resolution Policy. It was recommended to approve the City of Eagan Proclamation / 04-61 Resolution Policy. EE. RFP for Consulting Services. It was recommended to authorize the solicitation of request for proposals for consulting services to conduct an internal organizational study. FF. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement between the Dakota County Library Board and the City of Eagan for Library access to the Institutional Network. GG. Designation of Ryland-Shafer/Richardson Partnership PULLED FOR DISCUSSION Eagan City Council Meeting Minutes August 17, 2004 Page 3 HH. Selection of New Polling Place. It was recommended to authorize staff to select a new polling place for Precinct 5 for the 2004 Primary and General Elections and authorize notice to the registered voters. GG.Designation of Ryland-Shafer/Richardson Partnership as the Master Developer for the Cedar Grove Redevelopment District". Patty Kurd representing MICA discussed the need for more affordable housing and requested the City consider including affordable housing in the Cedar Grove Redevelopment District. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the designation of Ryland-ShaferlRichardson partnership as the Master Developer for the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - WAYNE ANDERSON City Administrator Hedges introduced this item regarding a request for a Variance to allow a 2-foot encroachment into the required 30-foot setback from a public right-of-way at 3150 Farnum Drive, Unit A. 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 City Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to allow a 2-foot encroachment into the required 30-foot setback from a public right-of-way for Lot 3, Block 5, Coachman Land Co. 2nd Addition (3150 Farnum Dr., Unit A). Aye: 5 Nay: 0 VARIANCE - DEBRA NEWMAN City Administrator Hedges introduced this item regarding a request for a 4.2 foot Variance to the established front yard setback of20 feet to enclose a porch on the front ofa singe-family dwelling at 1579 Sherwood Way. 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 Tilley moved, Councilmember Fields seconded a motion to approve a 4.2-foot Variance to the established front yard setback of20 feet to enclose a porch on the front of a single-family dwelling at 1579 Sherwood Way in the SW 1f4 of Section 33. Aye: 5 Nay: 0 V ACA TION OF GUN CLUB ROAD AND PUBLIC EASEMENTS LONG ACRES ADDITION City Administrator Hedges explained that a presentation would be made regarding the request for vacation of Gun Club Road right-of-way, drainage and utility easements, and pubic comment would be taken, however the Council would not take action until later in the meeting in conjunction with the final plat of Long Acres Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment he turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing for the vacation of Gun Club Road right-of-way, drainage and utility easements within SE 1f4 Section 36 on property within the proposed Long Acres Addition and direct consideration of approval to be concurrent with the approval for the Long Acres Final Subdivision. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 17, 2004 Page 4 OLD BUSINESS CONDITIONAL USE PERMIT TO ALLOW PAYROLL CHECK CASHING - WAL-MART City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal-Mart located at 1360 Town Centre Drive. This meeting was continued from the May 18,2004 City Council meeting to the June 15,2004 City Council Meeting and then continued to the August 17, 2004 meeting. Councilmember Carlson updated the Council on discussions with Wal-Mart for upgrading the site, and alternative uses ofthe unused portion of the parking lot. Councilmember Carlson moved, Councilmember Tilley seconded a motion to allow payroll check cashing at the check out registers at Wal-Mart located at 1360 Town Centre Drive; subject to the following conditions: Aye 5 Nay: 0 I. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange business. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code. 4. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. 5. The currency exchange business shall not engage in any services in which money or funds are lended, borrowed or pledges to or by a customer. 6. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 7. The currency exchange business shall not be open or operated during the hours of8:00 p.m. and 6:59 a.m. 8. The currency exchange business operation shall only occur at the 20 cash register stations. FINAL SUBDIVISION (LONG ACRES 1 ST ADDITION) MANLEY LAND DEVELOPMENT FINAL SUBDIVISION (LONG ACRES 2ND ADDITION) MANLEY LAND DEVELOPMENT City Administrator Hedges introduced the next two items regarding a final subdivision (Long Acres 151 Addition) to create 29.6 acres and a final subdivision (Long Acres 2nd Addition) to create 23 single family lots and three outlots on approximately 10.6 acres located south of Gun Club Road at Biscayne Avenue and the vacation of public right- of-way for a portion of Gun Club Road south and east of Biscayne Avenue. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Subdivision, the first phase of the Long Acres development, to create 26 single-family lots and three outlots, on approximately 29.6 acres located south of Gun Club Road at Biscayne A venue in the SE 1f4 of Section 36. Aye: 5 Nay: 0 04-62 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of public right-of- way for a portion of Gun Club Road south and east of Biscayne Avenue and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Final Subdivision, the second phase of the Long Acres development, to create 23 single-family lots, on approximately 10.6 acres located 04-63 south of Gun Club Road at Biscayne Avenue in the SE 1f4 of Section 36. