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03/21/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 21, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire and Tilley. Councilmember Carlson was not present. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on March 21, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, and Maguire. Councilmember Carlson was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOMMENDATIONS AND PRESENT A TIONS OATH OF OFFICE - FIRE CHIEF Mayor Geagan administered the Oath of Office to Michael Scott, the City's new full-time Fire Chief. PRESENT A TION REGARDING EAGAN HURRICANE KA TRINA RELIEF EFFORTS Ken Southorn, Part-tim Emergency Manager, and Communications Director Tom Garrison made a presentation regarding recent Hurricane Katrina relief efforts in Pass Christian, Mississippi. CONSENT AGENDA It was noted that item J regarding the Diffley Marketplace would be pul1ed for discussion. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 6, 2006 regular City Council meeting and the February 13, 2006 special City Council meeting as presented. B. Personnel Items. \. It was recommended to approve the hiring of Robert Muller as a Parks Maintenance Worker. C. Check Registers. It was recommended to ratifY the check registers dated March 9, 2006 and March 16, 2006 as presented. D. Temporarv On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Eagan Foundation and waive the $] 50 license fee. E. Designate Depositorv. It was recommended to designate Anchor Bank as a depository for City funds. F. Certificate of Release of Land. It was recommended to approve a Certificate of Release of Land from Waiver of Objection to Special Assessments. G. Assistance to Firefighters Grants Program. It was recommended to authorize an application for the Assistance to Firefighters Grant to cover cost of new radio equipment for the 800 MHz radio system. H. Owest Contract Renewal. It was recommended to renew a contract between Qwest and the City of Eagan for E911 PSAP equipment and maintenance agreement. I. Final Plat. It was recommended to continue action on the Vacation of easements and the Final Plat for Halley's 2nd Addition to the May 16,2006 City Council meeting. 1. Pulled for discussion (Diffley Marketplace). K. Removed from agenda prior to meeting. L. Tobacco License. It was recommended to approve a tobacco license for Adel Dhanani at 4206 Nicols Road. Eagan City Council Meeting Minutes March 2], 2006 Page 2 M. Donation. It was recommended to accept a donation of $300 from the Eagan Senior Program Advisory Board for Parks and Recreation. N. Changes in Fees. It was recommended to approve the following policy change to the Parks and Recreation fees and Charges Policy: Allow the charge of a $50 protest fee to a team that chooses to protest a rule and/or eligibility from adult league play. O. Accept Grant Funding. It was recommended to accept grant funding in the amount of $4,600 from LCTS to target individuals and families living in low income, high density, isolated neighborhoods. P. Municipal State Aid Route Designation. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of various existing street segments, and the removal of some currently designated street segments, on the City of Eagan's Municipal State Aid (MSA) roadway system. Q. Development Acceptance & Maintenance Authorization. It was recommended to acknowledge the completion of improvements for City Project No. 05-D (Cedar Bluffs Business Center) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. R. Proiect 719. It was recommended to approve an Agreement for Preliminary Engineering for Project 719 (Diffley Road and Rahn Road - Traffic Study of Intersection Upgrade) with the Dakota County Transportation Department and authorize the Mayor and Deputy City Clerk to execute all related documents. S. Contract 05-08. It was recommended to approve plans and specifications for Contract 05-08 (Lone Oak Drive and Lone Oak Parkway - Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 20, 2006. T. Claim for Damages. It was recommended to receive the recommendation from the Public Works Committee, approve the proposed settlement agreement with Henry Jandewerth (1704 Walnut Lane) and authorize the Mayor and Deputy City Clerk to execute all related documents. U. Project 918. It was recommended to approve an Easement Agreement for Project 918 (Pilot Knob Road and Lone Oak Road - Street and Traffic Signal Improvements) with the owners of Parcel 10-18300-010-02 and authorize the Mayor and Deputy City Clerk to execute all related documents. V. Business Window Signage Task Force. It was recommended to authorize the formation ofa Business Window Signage Task Force and postpone enforcement of Window Sign Provisions of the City Sign Code pending Council action on the Task Force Report. 