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03/18/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 18,2003 A regular meeting of the Eagan City Council was held on Tuesday, March 18, 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, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Carlson asked that the following two items be added under the Administrative Agenda. 1. Consider renaming of the bandshelllocated at Central Park 2. Request to Dakota County to continue public hearing regarding Shelter Corp. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson asked that item L be pulled for discussion. A. Minutes. It was recommended to approve the minutes of the March 4,2003 regular City Council meeting, the March 4, 2003 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Ashley Crunstedt, Steven Lay, Elyse Kyro and Chris Weggemann as Cascade Bay seasonal stafffor 2003. 2. It was recommended to approve, as part of the Personnel Policy, the Donated Vacation Leave Policy. 3. It was recommended to approve, as part of the Personnel Policy, the Use of the Internet, Intranet, and Electronic mail system Policy. 4. It was recommended to approve the hiring of Mary Jenson as a Temporary Clerical Technician in the Utilities Maintenance Division. 5. It was recommended to approve the hiring of a person to be named as a Part-Time Clerical Technician III in the Police Department. 6. It was recommended to approve the dismissal of Probationary Building Maintenance Worker Joe DeGrand. C. Check Registers. It was recommended to ratify the check registers dated March 6,2003 and March 13, 2003 as presented. D. 2003 New Kennel Licenses. It was recommended to approve 2003 New kennel Licenses for Peanut's Place and Petsmart, Inc. E. Collection Agency Agreement. It was recommended to approve the Collection Agency Agreement between Springer, Inc. and the City for collection of outstanding repeat nuisance call fines and other delinquent receivables. F. Ordinance Amendment. It was recommended to authorize the City Attorney's office to prepare an ordinance amendment to Chapter 5 regarding on-sale and beer licenses. G. Change Order. It was recommended to approve Change Order #11 for the Eagan Community Center in the amount of$34,609. H. Contract 03-07. It was recommended to receive the bids for Contract 03-07 (Cedar Grove Redevelopment Area - House Demolition / Removal), award the contract to Ginther Excavating, Inc. for the base bid in the amount of$19,425 and authorize the Mayor and City Clerk to execute all related documents. 1. Quit Claim Deed. It was recommended to approve a Quit Claim Deed for Eagan Heights 3rd Addition to Jadean Development, Inc., and Vista Development, Inc., and authorize the Mayor and City Clerk to execute all related documents. J. 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 April 15, 2003. K. Final Plat. It was recommended to approve a Final Plat (Central Irrigation Addition) to create one lot 03-13 10cated at 2785 Pilot Knob Road. L. Reconveyance of Tax Forfeited Parcel. Pulled for Discussion. Eagan City Council Meeting Minutes March 18, 2003 Page 2 M. Purchase Offers. It was recommended to 1) accept the high offer of $184, 100 (Buyer assuming assessments) and authorize the execution of the purchase agreement and to authorize acceptance of the second high offer of$185,000 (City paying assessments), if the first sale cannot be executed for 2230 Clark Street; 2) to accept the high offer of$183,195 and authorize the execution of the purchase agreement and to authorize acceptance of the second high offer of $179,000 if the first sale cannot be executed for 2238 Clark Street; and 3) to reject the offers for 2246 Clark Street and 4185 Strawberry Lane and direct that those two houses remain on the market for consideration on April 1, 2003. Councilmember Maguire moved, Counci1member Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 L. Reconveyance of Tax Forfeited Parcel. Reconveyance of tax forfeit parcel10-2245l-042-01 (Eagan Metro Center 2nd Addition Pt. of Lot 4, Block 1) to the State of Minnesota. City Administrator Hedges discussed the background of the property that is being considered for reconveyance to the State. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve reconveyance of tax forfeit parcel 10-22451-042-01 (Eagan Metro Center 2nd Addition pt. Of Lot 4, Block 1) to the State of Minnesota. Aye: 5 Nay: 0 PUBLIC HEARINGS SCENIC AND NATURAL AREA GRANT APPLICATION City Administrator Hedges introduced this item regarding the submission of an application for the DNR's Natural and Scenic Area grant which requires that a public hearing be held. Parks and Recreation Director Vraa discussed the following points; . Project scope and the type of activities involved . Implementation schedule . Overall cost and the proposed financing for the project . Costs to be assessed to community residents . Other associated project costs such as maintenance expenses, etc. Councilmember Carlson moved, Councilmember Fields seconded a motion to open the public hearing and 03-14 authorize the Mayor to sign the Local Government Resolution. Aye: 5 Nay: 0 Four residents spoke regarding the wildlife and overall beauty and quality of Patrick Eagan Park. Mayor Geagan closed the public hearing. LANGHOVEN (LOTS 1-5 & 10) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public easements within the Langhoven plat. Public Works Director Colbert gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye; 5 Nay: 0 Doris Dahline questioned a slope easement on the property. Public Works Director Colbert provided an explanation. Eagan City Council Meeting Minutes March 18, 2003 Page 3 Councilmember Carlson moved, Councilmember Tilley seconded a motion to close the public hearing and approve the vacation of public easements within the Langhoven plat and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS CONTRACT 03-02, LEXINGTON PLACE / DREXEL HEIGHTS ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Lexington Place and Drexel Heights Additions explaining that