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01/08/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 8, 2002 A regular meeting of the Eagan City Council was held on Tuesday, January 8, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges requested that item N be pulled from the Consent Agenda for discussion; item Q be pulled from the Consent Agenda for questions; and item B under Public Hearings be continued per the request of the applicant. Mayor Awada suggested that item Q under the Consent Agenda be left on the Consent Agenda and time be allowed for any questions. Councilmembers agreed. Councilmember Fields moved, Councilmember Tilley seconded a motion to remove Item N from the Consent Agenda for discussion. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Tilley seconded a motion to continue a Variance request for Manley Brothers Construction indefinitely at the request of the applicant. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the December 18, 2001 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Timothy McCarthy as a police officer. 2. It was recommended to accept the letter of resignation from Utility Maintenance Worker Wayne St. Martin. 3. It was recommended to approve the hiring of Dylan Pinter as a Concessions Worker. 4. It was recommended to approve the hiring of Joseph Balzer as an Arena Supervisor. 5. It was recommended to approve the hiring of Kristin Rogers as a Guest Relations Manager for Cascade Bay. C. License Renewals. It was recommended to approve 2002 Tree Contractor license renewals; Commercial Fertilizer License Renewals; Pet Shop License renewals; Trash Hauler License Renewals; and Tobacco License Renewals. D. Name Change ? Liquor License. It was recommended to approve a name change on the liquor license for Bonfire restaurant, located at 1555 Cliff road, to Axel?s Bonfire Wood Fire Cooking. E. Name Change ? Liquor License. It was recommended to approve a change in management on the liquor license for Stuart Anderson?s Cattle Company located at 1288 Promenade Place. F. Ordinance Amendment. It was recommended to approve a correction of a typographical error to ordinance amendment ? Chapter 5, Section 5.02, Subd. 4(H), Liquor Sales Violations. G. Liquor Sales Violations. It was recommended to continue the scheduling of a hearing for Holiday Inn Select regarding liquor sales violations indefinitely. H. Extension for Recording Conditional Use Permit. It was recommended to approve an extension of time to record a Conditional Use Permit for Keys Well Drilling property located at 3131 Sibley Memorial Highway in the NW ¼ of Section 9. I. Financial Guarantee ? Wescott Townhomes. It was recommended to approve the release of the landscaping and irrigation financial guarantee for Wescott Townhomes. J. Final Subdivision. It was recommended to approve a Final Subdivision to reconfigure the interior property line between Lots 8 and 9, Block 1, Majestic Oaks Second Addition (Majestic Oaks Third Addition) located north of Cliff Road on Majestic Oaks Place in the SE ¼ of Section 25. Eagan City Council Meeting Minutes January 8, 2002 Page 2 K. Project 751R. It was recommended to receive the draft revised Feasibility Report for Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) and schedule a public hearing to be held on February 5, 2002. L. Project 857. It was recommended to receive the Draft Feasibility Report for Project 857 (Skyline Road ? Trail Improvements) and schedule a public hearing to be held on February 5, 2002. M. 2002 Street Maintenance 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. O. TIF District No. 2-4. It was recommended to reschedule a Public Hearing to consider establishing Northeast Eagan TIF District No. 2-4 to Tuesday, February 19, 2002. P. Community Room Renovation Project. It was recommended to award the contract for renovation of the City Hall Community Room to Construction Results Corp. Q. Additional Contracts for Community Center. It was recommended to approve the proposed contract awards for the Community Center, 1501 Central Parkway. R. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the final plat for Kennerick Addition, located north of Lone Oak Road and west of Pilot Knob Road in the SE ¼ of Section 4. S. Project 790R. It was recommended to authorize an amendment to the Feasibility Report for Project 790R (Central Parkway ? Street and Utility Improvements) by SRF Consulting Group. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 N. Project 776. Right of Way and Highway Construction Agreement with Dakota County for City Project 776 (Yankee Doodle Road extension ? Highway 149 to Inver Grove Heights). City Administrator Hedges introduced this item regarding an agreement with Dakota County for the Yankee Doodle road extension ? Highway 149 to Inver Grove Heights. He discussed concern expressed by Inver Grove Heights that if Yankee Doodle Road is extended, there will be support from Eagan for Phases II and III which are entirely in Inver Grove Heights. He stated that a resolution is being submitted to the Council for consideration, that states Phase I of the project is located in both communities and Phase II and III is all in Inver Grove Heights and that Eagan will support the Yankee Doodle extension in it?s entirety and further commits to providing continuing support and assistance for additional funding solicitations and project approvals for Phases II and III. Motion was made by Councilmember Carlson , seconded by Councilmember Bakken to approve the Right of Way and Highway Construction Agreement with Dakota County for City Project 776 (Yankee Doodle Road extension ? Hwy. 149 to Inver Grove Heights) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a resolution stating support for Inver Grove Heights in the extension of Yankee Doodle Road. