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04/01/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April!,2003 A regular meeting of the Eagan City Council was held on Tuesday, April 1, 2003 at 6:30 p.rn. 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, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the March 18, 2003 regular City Council meeting, the March 18,2003 Listening Session and the March 5,2003 City Council retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Brian Kruckow as a full-time custodian/maintenance worker at the Community Center. 2. It was recommended to approve the hiring of Charles Russell and David Colgan as part-time custodian/maintenance workers at the Community Center. 3. It was recommended to approve the hiring of Heidi Sedlacek, Lynette Bauer, Ellen Wiggins-Odean, Aaron Tinklenberg and Jessica Kropelnicki as part time managers on duty at the Community Center. 4. It was recommended to approve the hiring of Treva Townsend, Ellen Wiggins-Odean, John Sealey, Michele Brinkhaus and Michele Filipczak as part-time guest services representatives at the Community Center. 5. It was recommended to approve the hiring of Kristin Fleming, Sara Swanson, Brandon Halverson, Becky Gordon, Laura Harvey, Stephanie Dauphin, Corey Bums, Cody Knutson, Alyssa Myhre, Elisa Swenson, Mike Mason, Matt Spurr and Angela Knoll as Cascade Bay seasonal staff for 2003. 6. It was recommended to approve the hiring of Dave Junkers, Robert Rausch, Ryan Rausch, Delbert Keene, Roy Prudence, Ryan Neumann, Grant Gilbertson, Kathryn Love, Richard Lemma, Dan Myers, Luke Selby, Tammy Sullivan, Tom Irvin, Kevin Weber, Frank Lacer, Anthony Davis, Al Watcher, Andrew Kop pang, Jeffrey Broker, Bryon Seppamaki, Benjamin Koenke, Brian Banaszewski, Gordon Dentinger, Lynn Streefland, Dave Streefland, Leroy Rother, Jake Loesch, Kellie Grimm, Alexix Drews, Jon Steining, Dave Guenther, Anthony Casalenda, Dan Kriha, Brina Hopkins, Christopher Hoffinan, Richard Sullivan, Jason Wheeler, Peter McIlhon, Cody Kleinboehl, Glen Smith, Adam Keeler and Jacob Nicklay as Park Maintenance seasonal staff for 2003. 7. It was recommended to approve the hiring of Mike Sombrio as a seasonal tree inspector in the Forestry Division. 8. It was recommended to approve the hiring of Gene Bacon as a seasonal forestry technician in the Forestry Division. 9. It was recommended to approve the hiring of Jim Rusch, Chris Wernick, Ryan Teskey and Aaron Guetzlaff as seasonal landscape laborers in the Forestry Division. 10. It was recommended to approve the hiring of Tom Struve as Street Superintendent to replace a vacancy due to the retirement of Arnie Erhart. C. Check Registers. It was recommended to ratify the check registers dated March 20,2003 and March 27, 2003 as presented. D. Parade Permit and Shows License. It was recommended to approve a Parade Permit for a parade to be held July 4th and a Shows License for a carnival to be held at the community park July 1-6,2003 for the 4th of July Committee. E. Commercial Fertilizer Licenses. It was recommended to approve 2003 new Commercial Fertilizer License for Davey Tree, 1500 N. Mantau St, Kent, OH; and approve 2003 Commercial Fertilizer License renewal for AAA lawn Service, 15208 Cy. Rd. 5, Burnsville, MN. F. Tree Contractor License renewals. It was recommended to approve 2003 Tree Contractor License renewals for Ciardelli Tree and Landscaping, 12441 Coffee Trail, Rosemount, MN, and Davey Tree, 2500 Fernbrook Lane, Kent, Ohio. Eagan City Council Meeting Minutes April 1, 2003 Page 2 G. Motorized Golf Cart Application. Pulled for discussion H. New Tobacco License Application. It was recommended to approve 2003 New Tobacco Licenses for Bonfire Restaurant, 1555 CliffRoad and K-Liquor, 1274 Lone Oak Road. I. Mutual Aid Police Assistance Agreement. It was recommended to approve an updated Police Mutual Aid Agreement between neighboring law enforcement agencies. J. Certification of Delinquent Utilities. It was recommended to set a Public Hearing date for May 6,2003 for the certification of delinquent utility bills to Dakota County for collection with property taxes. K. Certification of Delinquent False Alarm Bills. It was recommended to set a public hearing for May 6, 2003 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. L. Certification of Delinquent Weed Cutting Bills. It was recommended to set a public hearing for May 6, 2003 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. M. Off-Sale Liquor Licensee Name Change. It was recommended to approve an off-sale liquor licensee name change from MGM Spirits Express, Inc. to MGM Wine & Spirits, Inc. N. Moonshine Park Shoreline Habitat Program Grant Application. It was recommended to endorse application to Minnesota Department of Natural Resources and support plan for Shoreland Habitat Improvement Project at Moonshine Park. And