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01/06/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 6, 2004 A regular meeting of the Eagan City Council was held on Tuesday, January 6, 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 Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda with the additional item of a Special City Council Workshop to be held immediately following this regular meeting. Aye: 5 Nay: 0 CONSENT AGENDA Item B was pulled from the Consent Agenda for discussion. Councilmember Maguire 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 December 16,2003 regular City Council meeting, the December 16, 2003 Listening Session minutes and the December 8, 2003 special City Council meeting as presented. B. Personnel Items. PULLED FOR DISCUSSION 1. It was recommended to approve the hiring of Margaret Sharp as a part-time guest services rep at the Community Center. 2. It was recommended to approve the hiring of Randy Boyden, Keith Wallace and Brad Champlin as part-time seasonal broom ball and boot hockey officials. 3. It was recommended to approve the hiring of Jamie Bewley as a part-time Clerical Technician Ill/Receptionist for the Police Department. 4. It was recommended to approve the hiring of a person to be recommended as the Facility Operations Supervisor at the Eagan Community Center. 5. It was recommended to approve the addition of Section 38.6 to the City of Eagan Personnel Policy (Individual Health Care Savings Plan for FLSA Non-Exempt Non-Collective Bargaining employees, Compensation Ranges A-F, who are scheduled to work thirty or more hours per week). 6. It was recommended to approve the addition of Section 39 to the City of Eagan Personnel Policy, Report of Loss of Driver's License. 7. It was recommended to approve revisions to Section 16.2, Leave of Absence Without Pay; Section 16.3, Child Care Leave; Section 16.4, Family and Medical Leave Act Leave; and Section 31, Report Forms of the Personnel Policy. C. Check Registers. It was recommended to ratify the check registers dated December 18, 2003 and December 25,2003 as presented. D. Contract Renewal. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to sign the appropriate documents. E. Assessment Study. It was recommended to authorize the firm ofTKDA to prepare a Vulnerability Study for the City's Water Supply, Storage and Distribution system. F. Sports/Convention Facility License. It was recommended to approve the renewal of the Sports/Convention Facility License for Burnsville Development Ltd., dba Holiday Inn Burnsville, beverage provider for the Eagan Community Center. G. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7 -1-03 to 6-30-04. Eagan City Council Meeting Minutes January 6, 2004 Page 2 H. Board of Adiustments and Appeals. It was recommended to schedule a Hearing on January 20, 2004 for Board of Adjustment and Appeals regarding a request made by Todd Wagner to review Eagan City Council denial of a Variance for property located at 1745 Sartell Avenue. B. Personnel Items. 4. Facilities Operation Coordinator/Community Center. City Administrator Hedges discussed this proposed position and variable scheduling. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the hiring of a person to be recommended as the Facility Operations Supervisor at the Eagan Community Center. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - KAMRUD (4035 CAMBERBELL DRIVE NORTH) City Administrator Hedges introduced this item regarding a request for a variance of3.8 feet from the required 10 foot side-yard setback for a principal structure for Lot 25, Block 2, Hills of Stone bridge 3rd Addition. 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 Fields moved, Councilmember Maguire seconded a motion to approve a Variance of 3.8 feet from the required 10 foot side-yard setback for a principal structure for Lot 25, Block 2, Hills of Stone bridge 3rd Addition. Aye: 5 Nay: 0 POPPLER HOMESTEADS NO.2 (LOT 2, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced this item regarding a request for the vacation of public drainage and utility easements on Lots 2 and 3, Block 1, Poppler Homesteads No.2. 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, Councilmember TiIley seconded a motion to approve the vacation of public drainage and utility easements on Lots 2 and 3, Block 1, Poppler Homesteads No.2 and authorize the Mayor and City Clerk to execute all related documents subject to the receipt and recording of required replacement easements. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS, INC. City Administrator Hedges provided background information regarding a conditional use permit for a pylon sign, located at 3902-3938 Cedar Grove Parkway which was continued from the December 16,2003 meeting. City Planner Ridley provided an update regarding impact to the parking lot and existing trees by the future addition of a trail along the south side of Cedar Grove Parkway at this location. Public Works Director Colbert discussed the proposed retaining wall, trail easement and parking lot. He also noted proposed conditions of approval recommended by the Engineering Department. Eagan City Council Meeting Minutes January 6, 2004 Page 3 Councilmembers and the applicant held a discussion. Councilmember Maguire moved, Mayor Geagan seconded a motion to approve a variance often feet to the sign setback requirement for a sign that is 14' tall and 60 square feet, on property located at 3902 - 3938 Cedar Grove Parkway, subject to the conditions in the APC minutes and the four additional conditions proposed by the Engineering Department. Aye: 2 Nay: 3 Motion failed. After further discussion, it was agreed to continue consideration of this item to allow time for the applicant to submit a visual of the proposed sign. S:;ouncilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Conditional Use Permit and Variance for a pylon sign located at 3902-3938 Cedar Grove Parkway until the January 20, 2004 Council meeting. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - HONEY TREE 1 ST ADDITION City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow the trail on the east side of the building be removed and sod installed in its place, at property located at 4450-4490 Erin Drive. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow the trail on the east side of the building be removed and sod installed in its place, at property located at 4450-4490 Erin Drive, Lot 1, Block 1, Honey Tree 151 Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be signed and recorded prior to removal of the trail. 2. There shall be no obstructions located within the dedicated utility easement area. CONDITIONAL USE PERMIT - SOWLES PROPERTY City Administrator Hedges stated that applicant has requested this item be continued to the January 20, 2004 City Council meeting. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage at 3045 Sibley Memorial Highway to the January 20,2003. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA 2005 Rates for Eagan Community Center Councilmember Maguire moved, Councilmember Fields seconded a motion to defer discussion of the 2005 rates for the Eagan Community Center to the Operations Committee for recommendation. Aye: 5 Nay: 0 Scheduling of Second City Council Workshop and a City Council Retreat in January. The need for a second Council workshop and a Council retreat in January was discussed. Councilmember Fields moved, Councilmember Maguire seconded a motion to schedule a City Council Retreat on January 22 at 5:30 p.m. at Moon Shine Park Retreat Center, and a City Council Workshop on January 27, 2004 at 5:30 p.m. in the Eagan Room of City Hall. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 6,2004 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 7:35 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 7:40 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 7:40 p.m. and convene a Special City Council Workshop. Aye: 5 Nay: 0 t1]. ) }b, 1 , (,' ",' .)"" ..,-~ Ii /,u, i!0 I. rtiU :t D City CI 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.