Loading...
06/17/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 17,2003 A regular meeting of the Eagan City Council was held on Tuesday, June 17,2003 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 Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS K-9 RECOGNITION Police Chief Kent Therkelsen introduced Officers Bob Wagner and Dan Tocko along with their K-9 partners Cody and Gunnar. He outlined the contributions made to the community by K-9 teams, showing a brief video. He stated that Cody will be retiring from the Police Department. Gunnar is the newest member of the department and was extended a warm welcome. CONSENT AGENDA Mayor Geagan pulled items Wand X. Councilmember Tilley 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 June 3, 2003 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Larry Pierce, utility maintenance worker. 2. It was recommended to accept the resignation of Bob Kriha, utility construction inspector. 3. It was recommended to approve the 2003-2004 collective bargaining agreement with the dispatcher bargaining unit (Law Enforcement Labor Services, Inc.) 4. It was recommended to approve the transfer of the Burnsville/Eagan Cable Coordinator position from the payroll/personnel system of the City of Eagan to the payroll/personnel system of the City ofBurnsville. C. Check Registers. It was recommended to ratify the check registers dated June 5, 2003 and June 12, 2003 as presented. D. Service Station Permits. It was recommended to approve 2003/2004 Service Station Permits for the following: Oasis Markets #5677, #5685, #518, #594, #576, #590, #357 and Cedarvale Texaco Food Mart. E. Amusement Device License Renewals. It was recommended to approve 2003/2004 Amusement Device License Renewals for D.V.M, Inc. and AWE Vending and Amusements, Inc. Eagan City Council Meeting Minutes June 17,2003 Page 2 F. New Massage Therapy Establishment Business License. It was recommended to approve a new Massage Therapy Establishment Business License for David and Marjorie Ragsdale (dba Keep in Touch of Eagan) to be located at 3424 Denmark Avenue. G. Premise Permit Renewal. It was recommended to adopt a resolution approving a Premise Permit Renewal for Eagan Hockey Association to sell pull tabs at the Cherokee Sirloin Room H. Off-Sale Beer License. It was recommended to approve the Off-Sale Beer license for RBF Corporation of Wisconsin, dba Rainbow Foods, 1276 Town Centre Drive. Joint Powers Agreement. It was recommended to approve the Joint Powers Agreement with Dakota County to Fund Jointly with other Cities the Dakota County Wetland Health Evaluation program in 2003. Contract 03-09. It was recommended to receive the bids for Contract 03-09, award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. K. Contract 03-09. It was recommended to approve a Wetland Conservation Act Permit for Contract 03-09 and authorize the Mayor and Clerk to execute all related documents. L. Land Purchase Agreement. It was recommended to approve a land acquisition purchase agreement with Blue Cross Blue Shield - Minnesota and authorize the Mayor and City Clerk to execute all related documents. M. Contract 03-01. It was recommended to receive the bids for Contract 03-0 I (Town Centre Area- Street & Access Management Improvements), award the contract to McNamara Contracting Inc., for the total base bid in the amount of $957,326.94, and authorize the Mayor and City Clerk to execute all related documents. N. Contract 02-17. It was recommended to approve Change Order No.1 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. O. Federal Funding Application. It was recommended to authorize the firm of Bonestroo, Rosene, Anderlik and Associates to prepare a Federal Funding Solicitation Application for State Trunk Highway (TH) 149 from TH 55 to Wescott Road. P. Contract 02-10. It was recommended to approve Change Order No.3 to Contract 02-10 (Dodd Road - Diffley Road to Wescott Road Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Project 02-1. It was recommended to acknowledge the completion of Contract 02-I (Olson Burger Addition - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. R. Lot L Block L Hawthorne Woods 3rd Addition Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on July 15,2003. S. Transportation Capital Improvement Plan. It was recommended to approve a resolution requesting inclusion of all County Highway segments included in the approved City of Eagan: year Capital Improvement Plan for 2004-2008 in the Dakota County 2004-2008 Transportation Capital Improvement Plan and authorize the Mayor and City Clerk to execute all related documents. T. Traffic Signal Light Replacement. It was recommended to approve payment for replacement of traffic signal lights to Dakota County Highway Department in the amount of $6,205. U. Findings of Fact. It was recommended to confirm the Findings of Fact, conclusions and Resolution of Denial of the Comprehensive Guide Plan Amendment request of Mark Gergen and Associates to change the land use designation of approximately six acres platted as Lots I and 2, Cedar Ridge 2nd Addition, from O/S, Office Service, to MD Medium Density residential, locate in the northwest ~ of Section 30. 1. J. 03-38 03-39 03 -40 Eagan City Council Meeting Minutes June 17,2003 Page 3 V. Agreement - Copy Machines. It was recommended to approve an agreement with Savin Corp. to lease new copy machines for City Hall. W. On-Sale Liquor and Sunday License. Pulled X. Rotary Club Donations. Pulled y. Right of Way Vacation. It was recommended to receive the petition to vacate public right of way and schedule a public hearing to be held on July 15,2003. W. On Sale Liquor and Sunday License. Mayor Geagan introduced Al Baker and thanked him for his contribution to the community during the past 23 years. Mr. Baker introduced Daniel Gavin who will be the new owner / operator of Al Baker's Restaurant. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve on-sale Liquor and Sunday License for Daniel Gavin, dba Al Baker's Restaurant, 3434 Washington Drive. Aye: 5 Nay: 0 X. Rotary Club Donations. City Administrator Hedges discussed the "Outstanding Public Safety Award" of the Rotary Club to a member of the Eagan Police and Eagan Fire Departments in recognition of outstanding public service. He stated as part of the recognition, the Rotary Club is donating $500 to the Police Department and $500 to the Fire Department. Mayor Geagan thanked the Rotary Club for their generous contribution. Councilmember Fields moved, Councilmember Tilley seconded a motion to accept a donation from the Eagan Rotary. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 801, SLIVER BELL ROAD STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for 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 Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 801 (Silver Bell Road - Street Improvements) and authorize its certification to Dakota County for collection excepting Parcel 10-22450-020-01. Aye: 5 Nay: 0 PROJECT 809, BLUE GENTIAN ROAD - STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Blue Gentian Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. One resident questioned if his property would be part of the assessment roll. Public Works Director Colbert stated the property would not be assessed. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes June 17, 2003 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 809 (Blue Gentian Road - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 VARIANCE - DELORES COOK-DUBRU City Administrator Hedges introduced this item regarding a request for a five foot front yard setback variance to construct a covered porch on the front of a single family dwelling at 625 Greenleaf Drive North. Senior 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 Carlson moved, Councilmember Maguire seconded a motion to approve a five foot front yard setback variance to construct a covered porch on the front of a single-family dwelling at 625 Greenleaf Drive North, legally described as Lot 11, Block 1, South Oaks, located in the SE ~ of Section 25. Aye: 5 Nay: 0 LOT 11, ZEHNDER ACRES - EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public easement within Lot 11, Zehnder Acres. 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 Tilley moved, Councilmember Fields seconded a motion to approve the vacation of public easement within Lot 11, Zehnder Acres and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS STAFFORD PLACE - PERMIT PARKING City Administrator Hedges discussed this item regarding a petition submitted requesting Council to rescind their May 20, 2003 action of expanding the parking by permit only on the mailbox side of V entnor Avenue. Catherine and Dennis Sable of V entor Avenue asked that no additional restrictions be implemented from New York Avenue east to States Avenue. They explained that the parking restriction will be a major inconvenience for them. Candice Lynch of Vent or Avenue also expressed her objection to the parking restrictions. Councilmembers discussed the request for reconsideration of their May 20,2003 action and agreed that their previous action should stand. Eagan City Council Meeting Minutes June 17,2003 Page 5 ORDINANCE AMENDMENT - CHAPTER 5, SECTIONS 5.32AND 5.57 City Administrator Hedges introduced this item regarding an ordinance amendment to City Code Chapter 5 regarding temporary beer and liquor license regulations. He discussed a proposal made by the CAPE Group (Changing Alcohol Polices at Events). The CAPE group met with Council at a previous special Council work session. The clarity of number 6 under Section 5.60, Subdivision 2 regarding the specific area to be designated for the sale of alcohol was discussed by Council, the City Attorney and staff. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to City Code Chapter Five by amending Sections 5.32 and 5.57 and add Section 5.60 regarding temporary beer and liquor license regulations. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE LAND USE AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) - BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a low density residential land use guide plan designation on 6.4 acres of land located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Maguire seconded a motion to direct that a Comprehensive Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located t 4880 Pilot Knob Road in the SW ~ of Section 34, be submitted to the Metropolitan Council for review and approval. No vote. Discussion was held among Councilmembers, staff and Brian Olson, developer, regarding the proposed project being adjacent to park property that is used for soccer fields. This situation could possibly create problems for soccer players and residents regarding the retrieval of stray soccer balls. It was agreed that submission ofthe Comprehensive Guide Plan Amendment be continued to allow Mr. Olson time to address the possibility of a berm, additional trees for screening and lor a recreation easement for his proposed development. Mr. Olson requested a continuance to the next meeting. Senior Planner Ridley suggested that Mr. Olson contact the Parks and Recreation Department operations staffto discuss the issue.. Councilmember Tilley withdrew her previous motion for submittal of the Comprehensive Plan Amendment to the Metropolitan Council. Councilmember Maguire concurred. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of a Comprehensive Plan Amendment for land located at 4880 Pilot Knob Road to the July 1, 2003 Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 17,2003 Page 6 PRELIMINARY SUBDIVISION (GREYHA WK 2ND ADDITION) MARK GERGEN AND ASSOCIATES City Administrator Hedges introduced this item regarding a preliminary subdivision and planned development amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision and Planned Development Amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E in the SE ~ of Section 20 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, B3, B4, Cl, C2, C4, Dl, and El. 2. The property shall be platted. 3. A Planned Development Amendment Agreement shall be executed prior to final subdivision approval documenting the change in the site layout and the deviation allowed for the deck setbacks. 4. The developer shall prepare new Association documents that reference the new legal descriptions of the property and apportion ownership of Outlots A, B, and C to the other lots within the development. The Association documents shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 5. The developer shall install landscaping in accordance with the landscape plan dated November 25,2003, signed June 11,2003, including 21 six-foot balled and burlapped upright techny arborvitae along the northeast boundary of the development (behind Lots 8-16, Block 4). 6. The developer shall provide grading and a storm drainage system designed to direct storm drainage to the south away from the Lakewood Townhomes property. 7. The developer shall prepare a conservation easement document covering the north l5feet of Lots 8-16, Block 4, prohibiting alteration of that berm area between Greyhawk 2nd Addition and Lakewood Townhomes. PRELIMINARY SUBDIVISION (SODERHAOLM 2ND ADDITION) AND A PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a preliminary subdivision and a planned development amendment at 4155 Lexington Way. Senior Planner Ridley gave a staff report. Kurt Manley of Manley Land Development was present to answer questions. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two commercial lots and a Planned Development Amendment to allow for an office at 4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval a adopted by Council on February 2, 1993: AI, Bl, 2,3,4, Cl, 2, 4 Dl, E1. 2. The property shall be platted. 3. The Planned Development Amendment Agreement must be signed and recorded prior to issuance of a building permit. Eagan City Council Meeting Minutes June l7, 2003 Page 7 4. Cross easements providing for vehicle circulation shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 5. A revised Landscape Plan reflecting the suggested changes be submitted with Final Subdivision application. 6. A revised Lighting Plan reflecting the suggested changes shall be submitted with Final Subdivision application. 7. Any rooftop equipment shall be screen from view of all public right-of-way and private streets bordering the property to the south. 8. The trash enclosure shall be attached to the principle building and be constructed of similar materials and of a similar design and color to that of the principle building. 9. All signage shall meet the requirements of the City's Sign Ordinance. 10. Provide a trailway easement in a form acceptable to the City Attorney and construct a sidewalk on the east side of Lexington Way. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY PLANNED DEVELOPMENT-NORHTWOODPOND DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation within the Special Area from O/S, Office Service to MD, Medium Density on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E. Senior Planner Ridley gave a staff report, stating that Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council and formal action on the associated Preliminary Planned Development should be withheld until the Metropolitan Council has approved and the City has implemented the proposed Comprehensive Guide Plan Amendment. Senior Planner Ridley discussed the Advisory Planning Commissions reasons for recommendation of denial. Mark Parranto, Delta Development, discussed the proposed townhome development. Councilmembers were in agreement that the land designation should remain commercial. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to draft Findings of Fact, Conclusions, and Resolution on the Comprehensive Guide Plan amendment to change the land use designation of 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges provided an update on activities at the Community Center. LEGISLATIVE / INTERGOVERNMENTAL AFF AIRS UPDATE City Administrator Hedges stated that he, Mayor Geagan and Councilmember Maguire will be attending the League of Minnesota Cities Annual Conference in St. Cloud June 18 through June 20, 2003. Eagan City Council Meeting Minutes June 17,2003 Page 8 ADMINISTRATIVE AGENDA COMMUNITY DEVELOPMENT DIRECTOR INTERVIEWS City Administrator Hedges discussed the interview process for the Community Development Director position. He suggested that the interviews be scheduled at 3:30 p.m. on June 24, 2003 prior to the Special City Council Work Session scheduled for 5:30. Counci1member Tilley moved, Counci1member Fields seconded a motion to schedule June 24, 2003 at 3 :30 for a Special City Council meeting for the purpose of interviewing final candidates for the Community Development Director position. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to temporarily adjourn the regular City Council meeting at 8:10 p.m. to immediately convene a meeting of the Economic Development Authority. Councilmember Tilley moved, Councilmember Maguire seconded a motion to reconvene the regular City Council meeting at 8:13 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Carlson moved, Councilmember Maguire seconded a motion to adjourn the meeting at 8:15 p.m. !}!M.i. /~ ~M3 Date ~OJ1Jti~ 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.