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11/06/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 6, 2003 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting in the Community Room ofthe Eagan Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, November 6, 2003 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, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA Items B, G, AA and BB were 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 October 21, 2003 regular City Council meeting and the October 14,2003 special City Council meeting as presented. B. Personnel Items. PULLED 1. It was recommended to approve the appointment of Robert Kriha as Fire Chief, effective December 3,2003. 2. It was recommended to approve the hiring of Crystal Stevenson as a Guest Services Rep at the Community Center. 3. It was recommended to approve a maximum deduction amount of$3,000 beginning in calendar year 2004 for medical expenses under the City's Flex Spending Plan. 4. It was recommended to approve two additional positions for 2004 for the Community Center: Facility Supervisor and a second Custodial Maintenance Worker. 5. It was recommended to approve an addition to Article 38 of the City's Personnel Policy describing the Health Care Savings Plan provisions as established specifically by and for the Department Director Group. e. Check Registers. It was recommended to ratifY the check registers dated October 23,2003 and October 30, 2003 as presented. D. Liquor License. It was recommended to approve the off-sale liquor license for Sivart, Inc., 1983 Silver Bell Road (the former Silver Bell Liquor location). E. Resolution to Call Bonds. It was recommended to approve the resolution to call for early retirement all outstanding Series 1993D and 1995C bonds on February 1, 2004. F. Resolution to Issue and Sell Bonds. It was recommended to approve the resolution to issue and sell $2,040,000 General Obligation Improvement Refunding Bonds, Series 2004A, and approve retirement of the outstanding General Obligation Improvement Bonds, Series 1995A and 1996A. G. PULLED CIP Parts II. Part II (Vehicles and Equipment) of the 2004 - 2008 Capital Improvement Program (CIP). H. PULLED Agreement. 36 month agreement between the City of Eagan and Qwest for an Emergency Preparedness Network Service commonly referred to as a community notification system or Reverse 9-1-1. I. 2004 Funding Application. It was recommended to approve the submission of the 2004 Funding Application for $120,328 from Dakota County to operate a Recycling Program for the Cities of Apple Valley, Eagan and Burnsville. 03-70 03-71 Eagan City Council Meeting Minutes November 6, 2003 Page 2 l. Final Subdivision. It was recommended to approve a Final Subdivision (Gardenwood Ponds 6th Addition) to create two single family lots at 3853 North Ridge Drive; subject to the conditions in the August 19,2003 City Council minutes. K. Hauler License. It was recommended to approve Construction / Demolition Debris Licenses for Mac's Roll-Off Service, Inc, and Capital Waste Systems, Inc. L. Proiect 902. It was recommended to approve a Traffic Control Signal Agreement for Project 902 (Cliff Road/Lexington Avenue Intersection - Traffic Signal Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. M. Advance from Municipal State Aid Road Program. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan three years of future apportionments from the Municipal State Aid (MSA) Construction account. N. Proiect 896. It was recommended to receive the Draft Feasibility Report for Project 896 (Lakeside Estates - Street Improvements) and schedule a public hearing to be held on December I, 2003. O. Proiect 897. It was recommended to receive the Draft Feasibility Report for Project 897 (Wilderness Park 2nd and 3rd Additions - Street Improvements) and schedule a public hearing to be held on December I, 2003. P. Proiect Ol-N. It was recommended to acknowledge the completion of Contract Ol-N (Manley Addition- Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Q. Proiect 01-0. It was recommended to acknowledge the completion of Contract 01-Q (Perron Acres - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. R. Proiect 02-C. It was recommended to acknowledge the completion of Contract 02-C (Nature's Edge- Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. S. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on December 1,2003. T. Snow Removal Services Contract. It was recommended to approve the amendment and renewal of the contractual snow plowing agreements with Magnum Company, LLC, and Gallaghers Inc., for the 2003/2004 and 2004/2005 snow seasons and authorize the Mayor and City Clerk to execute all related documents. U. Proiect 901. It was recommended to authorize Barr Engineering to prepare a feasibility Report for Project 901 (Blue Cross Well Field Development). V. Proiect Ol-G. It was recommended to deny the request for a time extension of the development agreement or Project 01-G (Safari at Eagan 3rd Addition - Street and Utility Improvements) and authorize the completion through enforcement of the development agreement security. W. MAC Correspondence. It was recommended to approve correspondence to the Metropolitan Airports Commission (MAC) to voice opposition towards the possible relocation of the Minnesota Army National Guard to the MSP Airport, per the recommendation of the Airports Relations Commission. X. Open Space Agreement. It was recommended to approve the Open Space Agreement for Kohl's Department Store, Walmart, and Town Centre Shoppes. Y. ECVB Budget. It was recommended to approve