06-09 J. Final Plat and final Planned Development - Diffley Marketplace - Diffley Ventures - A Final Plat of 10.64 acres and a final Planned Development to allow a commercial retail development including a grocery store, two multi-tenant retail buildings located on Outlot A, Lexington Pointe Seventh Addition in the NW V4 of Section 26. City Administrator Hedges and Public Works Director Colbert explained that a % access at Diffley Road and a one- way entrance only access from Daniel Drive was denied by the County's Physical Development Committee at their March 21 meeting. It was recommended this item be continued until April 4 to allow time to reconsider options. Councilmember fields stated she would like Council to meet with representatives of Dakota County to discuss the access issues. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Final Plat (Diffley Marketplace) to create one lot on approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington Pointe 7th Addition, in the NW V4 of Section 26 to the April 4, 2006 regular City Council meeting. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCE - ROGER AND MARCIA JOHNSON City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20% maximum building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove No.6, located at 1781 Gold Court. City Planner Ridley gave a staff report. Roger Johnson, applicant, discussed the proposed addition and variance. Eagan City Council Meeting Minutes March 21, 2006 Page 3 Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Variance to exceed the 20% maximum building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove No.6, located at 1781 Gold Court in the NE V4 of Section 20. Aye: 4 Nay: 0 PROJECT 874, TH 55 NORTH FRONT AGE ROAD / GIFT 0 MARY STREET AND UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for TH 55 North Frontage Road / Gift of Mary street and utility improvements. Public Works Colbert gave a staff report. Mayor Geagan opened the public hearing. John Cina, 3402 Highway 55, objected to the assessment to his property stating he would not benefit from the street improvements. Council explained the senior citizen deferment option for Mr. Cina and suggested he meet with Administrative Services Director VanOverbeke. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 874 (TH North Frontage Road / Gift of Mary - Street and Utility Improvements) for Parcels 10-3800-070-02 and 10-01200-060-02 and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS CLARIFICA TION FOR HAWTHORNE RIDGE - EXCEL DEVELOPMENT City Administrator Hedges explained that Excel Development is seeking City Council clarification regarding restaurant uses in the Hawthorne Ridge strip retail center located at 525 Diffley Road. City Planner Ridley provided background information. Several area residents and a representative of Cooper's Restaurant expressed their concerns regarding increased traffic, lighting issues, and odors should a restaurant be allowed on the site. Other residents stated a coffee or sandwich shop would be welcome provided traffic did not become an issue. After discussion, it was the consensus of Council to honor what was agreed to with the neighborhood during the rezoning of the property from Agricultural to Neighborhood Business and not al10w a restaurant on the site. It was further agreed that the guideline for what defines a restaurant would hinge on the state requirement for a restaurant license. NEW BUSINESS PRELIMINARY SUBDIVISION (GOPHER COMMONS) - GOPHER RESOURCES City Administrator Hedges introduced this item regarding a request for a variance to the County's Access Spacing Guidelines for the proposed Gopher Commons subdivision. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to request a Variance to the County's Access Spacing Guidelines for the proposed Gopher Commons subdivision. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes March 21, 2006 Page 4 BORCHERT LANE NO PARKING City Administrator Hedges introduced this item regarding a resolution to prohibit parking on the north/east side of Borchert Lane. Public Works Director Colbert gave a staff report. Councilmember fields moved, Councilmember Tilley seconded a motion to adopt a resolution to prohibit parking on the north/east side of Borchert Lane and authorize the Mayor and Deputy Clerk to execute all related documents. Aye: 4 Nay: 0 06-10 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an update regarding bonding issues currently being addressed at the State Legislature. Councilmember Fields suggested that a letter of congratulations be sent to Congressman Ramstad who was recently named Congressman of the Year by N .O.I.S.E. The regular City Council meeting was recessed at 8: 10 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:45 p.m. ADMINISTRA TIVE AGENDA There were no items. VISITORS TO BE HEARD A Petition was submitted by a retail owner of Cedarvale shopping Center for a dinner theater, fine arts and community theater. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:50 p.m. Aye: 5 Nay: 0 1rJ Ml__11 d ~ r16J?J0 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, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that al1 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.