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02/20/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 20, 2006 A listening session was held on February 20, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Bruce Goff requested the Council consider support for the U.S. Mayor?s Climate Protection Agreement. Kevin VonFeldt asked the Council for support of a bill before the Legislature regarding gaming. He also encouraged Council to attend a rally for his proposed project at the Williams Arena on March 11. Council indicated to Mr. VonFeldt that they have no interest in his proposed project until legislation is considered. A regular meeting of the Eagan City Council was held on February 20, 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 Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an additional item is being included under personnel items. He also noted that and Economic Development Authority meeting would not be held, as the item regarding the Northeast Eagan Redevelopment District is being continued for two weeks. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS None. CONSENT AGENDA Item M was pulled for discussion. Councilmember Fields moved, Councilmember Tilley 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 February 6, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve a resolution authorizing designated City staff to conduct pre- employment background checks using the State of Minnesota Bureau of Criminal Apprehension 07-07 computerized Criminal History database and driver?s license history inquires through the Minnesota Department of Public Safety on persons who are finalists for employment positions in the City and those who are volunteers in City programs that provide service to children and vulnerable adults in accordance with this resolution. 2. It was recommended to approve the hiring of Barbara Showlater as a part-time guest services rep at the Community Center 3. It was recommended to approve the hiring of Katherine England, Sean King and Odwar Portillo as part-time building attendants/concessions workers at the Community Center. 4. It was recommended to accept the resignation of John Van Diver, seasonal equipment maintenance worker and authorize his replacement. 5. It was recommended to approve the proposed organizational change to the Eagan Campus Facilities and authorize the advertisement of one Campus Facilities Operations Coordinator and one full time Manager on Duty position. C. Check Registers. It was recommended to ratify the check registers dated February 8, 2007 and February 15, 2007 as presented. Eagan City Council Meeting Minutes February 20, 2007 Page 2 D. Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. E. Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Sambol Restaurant located at 1260 Town Centre Drive. F. Trash Hauler License Renewal. It was recommended to approve renewal of Trash Hauler License (construction / demolition debris) for Capital Waste Systems, 663 Maple Park Drive, Mendota Heights th G. Shows License. It was recommended to approve a Shows License and waive fees for the July 4 Funfest th Committee to hold the July 4 Funfest Celebration July 3-4, 2007. th H. Parade Permit. It was recommended to approve a Parade Permit and waive fees for the July 4 Funfest th Committee to hold the July 4 Parade on July 4, 2007. I. Miss Eagan Pageant. It was recommended to approve the use of the Community Center at no charge for the Miss Eagan Pageant to be held July 1-2, 2007. J. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record nd the final plat for Oakview Center 2 Addition, located south of Lone Oak Road and north of Hwy. 55 in the NW ¼ of Section 12. K. Tree Maintenance Contractor License for Asplundh Tree Expert Company. It was recommended to approve a Tree Maintenance Contractor License for Asplundh Tree Expert Company. L. Removed PULLED FOR DISCUSSION M. - Contract 07-01. 07-08 N. Advance from State Aid Road Program. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $6.2 million of future apportionments from the Municipal State Aid (MSA Construction account. O. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade ? Street Upgrade and Trail Improvements) with the owner of Parcels No. 10-45900-051-00 and 10-45900- 052-00 and authorize the Mayor and City Clerk to execute all related documents. P. Snow and Ice Control Policy. It was recommended to amend the Snow and Ice Control Policy regarding property owner obligations for mailbox repair / replacement. Q. Governor?s Fit City Program. It was recommended to adopt a Resolution affirming activity friendly commitments in the City of Eagan and authorize staff to submit an application to be a part of the Governor?s Fit City Program. R. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Joseph Jensen, Massage Envy, 3250 Denmark Avenue. M. Contract 07-01. Public Works Director Colbert noted that due to a change that needs to be made in specifications for this project, the current bid needs to be rejected and authorization given for re- advertisement of the bid. Councilmember Fields moved, Councilmember Carlson seconded a motion to reject award of Contract 07- 01 (Citywide Street & Trail Improvements), to Valley Paving, Inc. for the base bid in the amount of $1,477,178.25, and authorize the re-advertisement for bids with corrected specifications. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 928, MEADOWVIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding street overlay improvements for Meadowview Road / Alexander Road. This item was originally discussed at the December 4, 2006 Public Hearing and was directed to the Public Works Committee to review the concerns that were raised at that hearing. Public Works Director Colbert discussed the Public Works Committee recommendation that the original Final Assessment Roll, as presented at the Public Hearing on December 4, 2006, be adopted with no changes or modifications. Eagan City Council Meeting Minutes February 20, 2007 Page 3 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 Carlson seconded a motion to approve the Final Assessment Roll for Project 928 (Meadowview Road / Alexander Road ? Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT PASTER ENTERPRISES, INC. City Administrator Hedges noted that this item regarding a Comprehensive Guide Plan Amendment of approximately 24 acres from Special Area-Office/Service to Special Area-Commercial Retail located in the SE ¼ of Section 9 is being recommended for continuance to the August 7, 2007 meeting at the request of the applicant. Ken Hank, Pastor Enterprises, stated the request for a continuance is to allow additional time to finalize negotiations with potential anchor retail tenants for the proposed retail center. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area ? Office/Service, to Special Area ? Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE ¼ of Section 9 to the August 7, 2007 City Council meeting. Aye: 5 Nay: 0 2007 ? 2008 CITY OF EAGAN GOALS City Administrator Hedges discussed the proposed 2007 ? 2008 goals that were prepared at the City Councils goals retreat on January 30 ? 31, 2007. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the 2007 ? 2008 City of Eagan Goals as follows: Aye: 5 Nay: 0 ? Preserve and expand Eagan?s tax base and economic vitality by encouraging maintenance and investment in our residential and commercial neighborhoods, pursuing measure to mitigate airport noise, and supporting the retention, expansion and attraction of quality businesses. ? Continue to pursue the conservation of green and open spaces in the community by further development the Eagan Core Greenway and by working towards the creation of an opens space preservation fund. ? Pursue world class internet speeds, connectivity, and access to all Eagan residents and businesses by developing a master plan, including finance options and policies, for the installation of high speed fiber optic broadband. ? Meet the transportation and transit needs of the community by securing funding sources to maintain and expand the City?s transportation infrastructure, while also pursing traffic calming measures in the City. ? Preserve the City?s natural resources through the creation of an energy and consumer resources plan and the implementation of a water conservation program. ? Enhance the quality of life for Eagan residents by facilitating community activities that promote civic engagement, volunteerism, and cultural opportunities. ? Continue to promote the revitalization of the City?s redevelopment areas in Cedar Grove and Northeast Eagan. NEW BUSINESS REZONING ? CITY OF EAGAN City Administrator Hedges introduced this item regarding the rezoning of 2.3 acres from Transitional to R-3 Residential Townhouse for property located at 3206 Sibley Memorial Highway. City Planner Ridley gave a staff Eagan City Council Meeting Minutes February 20, 2007 Page 4 report. It was noted that a letter was received from the attorney for Ron Miller requesting the item be continued to allow further notification of neighboring properties. It was the consensus of the council that legal requirements were met in regard to the legal notices. Five neighboring property owners expressed various reasons for their opposition to the rezoning of the property to R-3, Residential, stating they preferred a lower density designation. Councilmembers clarified the history and intent of the current zoning and Guide Plan classifications, discussed the proposed R-3 zoning and the concerns of the residents. It was the consensus of the Council to direct this issue back to the Advisory Planning Commission for review and consideration of an R-2 zoning designation. The Council also stated their desire that future redevelopment of the site be mindful of maintaining river-valley views of the neighbors to the east. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the Advisory Planning Commission to reconsider a Rezoning of 2.3 acres from Transitional to R-2 zoning for Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway in the SW ¼ of Section 9. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA There were no Administrative Agenda items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Carlson seconded a motion to adjourn the regular meeting at 8:15 p.m. A Closed Session was immediately convened to discuss litigation regarding Diffley Partners, LLP. _______________________________ ___________________________________ 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.