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09/16/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 16, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire Councilmembers Bakken, Fields, Tilley and Hunter. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 16, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item regarding rescheduling of Council meetings will be moved from Administrative Agenda to item U of the Consent Agenda. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Bill Droste of Rosemount presented a traveling trophy to the Eagan City Council for winning the Border Cities' Challenge Trap Shoot at a recent Boy Scout fundraiser. CONSENT AGENDA Councilmember Bakken pulled item U for a separate motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to reschedule the October 23 regular City Council meeting to October 21, cancel the Special City Council meetings for October 16 and November 13 and schedule a special City Council meeting for October 28. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the September 2, 2008 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the hiring of Aaron Machtemes as a Police Officer 2. It was recommended to approve the revised Tobacco Free Workplace Policy as presented C. It was recommended to ratify the check registers dated September 4, 2008 and September 11, 2008. D. It was recommended to accept a grant from the State of Minnesota to conduct compliance checks in liquor establishments. E. It was recommended to accept a donation in the amount of $50 from the Residential Mortgage Group. F. It was recommended to approve the DARE/Police Liaison Services Agreement between the City of Eagan and ISD #196. G. It was recommended to approve agreements with Intrado and Flint Hills for the Emergency Preparedness Network. H. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. 1. It was recommended to approve a temporary on-sale liquor license for Southwest Area YMCA and waive the $150.00 license fee. J. It was recommended to receive the Final Assessment Roll for Project 954 (Glory Drive / Cedar Ridge Circle - Street Improvements) and schedule a public hearing to be held on October 23, 2008. Eagan City Council Meeting Minutes September 16, 2008 Page 2 K. It was recommended to receive the Final Assessment Roll for Project 956 (Briar Hill 1st / 2nd /4 th - Street Improvements) and schedule a public hearing to be held on October 23, 2008. L. It was recommended to receive the Final Assessment Roll for Project 957 (Blackhawk Oaks / Riverton Avenue - Street Improvements) and schedule a public hearing to be held on October 23, 2008. M. It was recommended to receive the Final Assessment Roll for Project 959 (Eden Addition - Street Improvements) and schedule a public hearing to be held on October 23, 2008. N. It was recommended to receive the Final Assessment Roll for Project 962 (Cliff Drive - Street Improvements) and schedule a public hearing to be held on October 23, 2008. 0. It was recommended to receive the Final Assessment Roll for Project 966 (Federal Drive - Street Improvements) and schedule a public hearing to be held on October 23, 2008. P. It was recommended to acknowledge the completion of improvements for city Project No. 06-Q, Waters Annex, and 08-A (Waters Annex 2 d) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. Q. It was recommended to approve the Telecommunication Lease and Memorandum of Lease Agreements with Verizon Wireless for the antennae installation on the Sperry Water Tower and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve a 60-day extension of time to record the final plat for CCBC Addition, located in the NE 1/4 of Section 03. S. It was recommended to approve the contract and award the bid for the Government Optical Fiber Network. T. It was recommended to award Contract 08-08 (2008 City-Wide Trail Improvements), to McNamara Contracting, for the Base Bid in the amount of $314,757.90 and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS VARIANCE - LARRY WITTWER (4785 ERIK'S BOULEVARD) City Administrator Hedges introduced this item regarding a request for a variance of 11 feet to the required 30-foot front yard setback to construct a garage addition at 4785 Erik's Boulevard. City Planner Ridley gave a staff report. Larry Wittwer discussed his request for the variance. Mayor Maguire opened the public hearing. Nancy Strom, a neighboring property owner, spoke in favor of the variance. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Member Hunter explained his position that standards should be maintained and his intent to vote against the Variance request. City Attorney explained the condition requiring the applicant to obtain an Interim Use Permit. Mayor Maguire explained to the Wittwers and their neighbor the need for the permit and the process. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of 11 feet to the required 30-foot front yard setback to construct a garage addition at 4785 Erik's Boulevard, legally described as Lot 9, Block 4, Twin View Manor in the NE 1/4 of Section 33, subject to the following conditions: Aye: 4 Nay: 1 (Hunter opposed) 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. Eagan City Council Meeting Minutes September 16, 2008 Page 3 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the principal structure. 4. The proposed garage addition shall match the roof pitch and style of the existing house and garage. 5. The existing storage structure in the rear yard shall be removed prior to final inspection of garage addition. 