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05/04/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 4, 2004 A regular meeting ofthe Eagan City Council was held on Tuesday, May 4,2004 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, Assistant to City Administrator Miller, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that Mayor Geagan wished to add discussion of Arbor Day under Recognitions and Presentations. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as modified. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS SWEARING IN OF POLICE OFFICERS ChiefofPolice Therkelsen introduced newly appointed Police Officers Tom Weinzettel and Ben Koenke. Mayor Geagan administered the Oath of Office to the officers. 2004 HONORABLE MENTION AWARD - DAKOTA COUNTY PUBLIC HEALTH DEPARTMENT Pat Stieg of the Dakota County Public Health Department made a presentation regarding the 2004 Honorable Mention Award in the community category made to the City of Eagan for the City's adoption of a park policy in 2003 to restrict tobacco use during youth activities and it's commitment to a healthy environment for the community. ARBOR DAY Mayor Geagan discussed the Arbor Day festivities and commended Greg Hove and the Parks and Recreation Department for their work on the event. CONSENT AGENDA City Administrator Hedges noted that item Y would be continued. Items J, U, and W were pulled from the Consent Agenda for discussion. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 20, 2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Abby Korte as a seasonal water resources assistant. 2. It was recommended to approve the hiring of Erik Johnsen as a part-time building attendant/concessions worker at the Community Center. 3. It was recommended to accept the letter of resignation from Stan Lexvold, Construction Supervisor. C. Check Registers. It was recommended to ratify the check registers dated April 22, 2004, and April 29, 2004 as presented. Eagan City Council Meeting Minutes May 4, 2004 Page 2 D. Shows License. It was recommended to approve a Shows License for the Eagan Lions Club to hold the 4th of July Funfest at the Eagan Community Center on July 2nd-4th and waive application fees. E. Parade Permit. It was recommended to approve a Parade Permit for the Eagan Lions Cub to hold a parade on July 3, 2004 and waive the application fee. F. Donation. It was recommended to adopt a Resolution Accepting Donation ofa Panasonic LCD Projector 04-34 for use by the City of Eagan from TBS Office Automations. G. Donation. It was recommended to approve the acceptance ofa donation from the Eagan Lioness for the purchase of a park bench to be installed in Central Park. H. Declaration of Restrictions and Covenants for Thresher Fields. It was recommended to approve the submission ofthe required "Declaration of Restrictions and Covenants" for Thresher Fields as required by the MPCA and authorize the signature of the Mayor. I. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement with Dakota County for the Anderson Property. J. Purchase Agreement. Pulled for discussion. K. Development Contract. It was recommended to approve the Development Contract, subject to modifications as deemed reasonable and necessary by the City Administrator and City Attorney. L. Ordinance Amendment. It was recommended to direct the City Attorney to prepare an Ordinance Amendment to Chapter 11 regarding Accessory Structures in a PF-Public Facility Zoning District. M. Sale of City Property. It was recommended to continue consideration of the sale of City Property at the northwest corner of Highway 3 and Diffley Road to the May 18,2004 City Council meeting. N. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot 7, Block I, Fairway Hills and schedule a public hearing to be held on June 1, 2004. O. Project 790R. It was recommended to approve the Final Assessments for Project 790R (Central Parkway- Streets and Utilities) for Parcels 10-22471-010-01 & 10-22471-010-02 and authorize its certification to Dakota County for collection. P. Contract 02-17. It was recommended to approve Change Order No.4 to Contract 02-17 (Central Parkway and Cedar Grove Area - Streetscaping and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Wescott Woodlands "No Parking" Petition. It was recommended to receive the petition to install "No Parking" signs on the cul-de-sac at the south end of Wescott Woodlands and schedule a public hearing to be held on June 1,2004. R. Change Order. It was recommended to approve Change Order #4, Contract 03-09 (Water Treatment Plant Expansion) and authorize the mayor and City Clerk to execute all related documents. S. Proiect 778. It was recommended to authorize the solicitation of Request for Proposals for professional engineering services for the design, bid and construction phases of Project 778 (Trunk Highway 149 Upgrade - Divided 4-Lane Highway). T. Lease / Leaseback Transaction. It was recommended to authorize staff to discontinue evaluation of any potential lease/leaseback transaction for City water and wastewater