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03/04/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 4, 2003 A regular meeting of the Eagan City Council was held on Tuesday, March 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, Director of Public Works Tom Colbert, City Attorney Bob Bauer and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Items Hand K pulled for discussion. Item S moved to "Community Center Update" A. Minutes. It was recommended to approve the minutes of the February 18, 2003 regular City Council meeting, the February 18,2003 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Melissa Wind as the Rental Coordinator at the Community Center. 2. It was recommended to approve the hiring of Julie Mattson, Daniele Hasset, Amanda Kuntz, Elizabeth Luke, Matthew Howard, Allison Tierney, Nicholas Johnson, Kelsey Biagi, Megan Sutliff, Abbigail Broderdorf, Kelly Colbert, Luke Selby, Nathan Dunn, Jenna Schardt, Lisa Bordsen, Lauren Dieman, Metra Farrari, Evan Krueger and Maridyth Lewis as Cascade Bay seasonal staff for 2003. C. Check Registers. It was recommended to ratify the check registers dated February 20,2003 and February 27, 2003 as presented. D. 2003 Tree Contractor License Renewal. It was recommended to approve 2003 Tree Contractor License Renewal for A Top Notch Service, Inc., 5505 N. Highway 169, Plymouth, MN. E. 2003 Commercial Fertilizer License Renewals. It was recommended to approve 2003 Commercial Fertilizer License renewals for New Frontier, 2500 W. County Road 42, Burnsville, MN and Living Green Lawn Care, 1310 Laurel Avenue, St. Paul, MN. F. Change Order. It was recommended to approve change orders 3 and 4 with Parsons Technologies for work at the Community Center. G. Recycling Program. It was recommended to approve the addition of Apple Valley to the Burnsville Eagan Recycling Program and request the City Attorney execute a Joint Powers Agreement between the three cities. H. Contract 03-02. Pulled for discussion. 1. Contract 03-10. It was recommended to receive the bids for Contract 03-10 (Selmark / Harvey / Burrview Additions - Street Improvements), award the contract to Bituminous Roadways, Inc., for the base bid in the amount of $224,72 1.25, and authorize the Mayor and City Clerk to execute all related documents. 1. NPDES. It was recommended to approve a resolution authorizing the submittal of a Municipal Separated Storm Sewer System (MS4) permit application to the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) Program and the execution of all related documents by the Mayor or City Clerk. K. Proiect 884. Pulled for discussion. L. Legislative Support. It was recommended to approve a Resolution supporting legislation to provide improved funding options to local authorities for city street improvements, and authorize the Mayor and City Clerk to execute all related documents. M. Proiect 886. It was recommended to authorize the preparation of a feasibility report for Project 886 (Lone Oak Road Upgrade - Street and Utility Improvements). N. No Parking - Yankee Doodle. It was recommended to approve a resolution to prohibit parking on Yankee Doodle Road between Trunk Highway 149 and the Inver Grove Heights border and authorize the Mayor and City Clerk to execute all related documents. 03-08 01-09 03-10 Eagan City Council Meeting Minutes March 4, 2003 Page 2 O. Proiect 02-l5A. It was recommended to approve the final payment for Contract 02-l5A (Community Center - Storm Sewer Improvements) in the amount of$1,570.78 to Nova Frost, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. P. Change Order. It was recommended to approve Change Order No.3 to Contract 02-l5B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Easement Agreement. It was recommended to approve the Easement Agreement for Project 800R (Cedar Grove Access Reconfiguration - Street and Utility Improvements) with the owner of Parcel 10-68100-010- 01 (Silver Bell Center - 1985 Silver Bell Road) and authorize the Mayor and City Clerk to execute all related documents. R. Community Center Operating Policies. It was recommended to approve the Community Center operating policies per the recommendation of the Operations Committee. S. Community Center fees. booking recommendations. Moved to Community Center Update T. On-sale beer license for Hunan Garden. It was recommended to approve the On-Sale Beer license for Hunan Eagan Buffet, Inc., dba Hunan Garden, 1304 Town Centre Drive. U. Change Order. It was recommended to approve Change Order #4 for the Central park Pavilion! Wellhouse #20 for a deduct of$l,OOO.OO V. Proiect 868. It was recommended to authorize the use of engineering services from Encompass Inc. for Project 868 (Coachman Water Treatment Plant - Expansion/Modification). Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 H. Contract 03-02 (Lexington Place! Drexel Heights Additions - Street Improvements) Public Works Director Colbert gave a staff report and discussed options. Councilmember Carlson moved, Councilmember Tilley seconded a motion to receive the bids for contract 03-02 (Lexington Place! Drexel Heights Additions - Street Improvements) and continue consideration of contract award to March 18, 2003 and direct staff to notify the affected property owners of the potential increase in special assessments. Aye: 5 Nay: 0 L. Proiect 884. (Borchert Lane - Street and Utility Improvements). Public Works Director Colbert gave a staff report and responded to Councilmember Carlson's request of including an alternate alignment for Borchert Lane. Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize the preparation of a feasibility report by the City Engineer for Project 884 (Borchert Lane - Street and Utility Improvements) with alternate alignments being shown. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - MICHELLE AND JEFF MOE City Administrator Hedges introduced this item regarding a variance request to the required 30 foot setback from the public right-of-way at 4705 Stratford Lane. Senior Planner Ridley gave a staff report. Mr. and Mrs. Moe stated they had a letter from an adjoining property owner indicating they have no objection to the proposed variance. 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 a 12 foot variance to the 30 foot required setback from the public right-of-way for a garage addition at 4705 Stratford Lane; subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 4, 2003 Page 3 1. If within 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. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The building materials shall match the principal structure. OLD BUSINESS FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (CENTENNIAL RIDGE) - MANLEY LAND DEVELOPMENT CORP. City Administrator Hedges introduced this item regarding a final subdivision and final planned development to create 24 lots and two outlots on approximately 8.6 acres located on the southeast comer of Diffley Road and Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report. Kurt Manley, developer, discussed the proposed project, requesting that the average overall allowed lot coverage be 27% rather than 23%, as proposed by the Advisory Planning Commission. Mayor Geagan, Councilmembers and staff discussed the request regarding lot coverage and it was agreed that up to half of the residential dwellings could be ramblers. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Final Subdivision to create 24 lots and two outlots on approximately 8.6 acres located on the southeast comer of Diffley Road and Johnny Cake Ridge Road in the NW ~ of Section 28. Aye: 5 Nay: 0 03-11 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for the residential portion of Centennial Ridge for construction of 24 small lot single-family dwellings (12 two story and 12 rambler), with overall lot coverage being between 23% and 27% incorporated into the planned development agreement, on approximately 5.5 acres located east of Johnny Cake Ridge Road and south of Diffley Road in the NW ~ of Section 28. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an amendment, as presented, to Chapter 11, Section 11.70 to allow additional product signage in the Business Park (BP) Zoning District via Conditional Use. Senior Planner Ridley gave a staff report. Councilmembers discussed the proposed amendment and issues regarding enforcement of the ordinance. Councilmember Maguire moved, Mayor Geagan seconded a motion to deny an amendment to Chapter 11, Section 11.70 to allow additional product signage in the Business Park (BP) Zoning District via Conditional Use. Aye: 5 Nay: 0 CHAPEL LANE - NO PARKING City Administrator Hedges discussed this item regarding the posting of No Parking signs on both sides of Chapel Lane from Hwy 149 to Random Road. Mayor Geagan, Councilmembers and staff discussed Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the posting of No Parking signs on both sides of Chapel Lane from Highway 149 to Wren Lane opposite the line between Lot 7 and 8 of Block 1 of the SelmarkAdd. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 4, 2003 Page 4 LONE OAK LANE STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding the receipt of a petition Lone Oak Lane Storm Sewer Improvements. Public Works Director Colbert gave a brief staff report. Mike Mitchel, 1445 Lone Oak Lane questioned who would be assessed for the project ifit were approved and requested the project be combined with Project 806. Public Works Director Colbert explained that everyone who takes driveway access onto Lone Oak Lane would be most likely be proposed to be assessed for the project. He also explained why the proposed project could not be combined with Project 806 and that Lone Oak Lane is a private driveway and all improvements historically are performed by the benefiting property owners. Councilmember Fields moved, Councilmember Tilley seconded a motion to deny the petitioned storm sewer improvements for Lone Oak Lane. Aye: 5 Nay: 0 NEW BUSINESS REQUEST BY FRIENDS OF PATRICK EAGAN PARK City Administrator Hedges introduced this item regarding a request by the Friends of Patrick Eagan Park to match an acquisition grant, approve submission of Scenic and Natural Areas Grant application for Lee and Laurel Anderson parcel acquisition. He also discussed a request to authorize an appraisal of the Lee Anderson property through the Trust for Public Land. Jack Conrad, on behalf of the Friends of Patrick Eagan Park, made a presentation to the City Council and requested City support for a grant application to acquire the Anderson property