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02/18/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 18, 2003 A regular meeting of the Eagan City Council was held on Tuesday, February 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 City Administrator Hedges noted that under Legislative/Intergoverrnnental Affairs Update, Public Works Director Colbert would be providing information regarding local transportation funding options and legislative opportunities. He also noted that under the Administrative Agenda, two items regarding 2003 Goals, and City Council portraits would be discussed. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Items A, B, E, I, L, 0, Q, and R were pulled from the Consent Agenda. A. Minutes. Pulled for discussion. B. Personnel Items. Pulled for discussion. C. Check Registers. It was recommended to ratify the check registers dated February 6, 2003 and February 13, 2003 as presented. D. Gambling Exempt Permit. It was recommended to approve an application for a Minnesota Lawful Gambling Exempt Permit for Twin Toms Chapter NWTF to hold a raffle on March 13, 2002 at Royal 03-05 2280 Cliff Road. E. Wetland Replacement Plan. Moved to Public Hearings (after item D) F. Extension for recording final plat. It was recommended to approve an extension of time to record the j plat for Cedar Villas, located west of Nicols Road and north of Erin Drive in the SW '.I.. of Section 30. G. Final Plat. It was recommended to approve a Final Plat (Eagandale Center Industrial Park No. 18) to combine four lots creating two lots consisting of Lots 20, 21, 22, 23, 24, Block 3, Eagandale Center 03-06 Industrial park No.4, except the west 16.5 feet of Lots 20 and 21. H. Public Hearing - Revocation ofInterim Use Permit. It was recommended to set a public hearing date to consider revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on October 1, 2002 for property owned by Mr. Jim Oberg, located in a Neighborhood Business zoning distr south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE V. of Section 36. I. Extension for recording final plat Pulled for discussion. J. Contract 02-10. It was recommended to approve Change Order No.2 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. K. Contract 01-07. It was recommended to approve Change Order No.5 to Contract 01-07 (Lextington Avenue - Town Centre Drive to Clubview Road, Street & Utility Improvements), authorize the Mayor and City Clerk to execute all related documents, approve the final payment in the amount of $177 ,668.42 to McNamara Contracting, Inc. and accept the improvements for perpetual maintenance subject to warranty provisions and the related County Agreement. L. ARC Recommendation. Moved to Legislative / Intergovernmental Affairs Update for discussion M. Easement Vacation public hearing. It was recommended to schedule a public hearing to be held on March 18,2003 to consider the vacation of public easements within the plat of Langhoven. N. Commercial Fertilizer License Renewal. It was recommended to approve 2003 Commercial Fertilizer License Renewal for Pro Turf, 7780 West 2lSth Street, Lakeville, MN. O. Contract 03-10. Pulled for discussion. Eagan City Council Meeting Minutes February 18,2003 Page 2 Q. Community Center Operating Policy. It was recommended to approve the Community Center operating policies and bandshell policy, per the recommendation of the Operations Committee. R. Remove Freeze on Community Center expenditures. Pulledfor discussion. S. Banquet Room Rental Fee. It was recommended to approve the recommendation of the Operations Committee to raise the Banquet Room Rental fee from $700 to $800 on Saturdays only, to go into effect for new bookings in 2004. T. Listing Agreement. It was recommended to approve a resolution accepting the listing agreement with Lisa Rumbaugh of The Real Estate MarketPlace for realtor services representing the City of Eagan in the sale of publicly-owned residential properties at 2230, 2238 and 2246 Clark Street and 4185 Strawberry lane, and 03-07 authorizing the City Administrator to work with the realtor to establish selling prices for each of the four properties. U. Change Order. It was recommended to approve Change Order #10 for the Eagan Community Center in the amount of $543.00. V. On-Sale Wine License. It was recommended to approve the On-Sale Wine and Sunday license for Hunan Eagan Buffet, Inc., dba Hunan Garden, 1304 Town Centre Drive. W. Community Center Building component opening dates. It was recommended to approve the following building component opening dates: . April 14 - ECVB Opening Date . May 2 - The Blast and Meeting Rooms open . May 10 - First Wedding Reception in Banquet Room . May 11 - Senior Center opens . August 9 - Fitness Center open . August 11 - Gym opens and is scheduled for programming . September 5 - Teen Center opens . September 8 - Fitness Classes begin . Soft Opening - May 3 . Grand Opening - September 27 X. Change Directive. It was recommended to change directive to install an expanded masonry fireplace base and flower box inset at the Community Center. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. The February 4, 2003 regular City Council minutes were pulled for discussion. Councilmember Carlson noted that a revision had been made on page 2, Consent Item P. "Councilmember Car/son moved, Councilmember Tilley seconded a motion to accept DNR Metro Greenway Grant award in the amount up to $10,000 with the City matching up to $8.000 for a total cost not to exceed $18.000. " Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the minutes of the February 4,2003 regular City Council meeting as revised, the February 4,2003 Listening Session and the February 6, 2003 special City Council meeting as presented. Aye: 5 Nay: 0 B. Personnel Items. Mayor Geagan stated that Assistant City Administrator Verbrugge had submitted his resignation to accept the position of City Administrator for the City of Rosemount. Mayor Geagan also noted the retirement of Randy Larson, Sergeant in the Police Department. Police Chief Therkelson highlighted Sergeant Larson's career with the Eagan Police Department. Mayor Geagan moved, Councilmember Tilley seconded a motion to accept the resignation of Jamie Verbrugge, Assistant City Administrator. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the following personnel items: Aye: 5 Nay: 0 1. Accept the retirement of Randy Larson, Sergeant in the Police Department. Eagan City Council Meeting Minutes February 18, 2003 Page 3 2. Accept the resignation of Jamie Bewley, part-time Clerical Tech III in the Police Department. 3. Approve the hiring of Megan Kisse, Alex Dauphin, Jenny Geiser, Jessica Ofstedahl, Susan Casey, Mindy Pika, Lisa Kleinschmidt, Paul Maloney, Emily Jensen, Grant Mestnik, Ben Millmann, Megan Lostetter, Brina Boufford, Ben Huonder, Kristi Millmann, Blair Smith, Megan Bergen, Jenny Woelfel, Jill Woelfel, Nick Csargo, Thorn Rehwaldt, Anne Weston, Nicole Cantin, Chris Ahrens, Kelly Craven, Matt Gilbert, Mike Brumbaugh, Taylor Lamski, Ann McGrath, Lauren Rouchard, Stephanie Doefler, Brandon Burger, Mike Kantor, David Mains, Chris Milbrandt, Brad Johnson, Tara Reu, Amy Osborne, Kali Bavender, Jackie Peters, Jennifer Kilby, Kelsey Crunstedt, Nate Startkson, Cass Pfender, Erinn Swinton, Kelly McGrath, Dan Milis, Kelly Childs, Jamie Boufford, Landon Weninger, Alexis Lund and Laura Hogenson as Cascade Bay seasonal staff for 2003. 1. Extension for recording final plat of Gift of Marv. Councilmember Tilley stated she would be voting against the extension for recording the final plat due to her past opposition to the project. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a 60 day extension of time to record the final plat or Gift of Mary, located south of Lone Oak Road and north of Highway 55 and bordering on Inver Grove Heights, in the NE 'I. of Section 12. Aye: 4 Nay: 1 (Tilley opposed) O. Specifications and Ad for Bids for City Contract 03-10 (Selmark, Harvey, and Burrview Acres - Street Overlay). Councilmember Maguire inquired as to future plans for sidewalks and trails along Chapel Lane and the issue of on-street parking on Chapel Lane. Public Works Director Colbert responded that the requested trail within Burr Oak Park has been referred to the Parks Department and any sidewalk along Chapel Lane would have to be initiated by a petition from the neighborhood. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the plans and specifications for Contract 03-10 (Selmark/Harvey/Burrview Additions - Street Improvements), and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 27, 2003. Aye: 5 Nay: 0 Q. Community Center operating policies and bandshell policy, per the recommendation of the Operations Committee. City Administrator Hedges recommended that this item be continued pending further Operations Committee review. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of the Community Center operating policies and bandshell policy. Aye: 5 Nay: 0 R. Remove freeze on Community Center expenditures including FF&E purchases, per the recommendation of the Operations Committee. Councilmember Fields expressed concern regarding the process for FF&E purchases. She stated she would like for the entire Council to approve purchases. Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize the removal of the Community Center expenditures freeze (per the direction at the 12/23/02 City Council meeting) and direct staff to proceed in FF&E purchases. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 881, TWIN VIEW MANOR (ERIKS BOULEVARD) STREET LIGHTING IMPROVEMENTS City Administrator Hedges introduced this item regarding street lighting on Eriks Boulevard. Assistant City Engineer Gorder gave a staff report. Eagan City Council Meeting Minutes February 18,2003 Page 4 Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 Seven residents of Eriks Boulevard spoke regarding the proposed street lighting, both in favor and in opposition. It was determined that several residents had signed the petition for the lighting in an effort to get information and after receiving the information, are opposed to the installation of the lights. Public Works Director Colbert addressed issues raised by the residents. There being no further public comment, Mayor Geagan closed the public hearing. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny Project 881, (Twin View Manor/Eriks Boulevard - Street Lighting Improvements). Aye: 4 Nay: 1 (Tilley opposed). PROJECT 883 CLEARVIEW ADDITION (BEECHER DRIVE) STREET LIGHTING IMPROVEMENTS City Administrator Hedges introduced this item regarding street lighting improvements to Beecher Drive. Public Works Director Colbert gave a staffreport. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 Dianne Lane, 1780 Beecher Drive, representing the Beecher Drive neighborhood, spoke in favor of the proposed street lighting stating there had been vehicle theft and vandalism in the neighborhood. Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 883 (Clearview Addition I Beecher Drive - Street Lighting Improvements) and authorize its installation through a construction agreement with Dakota Electric Association. Aye: 5 Nay: 0 PROJECT 806R, KENNERICK ADDITION STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding storm sewer improvements for Kennerick Addition (Pond HDP-l). Kevin Kimmes, Bonestroo Rosene Anderlik and Associates made a presentation regarding the proposed storm sewer improvements. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 Seven residents spoke expressing concerns regarding the following: . Changes in plans originally approved by the City Council last year. . Removal of trees and other vegetation . Easement rights . Options for installing pipe - boring or trenching . Property appraisals . Formal appeal regarding the pond . Restoration of the pond . Drainage from Lone Oak Road . Possibility of funding from the State Eagan City Council Meeting Minutes February 18,2003 Page 5 . Future plans for upgrading Lone Oak Road . Assessment spread Public Works Director Colbert and Mr. Kimmes responded to the issues raised by the residents. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Council and staff discussed various options for the proposed project. It was suggested that the matter be discussed at a Council workshop and that another informational neighborhood meeting be held. Councilmember Carlson made a motion to continue the public hearing to allow time for further investigation of options. After further discussion, Councilmember Carlson withdrew the previous motion. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue the public hearing for Project 806R (Kennerick Addition, Pond HDP-l Trunk Storm Sewer Outlet) to April 15, direct staff to schedule this item on the April 8 Council special workshop agenda, authorize the preparation of detailed final plans and specifications and the advertisement for bids including alternatives with and without directional drilling subject to participation by Dakota County and authorize advertisement for bids Aye: 5 Nay: 0 WETLAND REPLACEMENT PLAN - KENNERICK ADDITION Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve wetland replacement plan for Kennerick Addition. Aye: 5 nay: 0 LOT 2, BLOCK 5, WILDERNESS RUN 4TH ADDITION EASEMENT VACATION City Administrator Hedges discussed this item regarding a public trail easement vacation on Lot 2, Block 5, Wilderness Run 4th Addition. Gary Morgan, applicant, discussed his request for the easement vacation. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny the vacation of the pubic trail easement on Lot 2, Block 5, Wilderness Run 4th Addition. Aye: 4 Nay: I (Tilley opposed) OLD BUSINESS VARIANCE - RAY MILLER City Administrator Hedges introduced this item regarding a variance request to allow a detached garage in the front yard of property located at 785 Golden Meadow Road which was previously before the Council on January 7,2003. Senior Planner Ridley gave a staff report. Bobbi and Stuart Pienski, owner of the property, discussed the background of their situation with Ray Miller, developer. They requested the variance be granted but indicated it would not completely solve the issues they are dealing with in regard to the garage. Eagan City Council Meeting Minutes February l8, 2003 Page 6 Ray Miller, spoke briefly, requesting approval of the variance. Council held a brief discussion. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a detached garage in the front yard of property located at 785 Golden Meadow Road, legally described as Lot 4, Block 1, Sunset 13th Addition in the NW 1. of Section 25, subject to the following condition: Aye: 4 Nay: 1 (Mayor Geagan opposed) 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. CONTRACT - NORTH FIELDS City Administrator Hedges discussed this item regarding contract for the development of athletic fields at North Fields. Councilmember Carlson moved, Councilmember Tilley seconded a motion to award City Contract No. 03- 08 for the development of athletic fields, with Alternatives 1, 2 and 3, at North Fields to Imperial Development, in accordance with the approved plans and specifications, in the amount of $439,904.00 Aye: 5 Nay: 0 MODIFICATION TO DEVELOPMENT CONTRACT PATRICIA VOGELPOHL City Administrator Hedges introduced this item regarding a request for modification to a development contract for Vogelpohl Addition to exclude the street lighting requirement for Lot 1, Block 1 Vogelpohl Addition. The original application for subdivision was to modify the location of lot lines only and not for physical development of the property. Marilyn Michael was present representing Patricia Vogelpohl. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve modification to the development contract to postpone the installation of the street light until development occurs on Lot 1, Block 1, Vogelpohl Addition. Aye: 5 Nay: 0 CONTRACT 03-05, JP-47 ALUM STORAGE BASIN IMPROVEMENTS City Administrator Hedges introduced this item regarding IP-47 Alum Storage Basin Improvements. Parks and Recreation Director Vraa and Water Resources Coordinator MacBeth explained that via a recent permitting process for a similar alum dosing operation in the Twin Cities, consultants have determined that the City will be unable to comply with state standards for dissolved aluminum in JP-47. Councilmember Tilley moved, Councilmember seconded a motion to receive the bids for Contract 03-05, JP-47 Alum Storage Basin Improvements), award the contract to Lloyd's Construction Services, Inc., an authorize the Mayor and City Clerk to execute all related documents; or reject the bids for Contract 03-05 (JP-47 Alum Storage Basin Improvements). After discussion, Mayor Geagan and Councilmembers agreed to reject bids for Project 03-05. Councilmember Tilley withdrew the motion to receive bids. Councilmember Tilley moved, Councilmember Maguire seconded a motion to reject bids and cancel Contract 03-05, JP-47 ,. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 18,2003 Page 7 NEW BUSINESS INTERIM USE PERMIT - PETER LUND City Administrator Hedges introduced this item regarding a request for an interim use permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southwest of Mike Collins Drive and Borchert Lane. Councilmembers discussed the issue and directed staff to provide further information. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of an interim use permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southwest of Mike Collins Drive and Borchert Lane to April1, 2003. Aye: 5 nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on the Community Center and recommendations of the Operations Committee. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the recommendation of the Operations Committee to add a mirror, electrical outlet, and vanity table to the women's locker room in lieu of removing the lockers and benches (as previously directed by the City Council at the January 21,2003 City Council meeting). Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Geagan seconded a motion to remove the Community Center hiring freeze. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to authorize staff to proceed in the hiring of the Community Center Rental Coordinator position. Aye: 5 Nay: 0 LEGISLA TlVEIINTERGOVERNMENT AL AFFAIRS UPDATE Public Works Director Colbert discussed local transportation funding options and legislative opportunities, along with information on funding street construction and maintenance in Minnesota's cities. (Item L - Consent Agenda) Councilmembers discussed correspondence to the Metropolitan Airports Commission regarding the MSP Noise Oversight Committee, as recommended by the Airport Relations Commission. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ARC recommendation regarding correspondence to MAC related to the Minneapolis-St. Paul International Airport Noise Oversight Committee. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA City Administrator Hedges discussed plans for Councilmembers to have portraits made for display in City Hall. It was agreed that the City would own the pictures. City Administrator Hedges discussed the need for a special meeting to review 2003 goals that were discussed at the Council Retreat on February 11 and 12,2003. Councilmember Fields moved, Councilmember Tilley seconded a motion to set a special goals retreat for March 5,2003 at 4:00 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 18, 2003 Page 8 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT l iJ.-u,7/g' ~~ Date I Councilmember Tilley moved, Councilmember Carlson seconded a motion to adjourn the meeting at 11 :30 p.m. and convened into Executive Session to discuss emergency evacuation and Police Dispatch negotiations. ~~~1'l= 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.