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04/20/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 20, 2004 A Listening Session was held prior to the regular City Council meeting at 6:30 in the Eagan Room of the Municipal Center. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Wednesday, April 20, 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 Lord, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that Fire Chief Kriha would be providing information regarding a recent grass fire in the City. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS EAGAN TEEN ADVISORY BOARD An update was provided by the Teen Advisory Board regarding their efforts to engage the teen community in activities at the Community Center. FIRE DEPARTMENT UPDATE Fire Chief Kriha discussed the details of a fire on May 14th at the Minnesota River bottom. CONSENT AGENDA Items B, D, H, I, 0, and P were pulled from the Consent Agenda for discussion. Councilmember Maguire moved, Councilmember Fields 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 7, 2004 regular City Council meeting, and the April 13, 2004 special City Council meeting as presented. B. Personnel Items. 2. It was recommended to approve the hiring of two persons to be recommended for hire as Police Dispatchers, contingent upon successful completion of the City's required physical, psychological and drug testing. 3. It was acknowledged that two persons approved to be hired as Utility Maintenance Workers at the April 7, 2004 City Council meeting are Jay Morgan and Rick Nelson. 4. It was recommended to approve the hiring of Christopher Buntjer, Deb Buntjer, Melissa Buntjer, Meghan Chappuis, Erik Johnsen, Gabrielle Johnson, Tori Julian, Nick Landauer, Christie Mason, Matthew Mason, Mike Mason, Rachel Nygaard, Jill Petsinger, Alexander Phillips, Austin Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Kevin Stevenson and Julie Wavrunek as part-time seasonal concessions workers. 5. It was recommended to approve the change in status of the Preschool Program Coordinator position from Full-time Exempt to Part-Time Non-Exempt. Eagan City Council Meeting Minutes April 20, 2004 Page 2 6. It was recommended to approve a letter of agreement with the Clerical Bargaining Unit (Teamsters Local 320) to establish provisions for their unit members for a Health Care Savings Plan. 7. It was recommended to approve contracting with the firm of Riley, Dettmann & Kelsey to use the RDK Job Evaluation System to perform job evaluations for positions at the City for Eagan during 2004. C. Check Registers. It was recommended to ratify the check registers dated April 8, 2004, and April 15, 2004 as presented. D. Arbor Day. E. Agreement. It was recommended to authorize the Mayor to sign a License Agreement with Northwest Airlines allowing installation of plant materials by the City on a portion ofNW A property as part ofthe annual Arbor Day celebration. F. Agreement. It was recommended to approve an agreement between the Eagan Community Center and Heart Health Living, P.A. to provide cardiac rehabilitation maintenance program services and direct the Mayor and City Clerk to sign the agreement document. G. Final Payments - Community Center. It was recommended to approve final payment for contracts completed for the Community Center project. H. Temporary Liquor License 1. Findings of Fact. 1. Contract 03-12. Receive the bids for Contract 03-12 (TH 13 & Silver Bell road - Intersection Improvements) and award the contract to Eureka Construction, for the Base Bid in the Amount of $612,768.89, and authorize the Mayor and City Clerk to execute all related documents. K. Project 901. It was recommended to receive the Feasibility Report or Project 901 (Blue Cross / Blue Shield Well Field Development). L. Agreement. It was recommended to approve an agreement between the City of Eagan on behalf of the Eagan Teen Advisory Board and the Eagan Foundation, Inc. to allow the Eagan Foundation to serve as fiscal sponsor for the Eagan Teen Advisory Board and direct the Mayor and City Clerk to sign the agreement document. M. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision to create 35 single family lots (Terra Glenn Addition) and outlots on property east of Blue Cross Blue Shield, 'South of Yankee Doodle Road west of the City of Eagan Maintenance Facility in the NW Y4 of Section 16. N. Amended Resolution to DNR Grant. It was recommended to approve an amended DNR Remediation Grant Application and Authorize Signature for Submission. O. Airport Relations Commission Communications Plan. This item was moved to the Administrative Agenda P. Tobacco License. 04-32 B. Personnel Items. a. Accept the Letter of Resignation from Rick Swanson Police Captain, who will be retiring in September of this year after over 29 years of employment with the City of Eagan. Captain Swanson was recognized by the Council and thanked for his years of service. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve item B of the consent agenda - Personnel Items. Aye: 5 Nay: 0 D. Arbor Day. It was recommended to acknowledge Eagan as the recipient of the 2003 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 1 as Arbor Day and May, 2004 as Arbor Month in the City of Eagan. Councilmember Maguire encouraged the public to attend the Arbor Day festivities. Councilmember Maguire moved, Councilmember Tilley seconded a motion to acknowledge Eagan as the recipient 04-33 of the 2003 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May I as Arbor Day and May, 2004 as Arbor Month in the City of Eagan. Eagan City Council Meeting Minutes April 20, 2004 Page 3 H. Temporary Liquor License for the Eagan Foundation. City Administrator Hedges stated that in previous years the Eagan Foundation had requested that fees be waived for their annual wine tasting event. This year, due to concern regarding budgetary constraints faced by the City, the Foundation submitted the $150.00 fee. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a temporary liquor license for the Eagan Foundation. Aye: 5 Nay: 0 L Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway. City Administrator Hedges stated that the applicant's attorney submitted a request for continuance of this item. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of the Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3928 Cedar Grove Parkway until the May 18,2004 Council meeting. Aye: 5 Nay: 0 P. A License to Sell Tobacco Products for AI Baker's Restaurant. Councilmember Tilley suggested that discussion be held at a worksession regarding banning smoking in restaurants. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a License to Sell Tobacco Products for AI Baker's Restaurant. Aye: 4 Nay: 0 Abstain: Tilley APPOINTMENT OF ADVISORY COMMISSION MEMBERS City Administrator Hedges discussed the interview process that had taken place on April 13, 15 and 19,2004. Assistant to the City Administrator Lord went on to explain the ballot matrix that would be used for voting on members for each commission. Councilmembers were provided with ballots. The results were as follows: Advisory Planning Commission Ted Gladhill Duane Bendt Steven Chavez Peter Dugan Paul Leeder Jennifer Matthees 3 year term 3 year term 3 year term 2 year term I year term I year alternate term Advisory Parks and Recreation Commission Margo Danner Mark Filipi Muhammad Lodhi Duane Hanson 3 year term 3 year term 3 year term 1 year alternate term Eagan City Council Meeting Minutes April 20, 2004 Page 4 Economic Development Commission Nadim Zoberi Greg Wilken Kimberly Feller Christopher Nelson 3 year term 3 year term 1 year term 1 year alternate term Airport Relations Commisson Dean Hachnel Dan Flanagan Valerie Dosland Jason Bonnet 3 year term 3 year term 3 year term 1 year term Burnsville/Eagan Telecommunications Commission Michael Owens 1 year alternate term Councilmember Tilley moved, Councilmember Maguire seconded a motion to ratify appointments to the advisory commissions. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 851, TOWN CENTRE AREA STREET AND ACCESS MANAGEMENT IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment RoIl for Town Centre Area street and access management improvements. Public Works Director Colbert gave a staff report. He noted that one objection letter has been received. 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 Fields seconded a motion to approve the Final Assessment Roll for Project 851 (Town Centre Area - Street & Access Management Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 882, CRESTRIDGE LANE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Crestridge Lane street overlay improvements. Public Works Director Colbert gave a staff report. He noted that one written objection had been received. 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 Maguire seconded a motion to approve the Final Assessment Roll for Project 882 (Crestridge Lane - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 20, 2004 Page 5 NEW BUSINESS PRELIMINARY SUBDIVISION (SCHWANZ ADDITION) - WENZEL FINANCIAL City Administrator Hedges introduced this item regarding the Preliminary Subdivision (Schwanz Addition) to create 8 twin home lots for property located at 3200 Pilot Knob Road and a 3 percent Variance to allow lots 2 through 7 a building coverage of23 percent. City Planner Ridley gave a staff report. Richard LeMay, 1385 Jurdy Road, expressed his opposition to the proposed access from Jurdy Road. The City Council and staff discussed the Jurdy Road and Pilot Knob Road intersection and the Dakota County requirement prohibiting direct access from the site to Pilot Knob Road. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Schwanz Addition) to create 8 twin home lots for property located at 3200 Pilot Knob Road, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by council on February 2, 1993: Al,Bl,2,3,4,Cl,2,4,Dl,El. 2. The property shall be platted. 3. Architectural designs and construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA 4. Sewer and water service pipes to the existing house to be removed (3200 Pilot Knob Road) shall be abandoned in accordance with City engineering standards. 5. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 6. The developer shall obtain the necessary public drainage and utility easement allowing for the proposed storm sewer and ponding area on Lot 2, Block 1 Effress Addition, prior to final subdivision approval. 7. The developer shall provide evidence of a private easement agreement allowing for the private street turnaround on Lot 2, Block 1 Effress Addition, in a form acceptable to the City Attorney, prior to final subdivision approval. 8. The development is subject to cash park and trails dedication. 9. The developer shall provide evidence of a declaration of easement establishing the access to the lots and maintenance of the private road. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a 3 percent Variance to allow lots 2 through 7 a building coverage of23 percent, for the Schwanz Addition 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. INTERIM USE PERMIT - SOWLES PROPERTIES City Administrator Hedges stated that the applicant has requested consideration of an Interim Use Permit be continued. Eagan City Council Meeting Minutes April 20, 2004 Page 6 Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of an Interim Use Permit for Sowles Properties to the May 18,2004 City Council meeting. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding a proposed Ordinance Amendment modifying Chapter 13, Section 13.40, Subd. 3, regarding Variances. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt an Ordinance Amendment modifying Chapter 13.40, Subd. 3, regarding Variances. Aye: 5 Nay: 0 DIRECTION REGARDING RETAIL SALES OF NON-EXPLOSIVE/NON AERIAL FIREWORKS PERMIT AND FIREWORKS DISPLAY PERMIT City Administrator Hedges introduced this item regarding a request by Community Development Department staff for direction regarding the licensing of the sale of fireworks and permits for firework displays. Community Development Director Hohenstein and Chief Building Official Schoeppner gave a staff report. Discussion was held regarding specifics of the permitting process such as the location of temporary tents, duration and fees for permits and the possibility of issuing conditional use permits. Staff was directed to provide additional information to the council while proceeding with the preparation of an ordinance amendment. ADMINISTRATIVE AGENDA 2004-2005 EAGAN AIRPORT RELATIONS COMMISSION COMMUNICATIONS PLAN Councilmember Fields acknowledged the work that was done on the 2004-2005 Eagan Airport Relations Commission Communications plan by the Commission and by Assistant to the City Administrator Lord. Discussion was held regarding notification of residents living in effected areas. It was agreed that further discussion should be held with the Airport Relations Commission. Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of the 2004- 2005 Eagan Airport Relations Commission Communications Plan until a worksession in June. Aye: 5 Nay: 0 RESOLUTION IN SUPPORT OF THE MSP NOISE OVERSIGHT COMMITTEE RECOMMENDATION FOR NOISE MITIGATION IN RESIDENTIAL AREAS. Assistant to the City Administrator Lord provided background information regarding the MSP Noise Oversight Committee recommendation for noise mitigation in residential areas. Councilmember Fields moved, Council member Tilley seconded a motion to approve a resolution in support of the MSP Noise Oversight Committee recommendation for noise mitigation in residential areas. Aye: 5 Nay: 0 04-34 DEPARTMENT OF NATURAL RESOURCES METRO GREENWAYS GRANT AGREEMENT City Administrator Hedges provided an overview of the Department of Natural Resources Metro Greenways Grant Agreement. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Department of Natural Resources Metro Greenways (LCMR) Grant Agreement and authorize the Mayor and City Clerk to execute the agreement subject to the City Attorney's satisfaction wit he agreement form. Aye: 4 Nay: 0 Carlson abstained. Councilmember Carlson moved, Councilmember Fields seconded a motion to recess the regular Council meeting and immediately convene a closed session meeting at 9:45 p.m. Eagan City Council Meeting Minutes April 20, 2004 Page 7 The regular City Council meeting was reconvened at 10: 1 0 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 meeting at 10:30 p.m. l ;j-,Je> -tJl- .-- Date 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.