adjacent to Patrick Eagan Park. Dakota County Commissioner Nancy Schouweiler discussed the merits of the Anderson property in meeting the County Referendum criteria. Cordelia Pearson, representing the Trust for Public Land, discussed the background of her group and stated they agreed to coordinate and pay for the appraisal of the Anderson property, complete a survey and conduct any environmental studies needed for the Anderson acquisition. Councilmembers, Mr. Conrad and Commissioner Schouweiler discussed the future of the Caponi project. It was noted that the Friends of Patrick Eagan Park and the County will offer their support for the Coponi property and the McCarthy property. Councilmember Carlson moved, Councilmember Fields seconded a motion to : 1. Direct City staff to complete the grant application and resolution for the Minnesota DNR Natural and Scenic Areas Grant program on the Anderson parcel for public hearing at the March 18th 2003 Council meeting. 2. Direct City staff to work with the Trust for Public Land (TPL) to conduct a formal appraisal on the Anderson parcel by the necessary deadline, with the facts that contribute to the lack of public utilities being available to the property, at this time, be disclosed as part of the appraisal process. 3. Once the appraisal is completed and a selling price is agreed upon, the City's participation will be 20% of the acquisition price (being taken from the park dedication funds). Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 4, 2003 Page 5 CONSIDER REVOCATION OF INTERIM USE PERMIT - CITY OF EAGAN City Administrator Hedges discussed this item regarding the revocation of an Interim Use Permit issued to Jim Oberg for non-compliance on property located in the SE Y. of Section 36. Senior Planner Ridley presented pictures of the site, indicating the non-compliance. Mr. Oberg stated the items on the property will be scrapped and removed from the site by April 1. He also discussed future development plans for the property. He requested the Interim Use Permit not be revoked. Mayor Geagan and Councilmembers discussed the issue and concluded that Mr. Oberg be allowed additional time to bring his property into compliance with the City Code and at such time, if the property is not in compliance, action will be taken to revoke the permit. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of revocation of an Interim Use Permit (IUP) issued to Jim Oberg for property located in the SE Y. of Section 36, PID 10-03600-021-79 to the May 6,2003 City Council meeting. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Adntinistrator Hedges discussed recommendations made by the Operations Committee regarding the name for the bandshell and the Community Center logo, and Community Center fees, booking recommendations, and scheduling priorities. Communications Director Garrison made a presentation regarding the proposed Community Center logo. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Community Center logo as recommended by the Operations Committee with slight amendment by Council. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a recommendation by the Operations Committee that the bandshell be named "The Eagan Bandshell at Central Park". Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of the Community Center fees, booking recommendations, and scheduling priorities for further review by the Operations Cormnittee. Aye: 5 Nay: 0 LEGISLATIVE INTERGOVERNMENTAL AFFAIRS UPDATE City Adntinistrator Hedges discussed inviting Eagan's legislation delegation to attend a City Council meeting. It was agreed that inviting the Legislators to a workshop would be more productive than a regular City Council meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to set a City Council workshop for March 18, 2003 at 5:00 p.m. ADMINISTRATIVE AGENDA PROJECT 868, COACHMAN WATER TREATMENT PLANT Public Works Director Colbert discussed the need for initiation of Quick Take Entinent Domain for 3.7 acres of land from Blue Cross Blue Shield adjacent to the Water Treatment Facility located on Coachman Road. Councilmember Tilley moved, Councilmember Carlson seconded a motion to authorize the acquisition of a 3.7 acre portion of Parcel 10-01600-011-30 by Quick Take Entinent Domain. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 4, 2003 Page 6 SOLICITATION OF FEDERAL FUNDS FOR RING ROAD COMPLETION Public Works Director Colbert discussed the development of a Ring Road circulator around the intersections of Pilot Knob Road, Yankee Doodle Road and I-35E and requested authorization to submit a formal request for federal funding. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Resolution supporting a request for Federal Funding for completion of the Ring Road and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 03-12 ECONOMIC DEVELOPMENT AUTHORITY Mayor Geagan called a recess at 9: 15 p.rn. and immediately convened a meeting of the Economic Development Authority. After adjournment ofthe EDA, the Mayor reconvened the Council meeting at 9:20 p.rn. and introduced "Visitors to Be Heard". 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 9:20 p.rn. and went into Executive Session to discuss pending litigation. irk'a- ~t~~ ~ - / 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.