the 2004 Eagan Convention and Visitors Bureau Budget. Z. Contracts - Community Center. It was recommended to acknowledge the completion of several contracts associated with the construction of the Eagan Community Center and authorize final payment. AA. Donations of Flags. It was recommended to approve a resolution accepting the donation of flags from Eagan American Legion Post 594. BB. Donation of Wagon. It was recommended to approve a resolution accepting the donation of a horse-drawn wagon from Carol Thomas on behalf of the Diamond T Ranch. Cc. Tobacco License. It was recommended to approve a Tobacco License for the remainder of2003 and 2004 for Boji Wine and Spirits, 1983 Silver Bell Road. 03-72 03-73 03-74 03-75 B. Personnel Item: 1. Fire Chief Mayor Geagan announced the appointment of Robert Kriha as Fire Chief, effective December 3, 2003. He recognized outgoing Chief Craig lensen for his years of service. Eagan City Council Meeting Minutes November 6, 2003 Page 3 Councilmember Maguire moved, Council member Carlson seconded a motion to approve the personnel items on the consent agenda. Aye: 5 Nay: 0 G. crp Parts II. Mayor Geagan asked for clarification regarding the purchase of vehicles. Council agreed this item should be continued to allow staff time to provide further information. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration ofthe 2004-2008 crp Part II, Vehicles and Equipment, until November 18,2003. H. Agreement. 36 month agreement between the City of Eagan and Qwest for an Emergency Preparedness Network Service commonly referred to as a community notification system or Reverse 9-1-1. City Administrator Hedges noted that a letter had been received from another vendor requesting continuance of this item to allow time for an additional bid to be submitted. After discussion, Council concluded that the proper notification for RFP's had been given. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve an Emergency Preparedness Network Services Agreement with Qwest. Aye: 5 Nay: 0 AA. Donation of Flags. Councilmembers expressed appreciation for the donation of flags from the American Legion Post 594. Councilmember Maguire moved, Councilmember Fields seconded a motion to accept the donation of flags from the American Legion Post 594. Aye: 5 Nay: 0 BB. Donation of Horse-Drawn Wagon. Councilmembers expressed appreciation for the donation of a wagon from Carol Thomas. Motion was made by Carlson, seconded by Maguire to accept donation of wagon from Carol Thomas on behalf of the Diamond T Ranch. Aye: 5 Nay: 0 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges discussed this item regarding the final assessment roll for delinquent utility bills. The assessable amount of the accounts is $43,521.32. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed the final assessment roll for delinquent false alarm bills. The total amount assessable is $520.00. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Eagan City Council Meeting Minutes November 6, 2003 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 GARAGE VARIANCES AT 1745 SARTELL AVENUE - TODD WAGNER City Administrator Hedges introduced this item regarding a request for variances to allow an attached accessory structure to exceed the size of the house by 280 feet and a variance to allow the proposed garage walls to exceed 10 feet in height, on property located at 1745 Sartell A venue. City Planner Ridley gave a staff report noting that the variance is necessary due to a misinterpretation of accessory structure requirements when a building permit was issued for the accessory building. Mayor Geagan opened the public hearing. Mr. and Mrs. Wagner discussed the plans for the accessory structure and the expenses already incurred. Three neighboring property owners expressed opposition to the proposed variance. There being no further public comment, Mayor Geagan closed the pubic hearing and turned discussion back to the Council. After discussion, Councilmembers agreed that due to the unfortunate misinterpretation of the requirements and the expenses incurred by the applicant, the item should be continued to allow time for staff and the applicant to bring the proposed accessory structure more into compliance. It was also suggested that the neighboring property owners be advised of any revisions to the proposed plans. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration ofa Variance to allow a proposed attached accessory structure to exceed the size of the house by 280 square feet and a variance to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Avenue to the November 18, 2003 City Council meeting: Aye: 5 Nay: 0 VARIANCE - DANA AND SHELLY MELROE City Administrator Hedges introduced this item regarding a request for a Variance from the 20 percent maximum building coverage standard in residential zoning districts at 957 Wildflower Court. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Council member Tilley seconded a motion to approve a one percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of an addition to the home at 957 Wildflower Court, legally described as Lot 10, Block 1, Lexington Pointe 8th Addition, in the NW Y4 of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. Ifwithin 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. 2. The addition shall not exceed the size shown on the proposed site plan (29 feet by 17 feet). 