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01/07/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 7, 2003 A regular meeting of the Eagan City Council was held on Tuesday, January 7, 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. OATHS OF OFFICE City Administrator Hedges administered the Oaths of Office to Mayor-Elect Geagan, Councilmember- Elect Maguire and Councilmember Carlson. AGENDA City Administrator Hedges stated an item which had been discussed at the Listening Session prior to the regular meeting regarding Parkview Golf Course should be added under Old Business. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye; 5 Nay; 0 CONSENT AGENDA Councilmember Carlson asked that Item A. Minutes, be pulled for separate vote due to Mayor Geagan and Councilmember Maguire's need to abstain. City Administrator Hedges asked that the December 23, 2002 special City Council meeting minutes be removed from Item A, Minutes, and placed on the January 21,2003 agenda for approval. Mayor Geagan asked that item D regarding a lease agreement between the City and St. Croix Harley Davidson be pulled for discussion. A. Minutes. minutes of the December 17, 2002 regular City Council meeting, and the December 23,2002 special City Council meeting as presented. PULLED FOR SEPARATE VOTE B. Personnel Items. 1. It was recommended to approve the hiring of Gina Roggenbuck as a Clerical Technician III in Community Development. 2. It was recommended to approve the hiring of Randy Boyden, Keith Wallace and Brad Champlin as part-time seasonal broomballlboot hockey officials. 3. It was recommended to approve the hiring of Denice King as a part-time seasonal preschool program instructor. 4. It was recommended to accept the resignation of Police Officer Robert Rollins. 5. It was recommended to approve the change in status for the Water Resources Technician position from Compensation Range G to Compensation Range H as a result of a Time Spent Profile reVIew. C. Check Registers. It was recommended to ratify the check registers dated December 19, 2002 and December 26, 2002 as presented. D. Lease Agreement. Lease agreement between the City of Eagan an St. Croix Harley Davidson. The approval of this lease will enable the Police Department to lease two motorcycles for one year at a total cost of two dollars. PULLED FOR DISCUSSION E. Special Meeting. It was recommended to schedule a special City Council meeting for January 14,2003 at 5;00 pm. F. Contract 01-12B. It was recommended to approve the final payment for Contract 01-12B (July 2000 Storm Mitigation - Landscaping Improvements). G. Liquor License. It was recommended to approve a change in management of the off-sale beer license for Holiday Stationstore #247 located at 3615 Pilot Knob Road. H. Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Joe Senser's located at 3010 Eagandale Place. Eagan City Council Meeting Minutes January 7,2003 Page 2 I. Liquor License. It was recommended to approve a name change on the liquor license for Comer's Liquors Unlimited, located at 3090 Courthouse Lane Unit 2, to Comer's Lone Oak Liquors. 1. Zoning Ordinance Summary. It was recommended to approve the summary of a complete update of Chapter II of the Eagan City Code entitled "Land Use regulations (Zoning)" for publication. K. 2003 Trash Hauler License Renewal. It was recommended to approve a 2003 Trash Hauler License renewal for Veit container, Buckingham Companies, Adex Group and Keith Krupenny. L. 2003 Pet Shop License Renewal. It was recommended to approve a 2003 Pet Shop License renewal for Petco. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the minutes of the December 17,2002 regular City Council meeting as presented. Aye: 3 Abstain: 2 (Geagan and Maguire) D. Mayor Geagan directed staff to write a letter recognizing the Eagan Crime Prevention Association. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a lease agreement between the City of Eagan an St. Croix Harley Davidson. The approval of this lease will enable the Police Department to lease two motorcycles for one year at a total cost of two dollars. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE TO FRONT YARD SETBACK FOR THREE SEASON PORCH 4320 HAMIL TON DRIVE (Cheryl and Dan Seanoa) City Administrator Hedges introduced this item regarding a request for a 10 foot variance to the required 30 foot front yard setback, to build a three season porch at 4320 Hamilton Drive. 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 Tilley seconded a motion to approve a 10 foot variance to the required 30 foot front yard setback, to build a three season porch at 4320 Hamilton Drive, subject to the following conditions: Aye: 5 Nay: 0 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 materials and color of the addition shall match the existing principle structure. 