assets. U. Ordinance Amendment. V. Assignment of Judgments. It was recommended to approve Assignment of Judgments obtained in the lawsuit captioned Roger Reiling, et. AI. v. City of Eagan, and authorize the Mayor and Clerk to execute the Assignment of the Judgments in favor of the League of Minnesota Cities Insurance Trust. W. Revocation of Permit. X. Project 669. It was recommended to receive the Official Mapping proposal for Project 669 (Duckwood Drive - Ring-Road Concept) and schedule a public hearing to be held on June 1,2004. Y. Project 759R. It was recommended to continue consideration of the final Assessment Roll for Project 759R (Cedar Grove Parkway - Street Improvements) until the May 18,2004 City Council meeting. Eagan City Council Meeting Minutes May 4, 2004 Page 3 J. Purchase Agreement for the Anderson property. Councilmember Maguire discussed the process leading to the purchase agreement for the Anderson property. He commended Councilmember Carlson, the Friends ofthe Eagan Core Greenway and others for their work towards this purchase. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Purchase Agreement for the Anderson Property and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the public hearing for the NDR Natural and Scenic Area Grant application and authorize appraisals on parcels selected for application. Aye: 5 Nay: 0 U. Ordinance Amendment which requires retailers of non-explosive and non-aerial fireworks to obtain a permit from the City of Eagan subject to the rules of M.S. 624.20 to 624.25. Discussion was held regarding the establishment of permit fees for the sale of fireworks. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment requiring retailers of non-explosive and non-aerial fireworks to obtain a permit from the City of Eagan subject to the rules of M.S. 624.20 to 624.25 and establish fees of$100 for existing businesses that wish to seIl fireworks along with other product lines and $350 for new businesses that will be sole distributors of fireworks. Aye: 5 Nay: 0 W. Revocation of Permit No. UT-03-09503 (Eagandale Boulevard) issued to Xcel Energy on September 29, 2003. CoIlette Urick, Xcel Energy, addressed the revocation of a permit to work within public right of way which, she stated, actuaIly expired in December, 2003. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the revocation of a permit to work within the public right-of-way (UT-03-09503, Xcel Energy). Aye: 5 Nay: 0 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item stating that the City currently has approximately 315 delinquent utility bill accounts with an assessable amount of$56,194.24. Mayor Geagan opened the public hearing. There being no pubic comment, he closed the public hearing and turned discussion back to the City Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt a resolution certifying delinquent utility bills and authorize its certification to Dakota County. 04-37 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item stating there is currently eleven delinquent false alarm bills with an assessable amount of$2,750.00. 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 May 4, 2004 Page 4 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 04-38 PROJECT 806R City Administrator Hedges introduced this item regarding the final assessment roll for Project 806R - Kennerick Addition / Pond HDP-l - Storm Sewer 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. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 806R (Kennerick AdditionlPond HDP-l - Storm Sewer Improvements) and authorize its certification to Dakota County for colIection. Aye: 5 Nay: 0 LOTS 3, 4, 5, BLOCK 4, EAGANDALE CENTER INDUSTRIAL PARK NO.3 - EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility easement on Lots 3, 4, and 5, Block 5 Eagandale Center Industrial Park No.3. 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 Carlson moved, Council member Tilley seconded a motion to approve the vacation of a portion of public drainage and utility easement on Lots 3, 4, 5, Block 5, Eagandale Center Industrial Park No.3 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS REZONING - CEDARSTONE DEVELOPMENT City Administrator Hedges stated the applicant is requesting consideration ofthis item regarding a request for a rezoning of five acres from Agriculture to R-2, Residential Double district for property located at 1055 Wescott Road be continued to the May 18, 2004 City Council meeting. Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration of a rezoning of five acres from Agriculture to R-2, Residential Double District for property located at 1055 Wescott Road to the May 18,2004 City Council meeting. Aye: 4 Nay: 0 Tilley abstained. REZONING - ROBERT F. MCDONALD City Administrator Hedges introduced this item regarding a request for rezoning of five acres from Agriculture to R- 1, Single Family Residential District for property located at 1085 Wescott Road. City Planner Ridley gave a staff report. Robert McDonald, applicant, requested that the item be continued until after consideration of the rezoning at 1055 Wescott Road. Councilmember Maguire moved, Mayor Geagan seconded a motion to continue consideration ofa Rezoning of five acres from Agriculture to R-l, Single Family Residential District for property located at 1085 Wescott Road until the June 1,2004 City Council meeting. Aye: 4 Nay: 0 Tilley abstained. Eagan City Council Meeting Minutes May 4, 2004 Page 5 PLANNED DEVELOPMENT AMENDMENT - YOCUM OIL COMPANY City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor storage on Lot 5, Block 1, Thomas Lake Center, located at 1579 Cliff Road. City Planner Ridley gave a staff report. Wes Holberg, representing the Yocum family was present to answer questions. Councilmember Fields moved, Councilmember TiIley seconded a motion to approve a Planned Development Amendment to allow outdoor storage on Lot 5, Block 1, Thomas Lake Center, located at 1579 Cliff road in the SW y.. of Section 28. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT TO ALLOW PAYROLL CHECK CASHING - W AL-MART City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal-Mart located at 1360 Town Centre Drive. Charlene Walls, Manager ofWal-Mart store was present to answer questions. Councilmember Carlson suggested this item be continued to allow for the submittal of further information regarding specific locations for the check cashing operation within the store. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal-mart located at 1360 until the May 18,2004 City Council meeting. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - ALLIANT ENGINEERING City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a drive-thru for the pharmacy at Walgreen's located at 2010 Cliff Road. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow a drive-thru for the pharmacy at Walgreen's located at 2010 Cliff Road . Aye: 0 Nay: 5 Discussion was held with John DiIlingham and Clark Wiklund of AlIiant Engineering regarding stacking space for the drive-thru. It was agreed that additional information was needed regarding the stacking space, circulation and the projected number of trips that would occur daily at the drive-thru. Councilmember Maguire moved, Councilmember Fields seconded a motion to reconsider the previous motion. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to allow a drive-thru for the pharmacy at Walgreen's located at 2010 Cliff Road until the May 18th Council meeting. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA City Administrator Hedges discussed the approval by the Council of a Technology Task Force and the hiring of a wireless broadband consultant to assist the work of the Task Force. Council member Tilley moved, Councilmember Fields seconded a motion to approve an agreement with a selected vendor to perform agreed upon work to assist the Technology Task Force in completing its charge as specified by the Eagan City Council. Aye: 5 Nay: 0 City Administrator Hedges discussed a recommendation by the Operations Committee to allow Community Center staff members that meet set criteria to be permitted to use the Community Center fitness facility. Eagan City Council Meeting Minutes May 4, 2004 Page 6 Councilmember Tilley moved, Councilmember Carlson seconded a motion to authorize the inclusion of the use of the Community Center Fitness Facility as a benefit to Community Center employees whose positions are funded via the Community Center operating budget (subject to minimum criteria based upon position). Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to recess the regular City Council meeting at 8:00 p.m. and immediately convene a meeting of the Economic Development Authority. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 8:05 p.m. OTHER BUSINESS RESOLUTION TO APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH GRAND OAKS LLC FOR THE REDEVELOPMENT OF PROPERTY FOR THE GRAND OAKS FIVE OFFICE PARK AND TO CONSIDER THE SALE OF CITY OWNED PROPERTY FOR THAT PURPOSE City Administrator Hedges briefly discussed this item which was continued at the Economic Development Authority meeting. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Resolution To Approve Amended and Restated Development Agreement with Grand Oaks LLC for the Redevelopment of Property For The Grand Oaks Five Office Park and to Consider the Sale of City Owned Property for that Purpose. Aye: 5 Nay: 0 RESOLUTION APPROVING BUSINESS RELOCATION AGREEMENT FOR MINNESOTA WATERPROOFING TO FACILITATE THE REDEVELOPMENT OF PROPERTY IN NORTHEAST EAGAN REDEVELOPMENT TIF DISTRICT #2-4 City Administrator Hedges briefly discussed this item which had been reviewed at the Economic Development Authority meeting. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt a Resolution Approving the Relocation Agreement between the City of Eagan, Eagan Economic Development Authority and Waterproofing Inc., a Minnesota Corporation. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 8: 07 p.m. /17/' J dfrJ . L-L~ I, L-<...-: Date c \ If you need these minutes in an alternative form such as large print, BraiIle, 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.