the bid prices for the assessable portions of the construction costs (i.e. bituminous street overlay) are approximately 13% over the estimated costs contained in the feasibility report that was presented to the City Council at the public hearing. Public Works Director Colbert gave a brief report and stated the affected property owners were notified of the increase in the assessable costs and to date no comments from the residents have been received. One resident in the audience questioned if the contractor was locked into the prices that resulted in the increase. Director Colbert replied affirmatively, but that the final assessments are still estimated until actual quantities have been measured upon completion of the project. Councilmember Tilley moved, Councilmember Fields seconded a motion to award the contract for Contract 03-02 (Lexington Place / Drexel Heights Additions - Street Improvements), to Bituminous Roadways, Inc., for the base bid in the amount of$274,451, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CONTRACT 02-17, CENTRAL PARKWAYSTREETSCAPING City Administrator Hedges introduced this item regarding Change Order # 1, Contract 02-17 (Central Parkway Streetscaping along Central Parkway between Yankee Doodle and Pilot Knob Roads). Public Works Director Colbert gave a staff report, explaining that due to difficulties in obtaining the necessary easements from Lockheed Martin, the change order as presented proposes to delete the improvements proposed on Lockheed Martin's property for a deduct of$99, 185.40. Councilmembers discussed options to acquire the easement and agreed to approve the change order that would delete the two gateway monuments that would be located within easements on Lockheed Martin property. Councilmember Carlson, Councilmember Maguire seconded a motion to approve Change Order #1, Contract 02-17 (Central Parkway Streetscaping), and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CONTRACT 03-11, KENNERICK ADDITION (POND HDP-1) STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding storm sewer improvements to Pond HDP-1, Kennerick Addition. Public Works Director Colbert gave a staff report. Discussion was held regarding alternatives that will be included in the bid specifications for Council to evaluate the cost effectiveness at the April 15 Council meeting when the bids will be presented for consideration of contract award. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the plans and specifications for Contract 03-11 (Kennerick Addition, Pond HDP-1- Trunk Storm Sewer Outlet) as presented and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 10, 2003. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 18, 2003 Page 4 CONTRACT 03-01, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS City Administrator Hedges introduced this item regarding street and access management improvements for the Town Centre area. Public Works Director Colbert gave a staff report identifying various changes in the scope of the project that was originally approved at the public hearing. These involved primarily the driveway entrances to Walmart, Kohls and Rainbow. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the plans and specifications for Contract 03-01 (Town Centre Area - Street & Access Management Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, April 29, 2003. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT (Special Area 4, Central Area) City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment for the Central Area (Special Area 4) which is divided into four quadrants and are separated by Yankee Doodle Road and Interstate 35E. Senior Planner Ridley gave a staffreport. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Met Council for Special Area 4. Aye: 5 Nay: 0 2003-2004 CITY COUNCIL GOALS RATIFICATION OF THE CITY COUNCIL'S 2003-2004 GOALS City Administrator Hedges discussed the City Council goals for 2003-2004 which were set at the Council's annual goals retreat on February 11 and 12,2003. Councilmember Fields moved, Councilmember Tilley seconded a motion to ratify the City Council's 2003- 2004 Goals. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges discussed recommendations of the Operations Committee regarding the Community Center fees, booking recommendations and scheduling priorities. He also discussed the usage policy for the Eagan Bandshell. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Operations Committee's recommendation regarding the Community Center fees, booking recommendations, and scheduling priorities. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the usage policy for the Eagan Bandshell at Central Park. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Discussion was held regarding the renaming of the bandshell at Central Park. Councilmember Carlson moved, Councilmember Tilley seconded a motion to name the bandshell "Eagan Rotary Bandshell at Central Park". Aye: 5 Nay: 0 The Park and Recreation staff and the Advisory Parks and Recreation Commission were directed to draft a policy regarding partnering with organizations in the community. Eagan City Council Meeting Minutes March 18, 2003 Page 5 Discussion was held regarding a public hearing to be held by Dakota County regarding Tax Increment Financing for Shelter Corporation. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct staff to submit a formal request to Dakota County to continue the public hearing for one month to April 22, 2003, regarding Tax Increment Financing for Shelter Corporation. Aye: 5 Nay: 0 ECONOMIC DEVELOPMENT AUTHORITY Mayor Geagan called a recess 9:50 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:55 p.m. and introduced "Visitors to Be Heard". VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT 'ft[f1-1f'--h I ~ cJ..()tJ j Date Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:55 p.m. and went into Executive Session to discuss pending litigation. '1Ybh(J~7J1:~d Deputy City 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). 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.