3. The addition shall be subject to all other R-l, Single Family Residential zoning standards. 4. The addition shall not encroach more than 10 feet into the required 30 foot front yard setback. VARIANCE - RAY MILLER City Administrator Hedges introduced this item regarding a request for a Variance to allow a detached garage in the front yard of property located at 785 Golden Meadow Road. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Bobbi and Stewart Penski, property owners provided background information regarding the purchase of the property and stated there continues to be issues unresolved. They requested consideration of the requested variance be continued to the February 18,2003 Council meeting and waived the 60 day agency action requirement. Eagan City Council Meeting Minutes January 7, 2003 Page 3 Councilmember Fields moved, Councilmember Maguire seconded a motion to continue the public hearing to consider 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 ~ of Section 25. Aye: 5 Nay: 0 ISSUANCE OF $5,380,000 TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS, AND $3,420,000 TAXABLE MUL TI-FAMIL Y HOUSING REVENUE BONDS- ASPENWOODS APARTMENTS City Administrator Hedges introduced this item regarding the issuance of tax-exempt revenue refunding bonds and taxable revenue bonds from the Aspenwoods Apartments. Kathleen Aho, Springsted addressed Council regarding Aspenwoods Apartments Refinancing. 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 Fields seconded a motion to adopt a resolution 03-01 authorizing issuance of$5,380,000 tax-exempt revenue refunding bonds, subject to staff review of the final agreement language, for the Aspenwoods Apartments under Minnesota Statutes, Chapter 462C. Aye: 5 Nay: 0 OLD BUSINESS RECOMMENDATION AND AWARD OF CONTRACT FOR CONSULTANT SERVICES, HOLZ FARM MASTER PLAN City Administrator Hedges discussed this item regarding the proposed Holz Farm Master Plan. Dorothy Peterson of the Advisory Parks and Recreation Commission, discussed plans for Holz Farm and recommended Brauer and Associations be contracted for consultant services. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Holz Farm Master Planning Services from Brauer and Associates not to exceed $30,000. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges explained that an update regarding the Community Center will be a regular agenda item until the Center is completed. He then provided an overview regarding recent activity of the Community Center Operations Committee. ADMINISTRATIVE AGENDA TEMPORARY VARIANCE - P ARKVIEW GOLF COURSE City Administrator Hedges discussed an issue that was raised at the Listening Session by Shane Korman of Parkview Golf Course, regarding recent vandalism. Mr. Korman is requesting the lighting at the golf course be allowed to remain on for an extended time each night until such time surveillance equipment is installed on the property. Administrator Hedges explained that the area property owners will be notified and the item will be heard on January 21,2003. In the interim, Council is being asked to consider a temporary variance to the lighting restrictions. Council held a discussion regarding the extension of the lighting restrictions. Councilmember Tilley moved, Councilmember Fields seconded a motion to set a public hearing for January 21, 2003 to consider modification to the conditions of the Parkview Golf Course site plan. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a temporary variance to the Parkview Golf Course Site Plan conditions regarding lighting restrictions to allow lights to remain on until 1 :00 a.m. Aye: Tilley Nay: Carlson, Geagan, Fields, Maguire Motion failed. Eagan City Council Meeting Minutes January 7, 2003 Page 4 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a temporary modification to the conditions of the Parkview Golf Course Site Plan approval to allow the lights to remain on from dusk to dawn until January 21, 2003. Aye: Geagan, Carlson, Fields Nay: Tilley, Maguire Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the meeting at 7:45 p.m. Aye: 5 Nay: 0 Mayor Geagan immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 7:50pm and introduced "Visitors to be Heard". VISITORS TO BE HEARD Elaine Eyre, 1373 Interlachen, requested that in the future the "Visitors To Be Heard" portion of the Council agenda be moved to the beginning of the meeting rather than the end. Councilmembers indicated this issue would be discussed at an upcoming retreat. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:55 p.~, 1 (L~~:A~)' '1 'Ate) J . 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) 681-4600, (TDD phone: (651) 454-8535). /) , . '- / /., , I L--(/) ~ ~ 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.