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 17, 2004 Page 5 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the vacation of Gun Club Road right-of-way and easements. Aye: 5 Nay: 0 ORDINANCE AMENDMENT: EMERGENCY VEHICLE PREEMPTION City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 8, "Traffic Regulations", regulating the use of the Emergency Vehicle Pre-Emption (EVP) System. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an amendment to Chapter 8, "Traffic Regulations," regulating the use of the Emergency Vehicle Pre-Emption (EVP) system and authorize publication in the City's legal newspaper for two weeks. Aye: 5 Nay: 0 NEW BUSINESS SELECT NAME FOR EAGAN COMMUNITY CENTER TEEN CENTER City Administrator Hedges explained that the Eagan Teen Advisory Board (E-TAB) is requesting Council choose the name for the Community Center Teen Center from a list of three names that area teens voted on for the center. Members of E- T AB explained they had polled area teens regarding the proposed names. The top three names were The Outhouse, Adrenaline, and The Oasis. Councilmember Fields moved, Councilmember Tilley seconded a motion to name the Community Center Teen Center "The Oasis". Aye: 5 Nay: 0 APPOINTMENT OF NEW AIRPORT RELATIONS COMMISSION MEMBER City Administrator Hedges explained that due to the resignation of a current Airport Advisory Commission member, the Commission Appointment Policy states that the vacancy is to be filled by a person that applied for a position on the Commission, but was not originally appointed to a Commission during the appointment process that took place in April 2004. Of the four applicants that sought appointment to the ARC but were not appointed, Tammy Mencel and Jack Prentice have voiced their interest in serving. Ballots were distributed to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to ratifY the vote appointing Tammy Mencel as the new Airport Relations Commission member. Aye: 5 Nay: 0 RECEIVE PETITION FOR EA W - STEEPLECHASE OF EAGAN City Administrator Hedges introduced this item regarding a citizens petition for an Environmental Assessment Worksheet (EA W) for the Steeplechase of Eagan development proposal which is a request for a rezoning of approximately 38 acres, preliminary subdivision to create 36 single family lots and 73 townhome lots and wetland replacement plan for property located on the old Diamond T Rand site on Pilot Knob Road. City Planner Ridley gave a brief overview of the proposed development. Councilmembers discussed the need for an EA Wand it was determined that an EA W is warranted based on the following conclusions: . The project site has been contaminated with a significant quantity of animal waste . The project site contains buried debris from the former Metropolitan Sadium site. . There is significant evidence that all five wetlands have suffered varying degrees of degradation and varying amounts offill by previous land owners. . The proposed housing density under the project introduces townhouse units to maximize development of the project site. . The applicant proposed to remove a significant protion of the trees from the project site. Eagan City Council Meeting Minutes August 17, 2004 Page 6 . The project will result in a significant change of circumstances at the project site and the surrounding Lebanon Hills Regional Park and the surrounding neighbors. Councilmember Maguire moved, Councilmember Carlson seconded a motion to receive a citizens petition for an Environmental Assessment Worksheet (EA W) for the Diamond T property-Steeplechase of Eagan development proposal. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Carlson seconded a motion to determine that a need does exist to require an Environmental Assessment Worksheet of the Steeplechase of Eagan development proposal and authorize retention of a record of decision in that regard. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges noted that two meetings regarding the Caponi property acquisition had been held regarding the maintenance/operating agreements and assessment questions and balances. ADMINISTRATIVE AGENDA SEPTEMBER SPECIAL CITY COUNCIL WORKSHOP City Administrator Hedges suggested that the Council reschedule their September workshop to Monday, September 13, due to the special election being held on Tuesday, September 14 and Rosh Hashanah beginning on September 15. Councilmember Fields moved, Councilmember Tilley seconded a motion to reschedule the September City Council Work Shop from Tuesday, September 14 to Monday, September 13. Aye: 5 Nay: 0 WELLHEAD PROTECTION PLAN Director of Public Works Colbert provided information regarding the Wellhead and Source Protection Plan. The regular City Council meeting was recessed at 8: 15 p.m. and a meeting of the Economic Development Commission was immediately convened. The regular City Council meeting was reconvened at 8:20 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council me;jg at 8:21 p.~. , //' I LtutrDl~ /7 ),{)(If f Date . Administrative 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). 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