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01/15/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 15, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, January 15, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys; City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Holz Farm - National Register of Historic Places A presentation was made regarding the designation of Holz Farm on the National Register of Historic Places. A plaque was presented on behalf of the Friends of the Farm and City of Eagan. Sonya Rippe - Recipient of the Dorthea Nelson Award Sonya Rippe, Recreation Facilities Manager was recognized for the recent Dorothea Nelson Award that was presented to her by the Minnesota Recreation and Parks Association. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 3, 2008 regular City Council meeting, as presented. B. Personnel Items. There were no personnel items. C. Check Registers. It was recommended to ratify the check registers dated December 27, 2007 and January 3, 2008 as presented. D. Grant. It was recommended to approve a resolution accepting a $2,200 Grant from Factory Mutual 08-01 Insurance Company for the Fire Department; and approve a budget adjustment to adjust revenues up by $2,200 in the Fire Department's administrative capital budget program (1221-6670) E. Comprehensive Water Supply, Emergency and Conservation Plan. It was recommended to adopt the Comprehensive Water Supply, Emergency and Conservation Plan and authorize the Public Works Director to certify its approval to the Minnesota Department of Natural Resources. F. Speed Limit Study. It was recommended to approve a resolution requesting MnDOT to perform all required speed studies necessary to designate the proper speed limit for Argenta Trail from TH 149 (Dodd Road) to County Road 28 (Yankee Doodle Road). G. Project 963. It was recommended to receive the Draft Feasibility Report for Project 963, Nicols Road / Nancy Circle (Street Improvements) and schedule a public hearing to be held on February 19, 2008. H. Project 964. It was recommended to receive the Draft Feasibility Report for Project 964, Yankee Doodle Road - West of Terminal Drive (Street Improvements) and schedule a public hearing to be held on February 19, 2008. Eagan City Council Meeting Minutes January 15, 2008 Page 2 1. Project 965. It was recommended to receive the Draft Feasibility Report for Project 965, Elrene Road - Wescott Road to Trails End Road (Street Improvements) and schedule a public hearing to be held on February 19, 2008. J. Project 966. It was recommended to receive the Draft Feasibility Report for Project 966, Federal Drive - Washington Drive to Yankee Doodle Road (Street Improvements) and schedule a public hearing to be held on February 19, 2008. K. Project 968. It was recommended to receive the Draft Feasibility Report for Project 968, Lexington Pointe Parkway / Daniel Drive (Street Improvements) and schedule a public hearing to be held on February 19, 2008. L. Grant. It was recommended to approve an agreement with the Minnesota Pollution Control Agency for a Fish Lake and Schwarz Lake Nutrient Impairment Total Maximum Daily Load (TMDL) Project and authorize the Mayor and City Clerk to execute all related documents. M. Ordinance Amendment. It was recommended to authorize the preparation of new and revised ordinance language as an amendment to the City Code that addresses the City of Eagan's Storm Water Pollution Prevention Plan (SWPPP) and the Water Quality and Wetland Management Plan (WQWMP) and direct staff to prepare draft ordinances for further consideration. N. Joint Powers Agreement. It was recommended to approve the 11 City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. 0. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Waters Annex and schedule a public hearing to be held on February 19, 2008. P. Contract Renewal. It was recommended to approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. Q. Amendment to Joint Powers Agreement. It was recommended to approve the proposed changes to the existing joint powers agreement entitling agencies to obtain additional reimbursement for allocating additional agents. R. Grant. It was recommended to accept a Grant from the State of Minnesota on behalf of the Dakota 08-02 County Drug Task Force and approve a resolution authorizing execution of the agreement. S. Unclaimed or Abandoned Property. It was recommended to approve destruction of unclaimed or abandoned property per Eagan City Ordinance 2.70. T. Ordinance Amendment. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to standard City Code compliance in association with various City approvals. U. Equipment Replacement. It was recommended to approve the purchase of a non-linear editing equipment for Burnsville/Eagan Community Television (BECT) to replace existing equipment. V. Authorization of Survey. It was recommended to authorize Decision Resources to conduct a survey regarding open space. W. Project 776 - Gopher Resource Corp. It was recommended to approve Assessment Appeal Settlement Agreement for Project 776 (Yankee Doodle Road) with Gopher Resource Corp. and authorize the Mayor and City Clerk to execute all related documents. X. Project 776 - Virginia Fox. It was recommended to approve Assessment Appeal Settlement Agreement for Project 776 (Yankee Doodle Road) with Virginia Fox and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 960, BRITTANY 8TH - 10TH ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Brittany 8"' - 10"' Additions. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes January 15, 2008 Page 3 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 960 (Brittany 8 th - 10th Additions - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 961, BUR OAK HILLS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Bur Oak Hills. City Engineer Matthys gave a staff report. Mayor Maguire 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 approve Project 961 (Bur Oak Hills - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 962, CLIFF DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Cliff Drive. City Engineer Matthis gave a staff report. Mayor Maguire 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 Approve Project 962 (Cliff Drive - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 VARIANCE - DAVID MARSH (1374 BERRY RIDGE ROAD) City Administrator Hedges introduced this item regarding a variance of 5 feet to the required 30-foot front yard setback to construct an addition to the existing single family home at 1374 Berry Ridge Road. City Planner Ridley gave a staff report. David Marsh discussed the proposed variance and presented a petition signed by neighbors in favor of the proposed variance. Mayor Maguire 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 Bakken seconded a motion to approve a Variance of 5 feet to the required 30 foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge Road in the SW 1/4 of Section 22 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 addition shall comply with all other applicable Zoning Ordinance provisions. 3. A building permit must be obtained proper to construction. 4. The exterior materials of the proposed addition shall match the existing structure. 2008 ORGANIZATIONAL BUSINESS Eagan City Council Meeting Minutes January 15, 2008 Page 4 City Administrator Hedges explained that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: ACTING MAYOR Councilmember Bakken nominated Councilmember Carlson as Acting Mayor. Councilmember Fields seconded the nomination. Mayor Maguire moved Councilmember Tilley seconded a motion to appoint Councilmember Carlson as Acting Mayor. Aye: 5 Nay: 0 OFFICIAL LEGAL NEWSPAPER Motion was made by Tilley, seconded by Fields to approve retention of the This Week Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 15, 2008 Page 5 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the 2008 Schedule of City Council meetings as presented noting the alternate dates. Aye: 5 Nay: 0 2008 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 3* Thursday MAY 6 SEPTEMBER 2 JANUARY 15 MAY 20 SEPTEMBER 16 FEBRUARY 4** Monday JUNE 3 OCTOBER 7 FEBRUARY 19 JUNE 17 OCTOBER 23**** Thursday MARCH 3*** Monday JULY I NOVEMBER 6***** Thursday MARCH 18 JULY 15 NOVEMBER 18 APRIL 1 AUGUST 5 DECEMBER 1****** Monday APRIL 15 AUGUST 19 DECEMBER 16 * January 3 due to New Year's Day February 4 due to caucuses March 3 due to caucuses October 23 due to Shemini Atzeret & Simchat Torah November 6 due to Election Day December 1 - Truth in Taxation There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2008 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 8 MAY 13 SEPTEMBER 9 JANUARY 22 (tentative) MAY 27 (tentative) SEPTEMBER 23 (tentative) FEBRUARY 12 JUNE 12* Thursday OCTOBER 16** Thursday FEBRUARY 26 (tentative) JUNE 24 (tentative) OCTOBER 28 (tentative) MARCH 11 JULY 8 NOVEMBER 13*** Thursday MARCH 25 (tentative) JULY 22 (tentative) NOVEMBER 25 (tentative) APRIL 8 AUGUST 12 DECEMBER 8**** Monday APRIL 22 (tentative) AUGUST 26 (tentative) * June 12 due to Shavuot * * October 16 due to Sukkot November 13 due to Veteran's Day Holiday Eagan City Council Meeting Minutes January 15, 2008 Page 6 * * * * December 8 due to Truth in Taxation CITY COUNCIL MEETING PROCEDURES Councilmember Carlson moved, Councilmember Fields seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, and approve the guideline/handout for public participation in Council meetings; to ratify Council's past practice and policy that during the City Council filing period (July - November, 2008) Visitors to be Heard shall occur for a period of time not to exceed ten minutes and shall not be televised during this time; and to ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as listed. Aye: 5 Nay: 0 Standing Committees: Finance Committee: Councilmember Carlson and Mayor Maguire Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Carlson Communications Committee: Councilmember Tilley and Councilmember Carlson School District #191: Councilmember Fields and Councilmember Tilley School District #196: Councilmember Fields and Councilmember Tilley School District #197: Councilmember Fields and Councilmember Tilley Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Carlson Advisory Planning Commission - Councilmember Bakken Airport Relations Committee - Councilmember Fields Burnsville Eagan Telecommunications Commission - Councilmember Tilley Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board - Councilmember Tilley Municipal Legislative Commission Board - Mayor Maguire Cedar Corridor Committee - Mayor Maguire (City Administrator as alternate) Monthly Mayor/Manager Breakfasts - Mayor Maguire Dakota County Communication Board - Mayor Maguire (Councilmember Fields as alternate) MSP Noise Oversight Committee - Councilmember Fields (Assistant to City Administrator Miller and Community Director Hohenstein as alternates) Eagan Convention and Visitors Bureau - Peggy Carlson Other: Testimony at Legislature - all as needed Metro Cities Board of Directors - Mayor Maguire Capon Art Park Board - Mayor Maguire Breakfast with Mayor / Chamber of Commerce - Mayor Maguire Fire Relief Association Board of Trustees - Mayor Maguire and the Director of Administrative Service VanOverbeke Eagan City Council Meeting Minutes January 15, 2008 Page 7 ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Elected Officials Out-of- State Travel Policy. Aye: 5 Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - THE SHOPS AT GRAND OAK City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55. This item was continued from the January 3Rd meeting to allow time for the applicant to prepare plans for a panel to read "Enter on Dodd Road", as well as a direction sign to be located near the entrance off of Dodd Road. City Planner Ridley discussed the revised plans. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a 19.8 square foot panel on the existing pylon sign at the corner of Highway 55 and Dodd Road to read "Enter on Dodd Rd., as well as a 5 foot, 6 inch tall directional sign to be located near the entrance off of Dodd Road, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2 subject to the following conditions: Aye: 5 Nay: 0. 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the tenant panels. 3. The new sign panel and directional ground sign shall not exceed the dimensions as indicated on the sign exhibits received on January 8, 2008. PRELIMINARY SUBDIVISION - DG WELDING FIRST ADDITION DG ENTERPRISES City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive. He noted that this item had been continued from previous Council meetings due to issues regarding an access easement. City Engineer Matthys reviewed potential access options. Council held a discussion with Mike, Pat and Alan Dolney of DG Welding, along with staff regarding the possible access easement options. It was the suggestion by Council and agreed to by the applicants that a temporary access easement be granted to the City across their existing property (Lot 1, Block 1, Tan Me Industrial Park First Addition)-so that the applicant can proceed with the subdivision of the property. Permanent easement arrangements will continue to be negotiated. Mayor Maguire moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition in the SE 1/4 of Section 8, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1 2. The property shall be platted. Eagan City Council Meeting Minutes January 15, 2008 Page 8 3. Future development of this subdivision (i.e. parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4. Any future development of Lot 1 (i.e. parking/storage expansion) shall construct and maintain a 30-foot side clear, paved access road within this easement, from Sun Drive to the City property. 5. Storage shall not be allowed within the ingress/egress easement area on Lot 1. 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/egress easement within the fence. 7. Future development of this subdivision (i.e. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion of the building. Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. 10. The property owner shall grant a temporary ingress/egress easement in favor of Parcel 10-00800-011-50 across Lot 1, Block 1, Tan Me Industrial Park First Addition, for a period not to exceed two years. NEW BUSINESS CHARTER COMMISSION APPOINTMENTS City Attorney Dougherty discussed the authority and obligation of the City to fill vacancies on the Eagan Charter Commission. City Administrator Hedges discussed the appointment process for the Charter Commission. Mayor Maguire discussed the interview process and the continuation, from the December 3, 2007 Council meeting, appointment of two Councilmembers to the Commission. Mayor Maguire moved, Councilmember Fields seconded a motion to appoint Councilmembers Bakken and Carlson to the Eagan Charter Commission. Aye: 3 Nay: 1 (Carlson abstained, Tilley voted nay) Ballots were distributed and the City Council voted to appoint the following five citizens to the Charter Commission. Shawn Hunter Tom King Ryan Bronson Daniel Keeley Bruce Anderson Mayor Maguire moved, Councilmember Fields seconded a motion to ratify the appointments as listed and slot them in the order they were appointed. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. The regular City Council meeting was recessed at 9:20 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:35 p.m. ADMINISTRATIVE AGENDA There were no items. Eagan City Council Meeting Minutes January 15, 2008 Page 9 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the regular meeting at 9:36 p.m. Date Administrative Secretary / 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.