6. Storage of commercial vehicles on the property shall not be allowed without an Interim Use Permit. The parking/storage of commercial vehicles at this property and on adjacent public streets shall cease by December 31, 2008 unless an Interim Use Permit permitting such storage is approved by the Council before that date. VARIANCE - 1580 CENTURY POINT (KLECATSKY AND SONS) City Administrator Hedges introduced this item regarding a request for a variance to allow a second freestanding sign for property located at 1580 Century Point. City Planner Ridley 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. Tom Klecatsky, applicant, discussed the need for directional signage for additional parking. The Council held a discussion. Ridley explained that a six square foot directional sign could be added at each driveway entrance to the site from Century Point. Mayor Maguire stated that he felt appropriate signage could be installed within City Code regulations. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a second freestanding sign for property located at 1580 Century Point, legally described as Lot 1, Block 2, Century Addition, in the SW 1/4 of Section 9, subject to the following conditions: Aye: 3 Nay: 1 (Mayor Maguire) Abstain (Councilmember Tilley) 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 sign shall not exceed the size shown on the proposed Sign Plan dated June 25, 2008. 3. The sign shall comply with all other applicable Zoning Ordinance provisions. 4. A sign permit must be obtained prior to construction. 5. The variance precludes the applicant from installing any additional site signage. OLD BUSINESS APPOINTMENT OF LAW FIRMS TO REPRESENT THE CITY IN GENERAL, PROSECUTION, AND LABOR LEGAL SERVICES City Administrator Hedges discussed the process for appointing law firms to represent the City in general, prosecution, and labor legal services. Councilmember Bakken moved, Councilmember Hunter seconded a motion to approve the appointment of Severson, Sheldon, Dougherty, & Molenda, PA as the general legal services provider for the City of Eagan. Aye: 3 Nay: 0 (Fields and Tilley abstained) Councilmember Bakken moved, Councilmember Hunter seconded a motion to approve the appointment of Grannis & Hauge as the prosecution legal services provider for the City of Eagan. Aye: 4 Nay: 0 (Fields abstained) Eagan City Council Meeting Minutes September 16, 2008 Page 4 Councilmember Bakken moved, Councilmember Hunter seconded a motion to approve the appointment of Ratwick, Roszak, & Maloney as the labor legal services provider for the City of Eagan. Aye:4 Nay: 0 (Fields abstained) NEW BUSINESS COMPREHENSIVE GUIDE PLAN UPDATE - CITY OF EAGAN City Administrator Hedges introduced this item regarding the updated Comprehensive Guide Plan, noting that a public hearing had been held before the Advisory Planning Commission. City Planner Ridley gave a staff report. Councilmember Hunter moved, Councilmember Tilley seconded a motion to approve the 2008 Update for distribution to adjacent cities, Dakota County, school districts and agencies for their review. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11 to modify Accessory Structure standards. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment tc 08-42A Chapter 11 to modify Accessory Structure standards. Aye: 5 Nay: 0 TEMPORARY DEFERMENT FOR MVTA TO COMPLY WITH NOISE ATTENUATION STANDARDS FOR CEDAR GROVE TRANSIT STATION City Administrator Hedges introduced this item regarding a five year deferment for the Minnesota Valley Transit Authority (MVTA) to comply with the MPCA noise attenuation standards for the Cedar Grove Transit Station. Community Development Director Hohenstein gave a staff report. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve a resolution to allow a temporary (5 year) deferment for MVTA to comply with the MPCA noise attenuation standards for the Cedar 08-43 Grove Transit Station. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:00 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:03 p.m. ADMINISTRATIVE AGENDA 1. City Administrator Hedges and Communications Director Garrison discussed the Franchise Agreement with Comcast and the need for technical improvements to the new telecommunications studio to be located at Thomson Reuters. It was noted that Comcast has refused to acknowledge its responsibility under the agreement. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt a resolution authorizing the City Staff and City Attorney to enforce the Franchise Agreement with Comcast and to 08-44 Eagan City Council Meeting Minutes September 16, 2008 Page 5 authorize the City Administrator to engage the City Attorney's office to take appropriate legal action, if necessary, to allow for the continued availability of public cable television service to and within the City of Eagan. Aye: 5 Nay: 0 2. City Administrator Hedges discussed the draft Carriage Hills Fact Sheet to be published in the November/December issue of the Experience Eagan Newsletter that will be out by mid-October. Councilmember Tilley moved, Councilmember Hunter seconded a motion to provide direction to proceed with the Experience Eagan newsletter containing the Carriage Hills Fact Sheet so the issue can be distributed prior to the November election and assist voters with neutral background information concerning the Carriage Hills referendum and ballot question. Aye: 5 Nay: 0 3. Public Works Director Colbert discussed a revision made to the Winter Trail Maintenance Policy due to fiscal constraints requiring the elimination of the contractual expenditures resulting in the need to perform this service program with City staff and equipment as a secondary priority t be initiated upon completion of the snow and ice control program for local streets. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the revised Policy for Winter Maintenance of Sidewalks and Trailways. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:40 p.m. Administrative Secretary / Deputy City Clerk Date