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE ? STEVE AND DIANE PAGE City Administrator Hedges introduced this item regarding a Variance to the required 5 foot side yard setback for a deck in a residential zoning district at 1368 Wilderness Run Drive. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes January 8, 2002 Page 3 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to the minimum side yard setback for a deck on property at 1368 Wilderness Run Drive (Lot 2, Block 1, Wilderness Run st 1 Addition). Aye: 5 Nay: 0 VARIANCE ? MANLEY BROTHERS CONSTRUCTION (4715 ISABELLE COURT) Continued per the request of the applicant. EASEMENT VACATION ? LOT 15, BLOCK 3, HILLS OF STONEBRIDGE PLAT 2 City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements within Lot 15, Block 3, Hills of Stonebridge Plat 2. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. The applicant spoke briefly on the background of the property. There being no other public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage and utility easements within Lot 15, Block 3, Hills of Stonebridge Plat 2 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 EASEMENT VACATION ? LOT 2, BLOCK 1, UNISYS PARK ADDITION (UNISYS CORPORATION) City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements within Lot 2, Block 1, Unisys Park Addition. Public Works Director gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the vacation of public drainage an utility easements within Lot 2, Block 1, Unisys Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT SECTION 2.81 (MUNICIPAL PLANNING FEES) City Administrator Hedges discussed this item regarding an ordinance amendment incorporating municipal planning fees into the City Code. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve an ordinance amendment incorporating municipal planning fees into the City Code. Aye: 5 Nay: 0 NOTIFICATION TO MN DEPARTMENT OF COMMERCE REGARDING COMMENTS ON CURRENCY EXCHANGE LICENSE APPLICATION FOR PAYDAY, INC. AT 3450 PILOT KNOB ROAD City Administrator Hedges introduced this item regarding an application to the Minnesota Department of Commerce to operate a currency exchange business known as Payday, Inc. A brief discussion was held and it was the consensus of the Council that a currency exchange use is not consistent with the zoning that governs the subject property. Eagan City Council Meeting Minutes January 8, 2002 Page 4 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the notification letter to the Minnesota Department of Commerce regarding comments on currency exchange license application of Payday, Inc. at 3450 Pilot Knob Road. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE CONSIDER COMMENTS AS REQUESTED BY THE SECRETARY OF STATE?S OFFICE ON CONGRESSIONAL AND LEGISLATIVE REDISTRICTING PLANS AS PROVIDED BY THAT OFFICE City Administrator introduced this item regarding a request by the Secretary of State?s Office to comment on various congressional and legislative redistricting plans as provided by the Secretary of State. Mayor Awada moved, Councilmember Carlson seconded a motion to direct staff to draft a letter to the Secretary of State and attach Councilmember Bakken?s comments regarding various congressional and legislative redistricting plans. Aye: 4 Nay: 0 Councilmember Tilley abstained due to lack of time to review the document submitted by Councilmember Bakken. ADMINISTRATIVE AGENDA REQUEST BY GOLF COURSE EXPLORATORY EXECUTIVE COMMITTEE TO PROVIDE UPDATE Lisa Perry, representing the Golf Course Executive Committee provided an update to the Council on the progress of the Committee. She stated that the Committee?s full recommendation and findings will be available by the February 5,2002 deadline. However, she did state that it was the Executive Committee?s recommendation that the City postpone work on an EAW until clear direction to move forward was available. The City Council consensus was to delay preparation of the EAW at this time. SET SPECIAL COUNCIL MEETING DATE City Administrator Hedges discussed a proposed agenda for a Special City Council meeting for January 17, 2002. Councilmember Carlson moved, Councilmember Bakken seconded a motion to schedule a special City Council meeting for January 17, 2002. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 7:20 p.m. _____________________________ ___________________________________ Date Deputy City Clerk Eagan City Council Meeting Minutes January 8, 2002 Page 5 VISITORS TO BE HEARD Earl Elling, 3295 Highway 55, discussed an easement agreement in conjunction with Project 749, Highway 55 Frontage Road. He questioned why residents that had signed the agreement had not been paid $1.00 as indicated. Public Works Director Colbert stated that Mr. Elling had been offered $1.06 in cash and had refused to accept. Mr. Elling stated he felt the funds should be paid in the form of a check. Mayor Awada stated that a st check would be issued to Mr. Elling. Mr. Elling also requested the minutes from a July 31 neighborhood meeting regarding the assessments for Project 749. Staff indicated they would mail a copy of the minutes to Mr. Elling. Mr. Elling then requested that Mr. Colbert review the traffic count on Highway 55 South Frontage Road now that the Wennsman Homes development is nearing completion. 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) 681-4600, (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.