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08/04/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 4, 2003 A regular meeting of the Eagan City Council was held on Monday, August 4,2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Lord. AGENDA The Council received a request for a premise permit for the Eagan's Lion Club to conduct a pull tab operation at Al Baker's. The Council placed the item on the August 19 agenda. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA The Council pulled Consent items G, H, K, L, S, and X Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 15,2003 regular City Council meeting and the July 22, 2003 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Scott Higgins, Denise Griffith, Patrick Trembley, Diane Curry and Debra Henk as part-time fitness attendants/personal trainers at the Community Center. 2. It was recommended to approve the hiring of Judy Goers as the part-time head child care attendant and Abigail Smith and Brian Klekner as part-time assistant child care attendants at the Community Center. 3. It was recommended to approve the hiring of Patrick Myers, Kathleen Kirberger and Mike Kabakov as part-time guest services representatives at the Community Center. 4. It was recommended to approve the appointment of Cynthia Whitacre as a temporary preschool program coordinator. 5. It as recommended to accept the resignation of Sean Lessard, Community Service Officer. 6. It was recommended to approve the formal 2003 Community Center Part-Time Compensation Table. C. Check Registers. It was recommended to ratify the check registers dated July 17,2003 and July 31,2003 as presented. D. Proclamation. It was recommended to proclaim Tuesday, September 23,2003 as Argosy University / Twin 03-45A Cities Day. E. Ordinance Amendment. It was recommended to direct staff to prepare amendments for City Ordinance 2.70, Disposal of abandoned motor vehicles, unclaimed property and excess property, and City Ordinance 10.30, Curfew. F. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication for Chapter II, Section 11.21 to reflect the DNR standards for development/uses within the shore land area for tributaries. G. Holz Farm Master Plan Report. It was recommended to accept project report from the Holz Farm Master Plan complied by Brauer and Associates. PULLED Eagan City Council Meeting Minutes August 4, 2003 Page 2 H. Eagan Greenway Corridor Resource Analysis Report. It was recommended to accept project report for the Eagan Greenway Corridor conducted by the Dakota County Soil and Water Conservation District. PULLED I. Extension for Recording Plat. It was recommended to approve an extension of time to record the Final Plat for Vogelpohl Addition, located at 2099 Silver Bell Road. J. Comprehensive Guide Plan Amendment. It was recommended to implement the comprehensive Guide Plan Amendment for Special Area #4 (Central Area). K. APC Member Resignation. It was recommended to accept the resignation of Advisory Planning Commissioner Huusko. PULLED L. Appointment to APC. It was recommended to appoint Advisory Planning Commissioner Alternate Paul Leeder to fill Member Huusko's vacancy for the remainder of2003. PULLED M. Proiect 771. It was recommended to amend the approved final assessment roll for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal Improvements) and notify Dakota County of the amendment for collection purposes. N. Project 893. It was recommended to receive the Draft Feasibility Report for Project 893 (Diffley Frontage Roads - Street Improvements) and schedule a public hearing to be held on September 2,2003. O. Contract 03-09. It was recommended to approve Change Order #1 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. P. Project 886. It was recommended to authorize a revised scope for Project 886 (Lone Oak Road - Street and Utility Improvements) and revise the preparation of the feasibility report accordingly. Q. Contract 03-04. It was recommended to approve Change Order No. I to Contract 03-04 (TH 55 Frontage Road/Gift of Mary - Street and Utility Improvements) ad authorize the Mayor and City Clerk to execute all related documents. R. Wescott Road and Railroad Crossing Agreement. It was recommended to approve MnDOT Agreement #77143 (Wescott Road and Soo Line Railroad Crossing - Signal & Gates) and resolution authorizing the 03-46 Mayor and City Clerk to execute all related documents. S. Capital Improvement Plan. It was recommended to approve an amendment to the City of Eagan 5-year Capital Improvement Plan for 2004-2008 in response to the Dakota County Transportation Department's draft 2004-2008 Transportation Capital Improvement Plan and authorize City staff to send a letter to County staff supporting the draft plan. PULLED T. Proiect 851. It was recommended to approve Easement Agreement for Project 851 (Town Centre Area - Street & Access Management Improvements) with the owner of Parcel No. 10-22415-0 I 0-0 1 and authorize the Mayor and City Clerk to execute all related documents. U. Service Agreement. It was recommended to approve a Service Agreement with Braun Intertec Corporation and authorize designated City Staff to execute work orders for requested engineering services. V. Contract 03-12. It was recommended to approve the cooperative agreement with the Minnesota Department of Transportation for Contract 03-12 (Trunk Highway 13 and Silver Bell Road - Intersection Reconfiguration), approve said plans and specifications, authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 28, 2003, and authorize the Mayor and City Clerk to execute all related documents. W. Proiect 01-X. It was recommended to acknowledge the completion of Contract Ol-X (Blue Ridge 4th Addition - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. X. Firearms Policy. It was recommended to approve the Policy Prohibiting Firearms at Work. PULLED Y. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for T's Discount Liquor, Inc. located at 3900 Cedar Grove Parkway (formerly Sid's Discount Liquor). Z. Liquor License. It was recommended to approve a change in management on the on-sale wine and beer license for Noodles and Company located at 1340 Town Centre Drive. AA. Liquor License. It was recommended to approve a change in management of the off-sale beer license for Kwik Trip located at 3145 Dodd Road. BB. Civic Arena Operation Budget. It was recommended to approve the 2004 Civic Arena Budget including rates for the 2003-04 season and the acquisition of capital improvements. G. Holz Farm Master Plan Report.-Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct the item a City Council workshop, and directed staff to separate the historic farm projects from the neighborhood park projects. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 4, 2003 Page 3 H. Eagan Greenway Corridor Resource Analysis Report.- The City Council directed the item to a City Council workshop for formal presentation. K. APC Member Resignation. Councilmember Tilley thanked Mr. Huusko for his service on the APC. Councilmember Tilley moved, Councilmember Fields seconded a motion to accept the resignation of Advisory Planning Commissioner Huusko. Aye: 5 Nay: 0 L. Appointment to APC--Councilmember Maguire noted that he would like to discuss the appointment of the APC alternate term, and requested that the Council consider directing staff to research the voting records to determine who would be the next person on the ballot receiving the most number of votes, who could assume the alternate position if he/she so chooses. The Council directed the item to Other Business for further discussion. Councilmember Carlson moved, Councilmember Fields seconded a motion to appoint Advisory Planning Commissioner Alternate Paul Leeder to fill Member Huusko's vacancy for the remainder of 2003. Aye: 5 Nay: 0 S. Capital Improvement Plan.- The City Council directed that the public be notified about the proposed changes to the CIP. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve an amendment to the City of Eagan 5-year Capital Improvement Plan for 2004-2008 in response to the Dakota County Transportation Department's draft 2004-2008 Transportation Capital Improvement Plan and authorize City staff to send a letter to County staff supporting the draft plan. Aye: 5 Nay: 0 X. Firearms PolicY.-Councilmember Tilley noted her support of the policy. Councilmember Maguire noted the policy applies to employees of the City of Eagan. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Policy Prohibiting Firearms at Work. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - MARK AND PEGGY ETCHISON City Administrator Tom Hedges introduced this item regarding a request for an 8 foot variance to the minimum 30 foot structure setback from a public right-of-way for an accessory structure to allow construction of an 8' x 12' pool house on property located at 3640 Pinecrest Court. Senior 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 Carlson moved, Councilmember Tilley seconded a motion to approve an 8-foot Variance to the minimum 30-foot structure setback from a public right-of-way for an accessory structure to allow construction of an 8' x 12' pool house on property located at 3640 Pinecrest Court, legally described as Lot 17, Block 1, Pinecrest of Eagan, in the SW Y. of Section 15. Aye: 5 Nay: 0 PROJECT 883, BEECHER DRIVE / CLEARVIEW ADDITION STREET LIGHTING IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 883. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Eagan City Council Meeting Minutes August 4, 2003 Page 4 Two residents voiced their support of the project. There being no further public comment, Mayor Geagan 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 883 (Beecher Drive / Clearview Addition - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 801, SLIVER BELL ROAD - STREET IMPROVEMENTS PARCEL 10-22450-020-01 FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 801 (Silver Bell Road - Street Improvements). Public Works Director Colbert 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 Carlson moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll of $22,550.80 for Project 801 (Silver Bell Road - Street Improvements, Parcell 0-22450-020-0 1) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 V ACA TE PUBLIC RIGHT OF WAY - ALDER LANE City Administrator Hedges discussed this item regarding a request for right of way vacation which had been continued from the July 15th City Council meeting. Public Works Director Colbert gave a staff report. Mayor Geagan recognized the applicant, Ms. Doris DaWine. Ms. Dahline presented an overview of her request to the City Council, noting the following wishes: 1.) To have the right-of-way vacated; 2.) She likes the appearance of her private drive and will accept the City's actions; 3.) She desires privacy; 4.) She is requesting a 15- foot driveway to meet City standards; 5.) She is requesting a surmountable drive-over curb; and 6.) She is requesting a private-drive sign. The City Council discussed Ms. Dahline's request. The City Attorney presented a first amendment to right of first