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01/16/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 16, 2006 A listening session was held on January 16, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on January 16, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Engineer, Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Item I was pulled for discussion. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 2 regular City Council meeting as presented . B. Personnel Items. 1. It was recommended to approve the hiring of Ryan Moy as a Recreation Program Assistant. 2. It was recommended to approve the hiring of Alex Maves, Becky Hanning, Bob Rydberg, Dan Myers, Eric Holmay, Erick Bertelson, Geoff Cleveland, Hillary Haynes, Jennie Schorn, John Hemmingson, Jonah Lundberg, Joshua Garcia, Kati Schorn, Katie Maruish, Kelly Colbert, Kevin Blake, Kevin Stevenson, Matt Steele, Mike Hemmingson, Mike Eliers, Nick Kelley, Peter Fooshe, Renee Schlittler, Richard Otte, Ryan Marks, Tate Plath and Wayne Gray as Winter Recreation Leaders. 3. It was recommended to approve the hiring of Randy Boyden, Keith Wallace and Chad Huebener as winter adult sport officials. 4. It was recommended to approve a resolution offering Social Security to elected officials covered by 07-03 the PERA Defined Contribution Plan (DCP). C. Check Registers. It was recommended to ratify the check registers dated January 4, 2007 and January 11, 2007 as presented. D. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Wright Tree Service and Kaufman Enterprises, Inc. E. Tobacco License. It was recommended to approve a 2007 Tobacco License for Tobacco Outlet, 1430 Yankee Doodle Road. F. Trash Hauler License. It was recommended to approve a 2007 Trash Hauler License for Veolia Environmental Service. G. Final Subdivision. It was recommended to approve a Final Subdivision (Marian Addition) to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE ¼ of Section 27. H. Item was removed from agenda. I. Rezoning. Pulled for discussion. J. Contract 06-05. It was recommended to approve plans and specifications for Contract 06-05 (Blackhawk Road/Galaxie Avenue & Cliff Road ? Intersection Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 1, 2007. Eagan City Council Meeting Minutes January 16, 2007 Page 2 07-04 K. Winter Season Parking. It was recommended to approve a resolution establishing winter season parking regulations as proposed by the City Engineer for Mallard View and authorize the installation of regulatory street signs. L. 2006 Joint Powers Agreement. It was recommended to approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. M. Contract 07-01. It was recommended to approve the plans and specifications for Contract 07-01 (Citywide Street Overlay and Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 15, 2007. N. Contract BCBS. It was recommended to approve a contract with BCBS as part of the Eagan Community Center?s Fitness on the Road Program and authorize the Mayor to sign the appropriate documents. O. Partnership. It was recommended to approve a partnership between MICAH, APEX and the City of Eagan to allow Definity members of United Health who join the ECC fitness center to participate in the fitness reimbursement program and direct staff to prepare the appropriate agreements for the Mayor?s signature. P. Grant. It was recommended to authorize the transfer of a 2007 Clean Water Legacy Act Surface Water Assessment Grant to the Gun Club Lake Watershed Management Organization for a monitoring project on Holland Lake, Jensen Lake, O?Brien Lake, and McDonough Lake, all within Lebanon Hills Regional Park and the Gun Club Lake Watershed. I. Rezoning . Direct staff to initiate a rezoning of the property legally described as part of Lot 3, Auditor?s Subdivision No. 38, located at 3401 Highway 55 in the NE ¼ of Section 12. This item was pulled from the Consent Agenda at the request of Vern Shaft, 520 Chapel Lane, adjoining property owner. City Administrator Hedges discussed the proposed rezoning and noted that the action tonight would only be to initiate the process for rezoning which would include review by the Advisory Planning Commission. Mr. Shaft discussed his concerns and stated he would also addresse the matter at the Advisory Planning Commission public hearing. Staff indicated they would meet with Mr. Shaft prior to the public hearing. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to initiate a rezoning of the property legally described as part of Lot 3, Auditor?s Subdivision No. 38, located at 3401 Highway 55 in the NE ¼ of Section 12. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 950, OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION City Administrator Hedges introduced this item regarding the intersection reconfiguration at Opperman Drive and TH 149. 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 Bakken moved, Councilmember Tilley seconded a motion to approve Project 950 (Opperman Drive & TH 149-Intersection Reconfiguration and Access Improvements) with the following options: 1. Receive a wavier of special assessment appeal from Thomson Legal and Regulatory and authorize the preparation of detailed final plans and specifications. 2. Contingent on award of contract for Project 778. Aye: 5 Nay: 0 2007 ORGANIZATIONAL BUSINESS Eagan City Council Meeting Minutes January 16, 2007 Page 3 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 Mayor Maguire moved to appoint Councilmember Tilley as Acting Mayor, Councilmember Tilley seconded the motion. Aye: 4 Nay: 0 (Carlson abstained) OFFICIAL LEGAL NEWSPAPER Motion was made by Fields, seconded by Bakken 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 16, 2007 Page 4 CITY COUNCIL MEETING DATES Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the modified 2007 Schedule of City Council meetings. Aye: 5 Nay: 0 2007 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 2 MAY 1 SEPTEMBER 4 JANUARY 16 MAY 15 SEPTEMBER 18 FEBRUARY 6 JUNE 5 OCTOBER 2 FEBRUARY 20 JUNE 19 OCTOBER 16 MARCH 6 JULY 10** NOVEMBER 5*** MARCH 20 JULY 17 NOVEMBER 20 APRIL 5* AUGUST 7 DECEMBER 3**** APRIL 17 AUGUST 21 DECEMBER 18 * April 5 due to Passover th ** July 10 due to July 4 holiday *** November 5 due to election day **** December 3 ? Truth in Taxation (and Hanukkah) There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2007 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 9 MAY 8 SEPTEMBER 11 JANUARY 23 (tentative) MAY 22 (tentative) SEPTEMBER 25 (tentative) FEBRUARY 13 JUNE 12 OCTOBER 9 FEBRUARY 27 (tentative) JUNE 26 (tentative) OCTOBER 23 (tentative) MARCH 13 NOVEMBER 13 MARCH 27 (tentative) JULY 24 (tentative) NOVEMBER 27 (tentative) APRIL 10 AUGUST 14 DECEMBER 10* APRIL 24 (tentative) AUGUST 28 (tentative) * December 10 due to Truth in Taxation Eagan City Council Meeting Minutes January 16, 2007 Page 5 CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Tilley 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. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion 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 committees 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 Committees: Testimony at Legislature ? all as needed AMM Board of Directors ? Mayor Maguire Caponi Art Park Board ? Mayor Maguire Breakfast with Mayor / Chamber of Commerce ? Mayor Maguire ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY Eagan City Council Meeting Minutes January 16, 2007 Page 6 Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of the Elected Officials Out-of-State Travel Policy to the February 6 Council retreat. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT ? RICHARD SKINN City Administrator Hedges discussed this item regarding a conditional use permit for outdoor storage, and a variance of a 40 foot rear yard and 94 foot side yard setback requirement for property located at 4890 Biscayne Avenue. This item was originally reviewed by Council on December 19, 2006 where it was recommended that the applicant apply for an interim use permit. The applicant has requested that the City Council re-evaluate the Conditional Use Permit and Variance application. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outdoor storage for property located at 4890 Biscayne Avenue, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A six-foot tall wooden privacy fence along the east and south perimeter of the property shall be installed no later than July 1, 2007. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 18, 2006. 4. The outdoor storage of bumpers and related materials to the businesses must be located within the approved outdoor storage areas. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be property maintained to prevent deterioration. 7. Outdoor operations shall be limited to between the hours of 8 a.m. and 10 p.m. 8. The existing lot and the vacated right-of-way shall be replatted into a single parcel. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of a 40 foot rear yard and 94 foot side yard setback requirement, for outdoor storage on property located at 4890 Biscayne Avenue in the SE ¼ of Section 36, 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 required 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 height of the outdoor storage shall be screened via landscaping or the privacy fence on the property. YANKEE DOODLE ROAD CORRIDOR/ ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES City Administrator Hedges introduced this item regarding the Yankee Doodle Road Corridor / Access Management Study alternatives. It was noted that on December 19, the City Council received comments about the study analysis from various business and property representatives after a presentation of a summary of the study and the resulting preferred alternatives. Consideration of the project was continued to this meeting to allow staff time to meet with Blue Cross Blue Shield and Faithful Shepherd Catholic School. Public Works Director Colbert provided an update on the study and the meetings held with property owners and noted that the Project Management Team will need additional time to analyze the refined considerations requested and continue discussions with property owners. Representatives of the Promenade, Gopher Resources, Culvers Restaurant, Checker Autoparts Store and Valvoline expressed their concerns and opinions regarding the preferred alternatives. Eagan City Council Meeting Minutes January 16, 2007 Page 7 Councilmember Bakken moved, Councilmember Fields seconded a motion to continue consideration of the preferred alternatives for each of the three segments for inclusion in the final draft of the Yankee Doodle Road (CSAH 28) Corridor and Access Management Study to the March 6, 2007, regular Council meeting. Aye: 5 Nay: 0 HAWTHORNE RIDGE ? EXCEL DEVELOPMENT, LLC City Administrator Hedges introduced this item regarding the modification to the covenant restrictions for Excel Development?s Hawthorne Ridge strip retail center located at 525 Diffley Road. He noted that the City Council heard testimony and discussed altering covenant restrictions to allow a coffee house/sandwich shop on the subject property at their January 9, 2007 workshop meeting. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a modification, as drafted by the City Attorney, to the covenant restrictions for Excel Development?s Hawthorne Ridge strip retail center located at 525 Diffley Road. Aye: 5 Nay: 0 NEW BUSINESS INTERIM ORDINANCE ? MORATORIUM ON ELECTRONIC SIGNAGE DISPLAYS City Administrator Hedges discussed the need for a study of electronic signage displays. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to conduct a study of electronic signage displays to be completed by June 19, 2007. The study may be performed through the League of Minnesota Cities, if the LMC undertakes a joint study. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an interim ordinance to establish a moratorium to perform a study of internally lighted signs within the City of Eagan. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE The regular Council meeting was recessed at 8:25 p.m. to immediately convene a meeting of the Economic Development Authority. Aye: 5 Nay: 0 The regular City Council meeting was reconvened at 8:45 p.m. ADMINISTRATIVE AGENDA There were no Administrative Agenda items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:45 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). Eagan City Council Meeting Minutes January 16, 2007 Page 8 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.