concurrently designate the Moonshine Park Shoreland Habitat Project as Eagan's second Water Resources Demonstration Project. O. Final Subdivision. It was recommended to approve a Final Subdivision (Vogelpohl Addition) to create two 10ts on approximately 5.3 acres consisting of Lots 3, 4, and 5, Silver Bell Addition, located at 2099 Silver Bell Road in the SE y,. of Section 18. P. Final Subdivision. It was recommended to approve a Final Subdivision (Natures Edge 2nd Addition) to create three lots on approximately 1.48 acres located west of Dodd Road and south of Cliff Road in the NW y,. of Section 36. Q. Assistance to Firefighters Grant. It was recommended to authorize the submittal of a grant application for the Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency (FEMA). R. Contract 03-04. Pulled for separate vote S. Duckwood Drive - No Parking. It was recommended to approve a resolution to prohibit parking on Duckwood Drive between Pilot Knob Road and Denmark A venue and authorize the Mayor and City Clerk to execute all related documents. T. Denmark Avenue - No Parking. It was recommended to approve a resolution to prohibit parking on Denmark Avenue between Duckwood Drive and Tamarzac Point and authorize the Mayor and City Clerk tl execute all related documents. U. 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 May 6, 2003. V. Drainage and Utility Easement. It was recommended to approve an Easement Agreement for Drainage and Utility Purposes with the State of Minnesota for Parcel 10-03100-010-02 (2070 Cliff Road) and authorize the Mayor and City Clerk to execute all related documents. W. Removed from Agenda. X. Proiect 751 R. It was recommended to approve an Engineering, Construction and Right-of-Way Acquisition Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street & Utility ImprovementsO with the Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. y. Lease. It was recommended to approve Convention and Visitor's Bureau Lease for Community Space. Z. Contract 03-01. It was recommended to receive the bids for Contract 03-01, Town Centre Area - Traffic Signal Improvements), award contract to ACT Electronics or a controller cabinet and cabinet equipment in the amount 0[$8,423.05, award a contract to Traffic Control Corporation for an Econolite controller unit in the amount of$2,765.00, authorize Dakota County Highway Department to acquire a controller cabinet and cabinet equipment and authorize the Mayor and City Clerk to execute all related documents. AA. Purchase Offers. It was recommended to accept purchase offers for City-owned homes at 2246 Clark Street, and 4185 Strawberry Lane. BB. Transfer of Funds. It was recommended to approve the transfer of $2000 from the General Fund to the Civic Arena Fund as the City's contribution to the Get Jobs lob Fair. 03-15 03-l6 03-17 03-18 Eagan City Council Meeting Minutes April 1, 2003 Page 3 Cc. Service Agreement. It was recommended to approve a one-year water meter reading service agreement with SL-Serco, with an option for a second year. DD. Contract 01-14. It was recommended to approve the final payment for Contract 01-14 (July 2000 Storm Mitigation Improvements) in the amount of$21,847.33 to Lametti & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. EE. Burnsville/Eagan Community Television V 01unteer Appreciation Day. It was recommended to proclaim Thursday, April 3, 2003 as Burnsville / Eagan Community Television Volunteer Appreciation Day. FF. Space Day. It was recommended to proclaim May 1,2003 as Space Day in the City of Eagan. GG.2002 Public Safety Dispatch Agreement. It was recommended to approve the 2003 Public Safety Dispatch Agreement. HH. 2003 Parks and Recreation CIP. It was recommended to approve 2003 Parks CIP and Guidelines for 2004- 2008. II. National Day of Prayer. It was recommended to proclaim May 1,2003 as National Day of Prayer. n. Town Centre Drive - No Parking. It was recommended to approve a resolution to prohibit parking on Town Centre Drive between Duckwood Drive and Denmark A venue and authorize the Mayor and City Clerk to execute all related documents. KK. Cash Water Quality Dedication Fee for 2003. It was recommended to increase excavation rate used to calculate cash water quality dedication fees from $3.00 to $4.50 per cubic yard. LL. Verizon Telecommunications Lease Amendments. It was recommended to approve the telecommunication lease agreement amendments with Verizon Wireless for antenna installations on the Deerwood, Yankee, and Southern Lakes Water Reservoirs and authorize the Mayor and City Clerk to execute all related documents. MM. Consumption and Display Application. It was recommended to approve the renewal of a consumption and display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. NN. Consumption and Displav Application. It was recommended to approve the renewal ofa Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 G. Motorized Golf Cart Application. A 2003 Motorized Golf Cart application for Michael Krolick, 1059 Hummingbird Lane. City Administrator Hedges explained the request of Michael Krolick for a license to drive a motorized golf cart. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Motorized Golf Cart application for Michael Krolick. Aye: 5 Nay: 0 R. Contract 03-04. Plans and specifications for Contract 03-04 (TH55/Gift of Mary - Street & Utility Improvements) and authorization for the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 1, 2003. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the plans and specifications for Contract 03-04 (TH 55/Gift of Mary - Street & Utility ImprovementsO and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 1,2003. Aye: 4 Nay: 1 Tilley opposed OLD BUSINESS INTERIM USE PERMIT - PETER LUND (ROAD EQUIPMENT PARTS CENTER) This item was continued to the May 20, 2003 Council meeting. 03-19 03-20 01-21 03-22 Eagan City Council Meeting Minutes April 1, 2003 Page 4 CONTRACT 03-09, COACHMAN WATER TREATMENT PLANT (EXPANSION AND MODIFICATION) City Administrator Hedges discussed this item regarding expansion of the Coachman Water Treatment Plant. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the plans and specifications for Contract 03-09 (Coachman Road Water Treatment Plant, Expansion and Modification) and authorize the advertisement for a bid opening to be held at 11:00 a.ill. on Thursday, May 22,2003. Aye: 5 Nay: 0 NEW BUSINESS INTERIM USE PERMIT - BEAUTIFUL SAVIOR LUTHERAN CHURCH City Administrator Hedges introduced this item regarding an Interim Use Permit to allow temporary outdoor storage and use of Recreational Vehicles in the Beautiful Savior Lutheran Church parking lot located at 4150 Pilot Knob Road. Senior Planner Ridley gave a staff report. Darrell Isebrand, representing Beautiful Savior Church, discussed the Builders for Christ volunteer organization that will be building an addition to the Beautiful Savior Lutheran Church, explaining that the volunteers travel and live in recreational vehicles. Councilmembers discussed the issue of setting a precedent by allowing such an interim use permit. Additional conditions were discussed regarding no children being allowed on the site and no bon fires. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow temporary outdoor storage and use of Recreational Vehicles in the church parking lot 10cated at 4150 Pilot Knob Road; subject to the following conditions: 1. This Interim Use Permit shall allow outdoor storage of up to12 recreational vehicles. 2. The Interim Use Permit shall terminate on September 15,2003 (6 months). 3. The R V storage shall occur in the parking lot area closest to the west and south sides of the existing church. Church shall work with Planning staff regarding feasibility to park against berm until parking lot is expanded. 4. The interim use permit shall be subject to an administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. Water, sewer and electrical connections must be approved by the City prior to connection. 6. The church shall provide an on-site parking plan illustrating how parking needs will be addressed on-site during construction. Eagan City Council Meeting Minutes April 1, 2003 Page 5 7. The IUP shall be recorded at Dakota County prior to issuance of any building permit or outdoor storage occurring. 8. No children shall be allowed on the site. 9. No bon fires shall be permitted on the site. Aye: 2 Nay: 3 Geagan, Fields, Maguire opposed. Motion Failed Councilmember Fields moved, Councilmember Maguire seconded a motion to direct the City Attorney to draft Findings of Fact for Denial for an Interim Use Permit to allow temporary outdoor storage and use of Recreational Vehicles I the church parking lot located at 4150 Pilot Knob Road. . Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT (HOLLYWOOD VIDEO) City Administrator Hedges introduced this item regarding a Planned Development Amendment to increase the allowable building signage on the retail building 10cated at 2020 Cliff Road. Senior Planner Ridley gave a staff report. Greg Gallis, representing Hollywood Video, discussed the proposed signage, stating his company would be willing to trade the pylon sign for increased building signage. Councilmembers discussed the need for consistency within the Planned Development. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare Findings of Fact for denial of a Planned Development Amendment to increase the allowable building signage on the retail building located at 2020 Cliff Road. Aye: 4 Nay: 1 Maguire opposed WINTER TRAIL MAINTENANCE PROGRAM City Administrator Hedges introduced this item regarding the Winter Trail Maintenance PlanIPolicy for 2003-2004. Public Works Director Colbert gave a staff report, discussing citizen petitions, citizen requests and additional considerations. Discussion was held regarding the various requests, petitions and considerations. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of Citizen Petition #1 by residents of Gramercy Park Eagan for switching plowing from the south side to the north side of Yankee Doodle Road, and the 2nd portion of Citizen Petition #2 pertaining to adding the west side of Pilot Knob Road between Lone Oak and Towerview Road. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny Citizen Petition #2 by residents of the Timberwood Village Seniors community for plowing the interior trials of Pilot Knob Park. Aye: 4 Nay: 1 Maguire opposed. Councilmember Tilley moved, Councilmember Fields seconded a motion to deny Citizen Request #1 to add plowing of the trailway on the north side of Skyline Drive immediately east of Highridge Terrace to the entrance of Highview Park. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Additional Consideration # 1 for adding the west and north side of Central Parkway to accommodate pedestrians who may wish to use the services provided by the Community Center. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 1, 2003 Page 6 Councilmember Tilley moved, Councilmember Carlson seconded a motion to delay consideration of adding the north and east side of the new Cedar Grove Parkway segment between Rahn Road and State Highway 13 (Additional Consideration #2) and delay consideration of adding the north side of Silver Bell Road between Cedar Grove Parkway and the entrance to Silver Bell Center (Additional Consideration #3). Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to bring future Winter Trail Maintenance Requests to a Council workshop rather than a regular City Council meeting. Aye: 5 Nay: 0 Director Colbert then informed the Council that this last motion would create a conflict with the current policy and that the Council should consider revising the policy accordingly. Councilmember Fields moved, Councilmember Carlson seconded a motion to amend the Winter Trail Maintenance Policy to require any requests for changes be submitted in writing to the City by April 15t of each year and then scheduled for Council consideration at the next available workshop with formal approval at a subsequent regular Council meeting. Aye: 5 Nay: 0 ORDINANCE AMENDMENT TO EAGAN CITY CODE CHAPTER 5 REGARDING ON-SALE WINE AND BEER LICENSES City Administrator Hedges discussed this item regarding an ordinance amending Eagan City Code Chapter 5, regarding on-sale wine and beer licensing. John Riding, General Manager of Noodles Restaurant, explained their service procedures for providing food and alcoholic beverages. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt an ordinance amending Eagan City Code Chapter 5, regarding on-sale wine and beer licensing; and by adopting by reference Eagan City Code Chapter 1 and Section 5.99. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges discussed the 2003-2004 Community Center Operating Plan. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the 2003-204 Community Center Operating Plan. Aye: 5 Nay: 0 LEGISLA TIVE/INTERGOVERMENT AL AFFAIRS UPDATE Director Colbert informed the Council of his testimony before the Senate Transportation Committee early that afternoon regarding the Transportation Utility Fee and the subsequent approval of that bill by the Committee. ADMINISTRA TIVE AGENDA CAPONI ART PARK City Administrator Hedges discussed framework for study issues to be conducted by the APrC regarding the Caponi Art Park. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the work directive to the APrC for their review and study of the Caponi Art Park. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 1, 2003 Page 7 RECOMMENDA nON BY EAGAN AIRPORT RELA nONS COMMISSION City Administrator Hedges discussed a request by the ARC that the Metropolitan Airports Commission video tape their montWy Commission meetings in order to allow Eagan and other local communities the opportunity to play back the MAC meetings via their local cable access stations. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize a letter, per the request of the ARC, to the Metropolitan Airports Commission to video tape monthly their Commission meetings. Aye: 5 Nay: 0 City Administrator Hedges discussed the need for additional Council work sessions for the month of April. Councilmember Carlson moved, Councilmember Tilley seconded a motion to set April 22, 2003 as a Council Retreat to begin at 5:00 p.m. and April 29, 2003 as a work session along with the Economic Development Commission at 6:00 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:00 p.m. and went into Executive Session to discuss Police Dispatcher contract negotiations. () v.d I) VI Da:e d~t13 Yfz;;z(L m'klfF- Deputy City Cl 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.