3. The exterior materials of the proposed addition shall match the existing structure. PROJECT 886, LONE OAK ROAD TRUNK WATER MAIN IMPROVEMENTS City Administrator Hedges introduced this item regarding trunk water main improvements for Lone Oak Road. Assistant City Engineer John Gorder gave a staff report. Eagan City Council Meeting Minutes November 6, 2003 Page 5 Mayor Geagan noted that Dakota County has removed this project from their five year CIP and the status of the funding for the Gift of Mary project is uncertain at this time. Mayor Geagan opened the public hearing. One resident, representing area property owners expressed opposition to the proposed project and suggested that benchmarks from the Gift of Mary project be provided regarding funding before the improvement project issue is brought back before the Council. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmembers agreed that consideration of this project is premature at this time. Councilmember Maguire moved, Councilmember Carlson seconded a motion to deny Project 886 (Lone Oak Road - Trunk Water Main Improvements). Aye: 5 Nay: 0 VACATION OF PUBLIC RIGHT OF WAY - DODD ROAD City Administrator Hedges stated a request was made by the applicant to continue consideration of this right of way vacation pending a proposed development layout. Councilmember Carlson moved, Council member Fields seconded a motion to continue the consideration of the vacation of public right-of-way known as Dodd Road adjacent to Parcel 10-03600-030-25 (660 Cliff Road) to correspond with the Council's consideration of an associated development proposal before the 90 day expiration. Aye: 5 Nay: 0 OLD BUSINESS RECONSIDERATION OF VARIANCE DENIAL-DUANE OLSON City Administrator Hedges discussed a request to reconsider approval of Findings of Denial for a 2.5 foot Variance from the required maximum of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road. City Planner Ridley provided background information. Mr. Olson discussed plans for fencing in the front yard of his property, showing photographs of fencing on adjacent properties. Councilmember Carlson moved, Council member Fields seconded a motion to reconsider approval of the Findings of Denial for a 2.5 foot Variance from the required maximum of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road in the NE Y4 of Section 34 at the regular City Council meeting on November 18, 2003. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road. City Planner Ridley gave a staff report. Councilmembers discussed signage regulations. Mayor Geagan suggested that input from the Police Department regarding the appropriate percentage of window signage be provided. The applicant was present and was agreeable to continue discussion ofthe proposed amendment pending additional information from the Police Department. Eagan City Council Meeting Minutes November 6, 2003 Page 6 Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road, legally described as, in the NW v.. of Section 32, to the November 18, 2003 Council meeting: Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (EAGAN DALE CENTER INDUSTRIAL PARK NO. 19) LARSON PROPERTIES City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots on 3.79 acres located at 3000 Denmark Road. City Planner Ridley gave a staff report. The applicant was present to answer questions of Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots on 3.79 acres located at 3000 Denmark Road, legally described as Lot 1, Block 2, Eagandale Center Industrial park No.9, in the NE I;" of Section 10, 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: AI, Bl, and B3. 2. The property shall be platted. 3. A Final Planned Development approval and Agreement will be required prior to development of Lot 1. 4. The pylon sign shall be relocated, so that the pylon sign is located on Lot 2 and satisfies the minimum 10 foot setback prior to final subdivision approval. 5. An easement and shared sign agreement that is acceptable to the City Attorney shall be executed prior to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon sign once Lot 1 develops. 6. An ingress/egress easement benefiting Lot 2 providing ingress and egress over Lot 1 that is acceptable to the City Attorney, shall be executed prior to final subdivision approval. 7. The final plat shall provide for dedication of additional right-of-way as required by Dakota County. ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 11 by adding Pawnshop as a permitted use in the Community Shopping Center (CSC) zoning district. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 11 by adding Pawnshop as a permitted use in the Community Shopping Center (CSC) zoning district. Aye: 5 Nay: 0 LEG ISLA TIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges updated the Council on the status of Senate File 150 regarding legislation that could significantly affect cities' ability to continue to collect cable franchise fees. ADMINISTRATIVE AGENDA Councilmember Carlson requested that regulations regarding signage, accessory buildings and the notification process be discussed at a future work session. Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular Council meeting at 8:30 p.m. and immediately convene a meeting of the Economic Development Authority. Following the Economic Development Authority meeting: Eagan City Council Meeting Minutes November 6, 2003 Page 7 Councilmember Maguire moved, Councilmember Fields seconded a motion to reconvene the regular City Council meeting at 8:35 p.m. VISITORS TO BE HEARD Former City Councilmember Paul Bakken was present and commended the Council. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:40 p.m. Aye: 5 Nay: 0 '/Jf7Lt ~UA 0 (J,cc$ I 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, (TOO 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.