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10/21/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 21, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley and Hunter. Councilmember Bakken was absent. Keith Caldwell was present to discuss the noise ordinance, requesting additional measures be added to reduce the risk of disturbing noise from another event such as the recent Faithful Shepherd Septemberfest. A regular meeting of the Eagan City Council was held on Tuesday, October 21, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley and Hunter. Councilmember Bakken was absent. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item will be added under Recognitions and Presentations, and an item added under the Administrative Agenda. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire discussed the "Operation Boss Lift" event that the City Council, the City Administrator and Assistant to the City Administrator participated in. CONSENT AGENDA It was noted that item F would be continued to November 6. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the October 7, 2008 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to accept the letter of resignation from John Rogers, Crime Analyst in the Police Department. C. It was recommended to ratify the check registers dated October 9, 2008, and October 16, 2008. D. It was recommended to adopt the Red Flags Rule Identity Theft Prevention Program. E. It was recommended to direct staff to prepare an ordinance amendment to Chapter 10, Section 10.11 regarding potentially dangerous and dangerous dog regulations. F. Continued to November 6. Off-sale 3.2 percent malt liquor (beer) license for Eagan 2008 LLC, dba Cub Foods #31794. G. It was recommended to declare bicycles to be surplus property. H. It was recommended to approve a License to Sell Tobacco Products to Cub Foods- Eagan East #31794, 1020 Diffley Road. 1. It was recommended to approve a Massage Therapy Establishment License for Jennifer Myers (The Bodywork Studio) at 3352 Sherman Court. J. It was recommended to approve the submission of the 2009 Funding Application from Dakota County to operate a Recycling Program for the Cities of Apple Valley, Eagan and Burnsville. K. It was recommended to adopt a resolution authorizing the submittal of request to extend the submittal 08-45 deadline for the 2008 Comprehensive Plan Update. City Council Minutes October 21, 2008 Page 2 L. It was recommended to approve a Final Plat (River Hills Substation) to create one lot on approximately 1 acre located in the SW 1/4 of Section 2. M. Item Removed. N. It was recommended to direct the preparation of a City Code Amendment to permit water shut offs in certain circumstances. 0. It was recommended to receive the Final Assessment Roll for Project 963 (Nicols Road / Nancy Circle - Street Improvements) and schedule a public hearing to be held on November 18, 2008. P. It was recommended to receive the Final Assessment Roll for Project 967 (Wescott Road - Street Improvements) and schedule a public hearing to be held on November 18, 2008. Q. It was recommended to delegate the authority to appoint the Commissioner and Alternate for Group AA of the Blackdog WMO to the City of Apple Valley and affirm the applications of Mary Hamann- Roland as Commissioner and Steven David as the Alternate; and Appoint Douglas Kneich as the Alternate to the Gun Club WMO. R. It was recommended to approve Dakota County's draft 5-year Transportation Capital Improvement Program for 2009-2013. S. It was recommended to approve Change Order No. 1 for Contract 08-08 (2008 Citywide Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve an extension of the daily site construction work hours for Bolander & Sons, Inc. under the U.S. Postal Service Bulk Mail Facility Expansion grading/excavation permit, to begin at 6:00 a.m. CDT/CST. U. It was recommended to accept a donation of $300 and 1,000 plastic bags from Kowalski's Market for the 2008 Halloween Hodgepodge event. V. It was recommended to approve the 2010/2011 fee schedule for the Eagan Community Center as presented. W. It was recommended to authorize staff to advertise for Request for Proposals for the exclusive food/beverage/liquor catering service within the Eagan Community Center and other defined city facilities to accommodate meetings and events. X. It was recommended to approve Change Order No. 2 for Contract 08-06 (Northwood Parkway - I-35E Overpass) for the Northwood Parkway bridge over I-35E and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 957, BLACKHAWK OAKS (RIVERTON AVE.) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 957, Blackhawk Oaks / Riverton Avenue - street overlay improvements. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 957 (Blackhawk Oaks / Riverton Avenue - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 959, EDEN ADDITION STREET OVERLAY IMPROVEMETNS, FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 957, Blackhawk Oaks / Riverton Avenue - Street overlay improvements. Assistant City Engineer Gorder gave a staff report. City Council Minutes October 21, 2008 Page 3 Mayor Maguire opened the public hearing. Hassan Warsame, 4461 Clover Lane questioned why he was expected to pay an assessment plus an association fee and real estate taxes. Mayor Maguire and staff explained the differences of each fee. There being no further comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 959 (Eden Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 956, BRIAR HILL 1ST / 2ND / 4TH / ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment hearing for Project 956, Briar Hill 1st/ 2" d/ 4th Additions street overlay improvements. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. Janice Kendleman noted that she would like to appeal her assessment, and discussed some curb repair (uneven pavement that scrapes the underside of her vehicle) that she had inquired about two years ago. She noted that the problem had not been addressed at that time and still was not solved after the street improvement was completed. Assistant City Engineer Gorder discussed the issue regarding that specific curb, stating that the Engineering Department was not aware of the specific concern prior to the improvement project; however, the issue is caused by the slope of the private drive as it meets the curb. City Attorney Dougherty discussed the appeal process and Council's options. Councilmember Hunter stated he felt Ms. Kendleman should be removed from the assessment roll since she had contacted City two years ago regarding the problem. Mayor Maguire stated that he believed Ms. Kendleman did receive the benefit of the public improvement and that issue with the slope of the drive was a separate matter that should be addressed with the Home Owners Association. Council held a discussion. Staff was directed to contact the Briar Hill Association to discuss the possibility of a joint effort to correct the curb issue. There being no further public comment Mayor Maguire closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 956 (Briar Hill 1st / 2nd / 4th Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 1 (Hunter opposed) PROJECT 954, GLORY DRIVE / CEDAR RIDGE CIRCLE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment hearing for Project 954, Glory Drive / Cedar Ridge Circle street overlay improvements. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. City Council Minutes October 21, 2008 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 954 (Glory Drive / Cedar Ridge Circle - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 962, CLIFF DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment hearing for Project 962, Cliff Drive street overlay improvements. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve the Final Assessment Roll for Project 962 (Cliff Drive - Street Overlay improvements) and authorize its certification to Dakota County for collections. Aye: 4 Nay: 0 PROJECT 966, FEDERAL DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 966 , Federal Drive street overlay improvements. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Hunter moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 966 (Federal Drive - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS There were no Old Business items. NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION - EAGAN PLACE 4TH MSP COMMERCIAL City Administrator Hedges introduced this item regarding a preliminary and final subdivision to create two lots upon approximately 3.39 acres located at 1215 Town Centre Drive. City Planner Ridley gave a staff report. Councilmember Hunter moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Eagan Place 4th Addition) to create two lots upon approximately 3.39 acres located at 1215 Town Centre Drive, legally described as Lot 1, Block 1, Eagan Place 3rd Addition, in the NE 1/4 of Section 15, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B4 2. The property shall be platted. 3. Prior to issuance of a certificate of occupancy for the building under construction, the applicant shall provide evidence acceptable to the City Attorney that the private parking easement has terminated. City Council Minutes October 21, 2008 Page 5 Councilmember Hunter moved, Councilmember Tilley seconded a motion to approve a Final Subdivision (Eagan Place 4th Addition) to create two lots upon approximately 3.39 acres located at 1215 Town Centre Drive, legally described as Lot 1, Block 1, Eagan Place 3rd Addition, in the NE 1/4 of Section 15. Aye: 4 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 6 CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 6 regarding a licensing procedure for body art establishments. City Planner Ridley gave a staff report. Discussion was held regarding compliance measures to be taken pertaining to minors. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve an Ordinance Amendment to Chapter 6 specifically to create a licensing procedure for Body Art establishments and direct the City Attorney to package the amendment for publication in the legal newspaper. Aye: 4 Nay: 0 POST-CONSTRUCTION STORM WATER MANAGEMENT ORDINANCE AMENDMENT City Administrator Hedges introduced this item regarding an ordinance amendment to the City Code, Chapter 4.33 regarding post-construction storm water management regulations. Assistant City Engineer Gorder gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the Post-Construction Storm Water Management regulations into City Code as Section 4.33. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE CORRESPONDENCE TO FEDERAL AVIATION ADMINISTRATION AIR TRAFFIC CONTROL TOWER REGARDING USAGE OF RUNWAY 17/35 AT MSP AIRPORT City Administrator Hedges and Assistant to the City Administrator Miller discussed a recommendation of the Eagan Airport Relations Commission to send correspondence to the FAA regarding recent concerns about the usage of Runway 17/35. Councilmember Fields moved, Councilmember Hunter seconded a motion to approve the October 14, 2008 recommendation of the Eagan Airport Relations Commission to send correspondence to the FAA regarding recent concerns about the usage of Runway 17/35. Aye: 4 Nay: 0 At 8:30 p.m. the regular City Council meeting was recessed to immediately convene a meeting of the Economic Development Authority. At 8:35 p.m. the regular City Council meeting was reconvened. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the need for additional technical consulting time (to the previously approved 170 hours) for the new E-TV(Eagan Television) operation. Councilmember Tilley moved, Councilmember Hunter seconded a motion to authorize up to 100 hours of additional technical consulting time, if needed, to complete the design, installation, and equipment acceptance testing of studio City Council Minutes October 21, 2008 Page 6 and master control equipment for the new E-TV (Eagan Television) operation so the project can be completed within the City's desire time frame. Aye: 4 Nay: 0 VISITORS TO BE HEARD Bill Kline of the Inver Grove Heights City Council requested that Council consider removing the physical barrier at the Woodland Preserve subdivision as referenced in the November 16, 2004 Eagan City Council minutes. He noted that only two occupancy permits remained to be issued and the condition that-75% of the lots having certificates of occupancy would be met. He further noted that the barrier created a hardship for area Inver Grove Heights residents in accessing the nearby elementary school. Council requested a letter of request from Inver Grove Heights be submitted and staff to place the item on the November 6t' agenda for consideration. ADJOURNMENT The Council recessed the meeting to immediately convene a closed session to discuss Comcast litigation and Cedar Grove redevelopment issues. The meeting was adjourned at 9:45 p.m. Date Administrative Secretary / Deputy Clerk