refusal and option agreement, which stated that any conveyance of the property would include any vacated right-of-way, but the price to the seller shall be determined as if the right-of-way had not been vacated. Councilmember Maguire moved, Councilmember Tilley seconded a motion to: 1.) Approve the vacation of a portion of Alder Lane adjacent to Lot 9, Block 1 Langhoven Addition including the extension of the private driveway, contingent on the property owner being responsible for the maintenance of the private drive; 2.) Approve the City's retention of all necessary public drainage and utility easements; and 3.) Approve an amendment to the existing Right of First Refusal and Option Agreement and authorize Mayor and City Clerk to execute all related documents. Aye: 3 Nay: 2 Councilmembers Fields and Carlson opposed. (FAILED due to lack of the required 4/5 super-majority vote) NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - HOBBY ZONE City Administrator Hedges introduced this item regarding a Planned development to allow the outside race track to be uncovered at all times and to allow a 3' x 6' sign describing the purpose of the track on property located at 1960 Cliff Lake Road. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes August 4, 2003 Page 5 The applicant addressed the City COlUlCil. The City Council discussed the applicant's request. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Planned Development Amendment to allow the outside race track to be uncovered at all times on property located at 1960 Cliff Lake Road in the SW v.. of Section 29, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County within 60 days of approval. 2. A fence shall be installed at the rear of the track for separation purposes. 3. Stone pavers shall be installed along the edge of the viewing stand as indicated on plans dated June 18, 2003. 4. Mulch shall be placed in the planting beds. 5. Landscape restoration shall occur on site. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a Planned Development Amendment to allow a 4' x 6' sign describing the purpose of the track on property located at 1960 Cliff Lake Road in the SW v.. of Section 29. Aye: 5 Nay: 1 (Carlson opposed) PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator Hedges introduced this item regarding a planned development amendment to allow a maintenance building within a utility easement on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. The applicant, representing Eagan Hotel Group, LLC (Days Inn) addressed the City Council. The City Council discussed the easements that exist on the property. The City Coun~il recessed at 8:10 p.rn. in order for the applicant to confer with the City's legal staff regarding easements on the property. The City Council reconvened at 8:30 p.rn. The City Council further discussed the applicant's request that the City waive the contractual obligation for trail installation. The applicant noted that access to the manholes on the property could be achieved via grading and turf placement. The applicant stated she is willing to provide access to reach utilities. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue the item to the August 19 City Council meeting to allow the applicant and staff the opportunity to review the landscape plan and determine whether it impedes utility access, and to send a letter of continuance to the applicant. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - SAM'S WEST, INC. City Administrator Hedges stated the applicant had requested that this item be continued. Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration to the August 19, 2003 Council meeting of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east ofI-35E in the NE Y. of Section 10. Aye: 4 Nay: 1 (Carlson opposed) INTERIM USE PERMIT - DUKE REALTY CORPORA nON City Administrator Hedges stated the applicant had requested that this item be continued. Eagan City Council Meeting Minutes August 4, 2003 Page 6 Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of an Interim Use Permit to allow additional outdoor tractor trailer / truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road to the August 19 City Council meeting. Aye: 5 Nay: 0 REZONING - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a request for a rezoning from Agriculture to R-4, Residential Multiple upon approximately eight acres located at 1560 Yankee Doodle Road. Senior Planner Ridley gave a staff report. The applicant presented his request to the City Council. The City Council discussed the rezoning request, and inquired about a conservation easement for the wetlands on the property. The Council also discussed the historic value of the house currently on the property. The applicant noted that the conservation easement has been prepared and would be recorded with the plat. The applicant stated he would provide the house to the City at no cost, provided the City paid all moving costs, but that he has no intention at this time of retaining the house. The applicant added that if the rezoning is approved, he anticipates development to begin in approximately three months. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning from Agriculture to R-4, Residential Multiple upon approximately eight acres located at 1560 Yankee Doodle Road, located south of Yankee Doodle Road and east of Coachman Road in the NW Y. of Section 16. Aye: 5 Nay: 0 PRELIMINARY AND FINAL SUBDIVISION (CEDAR GROVE P ARKW A Y) CITY OF EAGAN City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision to create two lots and dedicate public rights-of-way, on 6.03 acres located south of Silver Bell Road at the intersection with Cedar Grove Parkway. Senior Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary and Final Subdivision (Cedar Grove Parkway) to create two lots and dedicate public rights-of-way, on 6.03 acres located 03-47 south of Silver Bell Road at the intersection with Cedar Grove Parkway, in the NE Y. of Section 19 and NW '/4 of Section 20, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. Lot 1, Block 1, shall be subject to cash park and trails dedications at the time of development. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE FAA Reauthorization Bill The City Council discussed the provision that was recently made to the FAA Reauthorization Bill that would bar airports from seeking federal Airport Improvement Program (AlP) funds for noise mitigation outside of the 65 db DNL. Councilmember Carlson moved, Councilmember Tilley second a motion to direct staff to send a letter to each member of the Minnesota Congressional delegation voicing opposition to the provision, and also copy the letter to cities surrounding the MSP airport. Aye: 5 Nay: 0 The Council directed that a letter be sent to the executive director ofN.O.I.S.E., thanking the lobbying firm for the communication and organization that they have provided on this issue. Eagan City Council Meeting Minutes August 4, 2003 Page 7 Blackhawk Road--Silver Bell/Deerwood Stop Signs Public Works Director Colbert noted that traffic counts are currently underway at the intersections of Silver Bell Road and Blackhawk Road, as well as Deerwood A venue and Blackhawk Road. Ring Road Update Mayor Geagan noted that he, City Administrator Hedges, and Public Works Director Colbert met at Lockheed Martin with Senator Coleman and his staff. They ran out of time for discussions, but agreed to set a follow-up meeting to discuss funding options for the ring road overpass. COMMUNITY CENTER UPDATE City Administrator Hedges gave a brief update on Community Center activities, including plans for the September 27 Grand Opening celebration. ADMINISTRATIVE AGENDA MVTA FACILITY BUS GARAGE Planner Ridley gave a staff report on the proposed MVT A bus garage to be located on Highway l3 at Blackhawk Road. Councilmember Tilley moved, Councilmember Fields seconded a motion to send a letter of support to the Metropolitan Council, provided the following conditions are met: 1.) An environmentaVconservation easement is acquired on the specific parcel in order to protect the natural state of the ash fill. 2.) All negotiations related to the Adelmann property are to be conducted by the Metropolitan Council 3.) The letter of support being provided to the Met Council shall not be used for negotiation purposes with the Adelmanns. Aye: 5 Nay: 0 MASSAGE THERAPY LICENSE REIMBURSEMENT The City Council discussed the reimbursement request received, and directed that the City not reimburse the license holder, as she paid the correct fee at the time the application was sought. CAPONI LAND ACQUISITION STUDY COMMITTEE STRUCTURE AND CHARGE The City Council discussed the formation of a study committee to explore the possibility of acquiring a portion of the Caponi property. The Council directed that Councilmembers Maguire and Carlson serve on the committee. Councilmember Maguire stated he would get the proposed committee structure to the City Administrator for distribution to the City Council. CITY COUNCIL WORKSHOP Councilmember Fields moved, Councilmember Tilley seconded a motion to set Special City Council meetings on: Tuesday, August 12 at 5PM and Tuesday, August 26 at 5:30 PM (budget workshop). Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 4, 2003 Page 8 BI-WEEKLY RECYCLING Upon hearing from a representative of Waste Management regarding single sort, bi-weekly recycling, the City Council directed that an informational meeting be held on single sort recycling, and that a letter be sent to all trash/recycling haulers to notice them about the meeting. The regular City Council meeting was temporarily adjourned at 10:20 p.m. and a meeting of the Economic Development Authority was immediately convened. Mayor Geagan reconvened the regular City Council meeting at 10:25 p.m. OTHER BUSINESS The City Council further discussed the APC appointment process. At the suggestion of Mayor Geagan, the City Council directed the item to the August 12 City Council Workshop for further discussion on: 1.)The current APC vacancy; 2.) The process to take in future commission appointments and vacancies; and 3.) The ordinance amendment prepared by the City Attorney's office regarding the dismissal of a commissioner and the commission appointment process. The City Council directed the City Administrator to contact the person receiving the most votes, after Mr. Paul Leeder, to inquire whether he or she would still be interested in serving on the APe. RESOLUTION APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT WITH DELTA DEVELOPMENT, INC. TO U.S. HOME CORPORATION Mayor Geagan moved, Councilmember Fields seconded a motion to adopt a Resolution approving assignment of development agreement with Delta Development, Inc. to U.S. Home Corporation. Aye: 4 Nay: 0 (Tilley absent) 03-48 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Coundlmembe, Magui,e moved, Couneilmembe, :ey leonded a m~in :0 adjornn tbe meeting at 10,25 /J7.M(L, J:I'{ U ~ Date D pu~ ity Clerk ( 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). p.m. 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.