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11/18/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 18, 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 Hansen. Councilmember Bakken was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, November 18, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley and Hansen. Councilmember Bakken was absent. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that the Administrative Agenda item regarding the request for bids for E-TV could be moved to the Consent Agenda. He also noted that the request for approval for hiring personnel for E-TV could also be added to the Consent Agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Oath of Office was administered to newly-elected Councilmember Gary Hansen. The Oath of Office was administered to Police Officer Aaron Machtemes. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the November 6, 2008 regular City Council meeting and the October 28, 2008 Special City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the hiring of Margaret Knoll, part-time Clerical Tech IV in the Police Department. 2. It was recommended to approve the hiring of the following for Eagan Television: Jeff Ongstad, Studio Supervisor Dan Callahan, Client Services Coordinator David Elbon, Government Programming Coordinator Fred Miller, Video Specialist / Field Coordinator C. It was recommended to ratify the check registers dated October 30, 2008 and November 6, 2008. D. It was recommended to declare the following parcels as non-conservation land: 1. 10-17402-040-00 (Cinnamon Ridge 3~d Addition Outlot D) 2. 10-62750-040-00 (Rahn Ridge Outlot D) 3. 10-65903-021-00 (St Francis Wood 4th Addition Outlot B) 4. 10-65903-03 1-00 (St Francis Wood 4th Addition Outlot C) 5. 10-02100-010-40 (Unplatted Part of Section 21) E. It was recommended to receive the draft Feasibility Report for Project 973, (Windtree Additions - Street Improvements) and schedule a public hearing to be held on December 15, 2008. City Council Minutes November 18, 2008 Page 2 F. It was recommended to receive the draft Feasibility Report for Project 975, (Marice Dr. / Sherman Court / Norwest Court - Street Improvements) and schedule a public hearing to be held on December 15, 2008. G. It was recommended to receive the Draft Feasibility Report for Project 976, (Avalon / Burnside Avenues - Street Improvements) and schedule a public hearing to be held on December 15, 2008. H. It was recommended to receive the Draft Feasibility Report for Project 977, (Robin Lane - Street Improvements) and schedule a public hearing to be held on December 15, 2008. 1. It was recommended to approve a revised wetland replacement plan for Project 04-B, Terra Glenn. J. It was recommended to receive the petition to vacate public drainage and utility easements within the four United States Postal Service properties at 3145 Lexington Avenue and schedule a public hearing to be held on December 15, 2008. K. It was recommended to authorize the preparation of plans and specifications for Contract 09-03 by Bonestroo Inc. to construct an alum treatment settling basing and refurbishment of the Fish Lake alum dosing station. L. It was recommended to appoint Maggie Jensen to fill the Advisory Planning Commission seat vacated by Gary Hansen. M. It was recommended to approve the on-sale liquor and Sunday license for Ansari Brothers, Inc. dba Ansari's Mediterranean Grill & Bar located at 1960 Rahncliff Court. PUBLIC HEARINGS VARIANCE - PATRICK KOEHLER 1700 DEERWOOD DRIVE City Administrator Hedges introduced this item regarding a request for a variance of 16.5 feet to the required 40- foot front yard setback to construct a shed at 1700 Deerwood Drive. City Planner Ridley gave a staff report. Applicant Patrick Kohler stated he was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing turning discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 16.5 feet to the required 40-foot front yard setback to construct a shed at 1700 Deerwood Drive, legally described as Lot 5, Block 1, Oak Ridge Acres 1st Addition, in the SE 1/4 of Section 20, subject to the following conditions: Aye: 4 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 applicant shall obtain a building permit prior to continuing with construction. 3. The shed must be attached to the principal structure. 4. The proposed addition shall be constructed using materials and with a roof pitch and style to match the principal structure. PROJECT 963, NICOLS ROAD / NANCY CIRCLE STREET OVERLAY IMPROVEMENTS - FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 963, Nicols Road / Nancy Circle Street overlay improvements. Public Works Director Colbert 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. City Council Minutes November 18, 2008 Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 963 (Nicols Road / Nancy Circle - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 967, WESCOTT ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 967 (Wescott Road street overlay improvements). Public Works Director Colbert 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 Hansen moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 967 (Wescott Road Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS REMOVAL OF WHITE PINE WAY BARRICADE City Administrator Hedges discussed the history and request to remove the barricade on White Pine Way at the Inver Grove Heights boundary. Two Eagan residents and three Inver Grove Heights residents spoke in favor of removing the barricade. A question regarding the intersection of White Pine Way and Sycamore Drive was raised. Staff discussed possible signage at the intersection. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the requested removal of the barricade on White Pine Way at the Inver Grove Heights boundary. The Council also encouraged the City of Inver Grove Heights to add signage directing construction traffic to the north and also gave direction given to Engineering staff to conduct a traffic study for the White Pine Way/Sycamore Drive area later next year. Aye: 4 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT - LAND DISTURBANCE AND EROSION CONTROL City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 4.32 of the City Code regarding land disturbance and erosion control regulations. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt the recommended revisions to the Land Disturbance and Erosion Control regulations of City Code Section 4.32. Aye: 4 Nay: 0 SHERWOOD WAY AND COVINGTON LANE STOP SIGN PETITION City Administrator Hedges introduced this item regarding a petition requesting the installation of all-way stop signs at the intersection of Sherwood Way and Covington Lane. Public Works Director Colbert and Traffic Engineer Plath gave a staff report noting that a traffic study had been conducted and no warrants were met that would justify the installation of all-way stop signs. City Council Minutes November 18, 2008 Page 4 Councilmember Fields moved, Councilmember Hansen seconded a motion to receive a petition and deny the installation of all-way stop signs at the intersection of Sherwood Way and Covington Lane. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator noted that the Minnesota Legislative Commission has nominated Mayor Maguire as Chair of the Commission. At 7:47 p.m. the regular City Council meeting was recessed to immediately convene a meeting of the Economic Development Authority. At 7:50 p.m. the regular City Council meeting was reconvened. ADMINISTRATIVE AGENDA 1. City Administrator Hedges discussed the requirement by the LMC and Metro Cities to have one delegate to vote on behalf of the City at their policy adoption meeting on November 20. He noted that Mayor Maguire had expressed an interest in attending the meeting on the City's behalf. Councilmember Tilley moved, Councilmember Fields seconded a motion to appoint Mayor Maguire as the City of Eagan's voting delegate at the LMC and Metro Cities Policy Adoption Meetings on November 20, 2008. Aye: 4 Nay: 0 2. Public Works Director Colbert and Superintendent of Streets Struve discussed the Winter Trail Maintenance Priority Response Plan for 2008-2009. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Winter Trail Maintenance Priority Response Plan for 2008-2009. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:10 p.m. Date Administrative Secretary / Deputy Clerk