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03/04/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 4, 2002 A regular meeting of the Eagan City Council was held on Tuesday, March 4, 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 asked that approval of a parade permit for the Eagan Hockey Association be added as Consent Agenda item Y. Councilmember Tilley moved, Councilmember Fields 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 February 19, 2002 regular City Council meeting. B. Personnel Items. 1. It was recommended to approve the hiring of Kirk Portello and Paul Wegner as Utility Maintenance Workers. 2. It was recommended to approve the hiring of Chris Ahrens, Brenna Beers, Megan Bergen, Kelsey Biagi, Jennifer Bolint, Lisa Bordsen, Brian Boufford, Jamie Boufford, Mike Brumbaugh, Kelsey Campion, Nikke Christle, Kelsey Crunstedt, Asheley Crunstedt, Alex Dauphin, Lauren Deman, Shannon Dunleavy, Nathan Dunn, Shannon Einhorn, Jenny Geiser, Matt Gilbert, Paige Gilgan, Charlie Honigsfeld, Sarah Jacobson, Bryce Johnson, Kerry Johnson, Nick Johnson, Jeni Kilby, Megan Kissel, Angela Knoll, Meridyth Lewis, Megan Lostetter, Elizabeth Luke, Ali Lund, Tammu Macht, Kari Maland, Julie Mattson, Ann McGrath Kelly McGrath, Grant Mestnik, Kristi Millmann, Jessica Ofstedahl, Ryan Palacio, Jackie Peters, Mindy Picka, Keri Ragsdale, Thom Rehwaldt, Angie Rodgers, Brad Roe, Lauren Rouchard, Marni Rutman, Eric Sidler, Matt Spurr, Allison Tierney, Molly Towle, Sara Towle, Christin Weggermann and Jenny Woelfel as part-time seasonal lifeguards for Cascade Bay. 3. It was recommended to approve the hiring of Kali Bavender, Abby Broderdorf, Nicole Cantin, Kelly Colbert, Ben Huonder, Neal Johnson, Jessica Lewis, Amy Osborne, Nate Starkson and Megan Sutliff as part-time seasonal pool attendants for Cascade Bay. 4. It was recommended to approve the hiring of Brandon Burger, Rachel Carlin, Candice Courtright, Meghan Eilers, Metra Farrari, Matt Howard, Mike Kantor, Joe Kirschbaum, Amanda Kuntz, Steve Lay, Cassy Lenz, Jamie Lewis, Jennifer Lopac, Breanna Mason, Michael Mason, Brent Reykdal, Elisa Swenson, Erinn Swinton, Lindsey Taylor and Tom Wollan as part-time seasonal guest relations workers for Cascade Bay. 5. It was recommended to approve the hiring of Luke Duenow, John Lostetter, Ryan Sisson and Landon Weninger as part-time seasonal maintenance workers for Cascade Bay. C. Ratify Check Registers. It was recommended to ratify the check registers dated February 19-22, 2002 and February 25 ? March 1, 2002. D. Lawful Gambling Exempt Permit. It was recommended to approve a lawful Gambling Exempt Permit for East 02-14 Metro Chapter, Turn in Poachers, Inc. for a raffle to be held December 12, 2002 at 2995 Highway 13. E. Premise Permit Renewal Application. It was recommended to approve a Premise Permit renewal for Eagan 02-15 Lions Club for pulltab operation located at Cedarvale Lanes, 3883 Beau D?Rue Drive. F. Ordinance Amendment. It was recommended to authorize the City Attorney?s office to prepare an ordinance amendment to Chapter 6 entitled ?Other Business Regulation and Licensing? to clarify administrative fines and penalties for tobacco sales violations. G. Ordinance Amendment. It was recommended to authorize the City Attorney?s Office to prepare an ordinance amendment to Chapter 3 entitled ?Beer, Wine and Liquor Licensing and Regulation? to clarify the hearing process and to change civil penalties for violations in the sale of alcoholic beverages. 02-16 Eagan City Council Meeting Minutes March 4, 2002 Page 2 H. Final Subdivision. It was recommended to approve a Final Subdivision to create two (2) lots for single family dwellings and one (1) outlot (Bergin Addition) on a five (5) acre parcel located on Deerwood Drive in the SW ¼ of Sec. 22. I. Contract 01-02. It was recommended to receive the bids for Contract 02-02 (Cedar Cliff/Mari Acres / River Hills th 9 / Post / Rustic Hills / Oster Additions ? Street Improvements), award the contract to Ace Blacktop, Inc. for the base bid in the amount of $440,391.25 and the alternate bid amount of $12,350.00, and authorize the Mayor and City Clerk to execute all related documents. J. Contract 02-03. It was recommended to receive the bids for Contract 02-03 (Ches Mar / Ches Mar East / Parkcliff/ Woodgate Additions ? Street Overlay), award the contract to McNamara Contracting, Inc., for the base bid in the amount of $409,788.50, and authorize the Mayor and City Clerk to execute all related documents. K. Project 800R. It was recommended to receive the revised draft feasibility report for Project 800R (Cedar Grove Access Reconfiguration ? Street Intersection Reconfiguration) and schedule a public hearing to be held on April 2, 2002. L. Contract 02-10. It was recommended to approve the plans and specifications for Contract 02-10 (Dodd Road, Diffley Road to Wescott Road ? Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:00 a.m. on April 11, 2002. M. Project 862. It was recommended to revise the Pending Assessment Roll for Project 862 (Dodd Road ? Camberwell to Wescott Road street upgrade) for 3790 and 3800 Dodd Road. N. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) with the owners of Parcel 10-=03600-040-27 (4732 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. th O. Oakbrooke 5 Addition. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on April 2, 2002. P. Project 736. It was recommended to cancel the pending assessments for Project 736 (Grand Oak Business Park ? AUAR Study). Q. Contract ? Doris Dahline. It was recommended to approve a Right of First Refusal and Option Agreement with Doris Dahline, 3830 Alder Lane. R. Cedar Grove TIF Findings and Certification. It was recommended to approve a Resolution verifying the 02-17 findings for Tax Increment Financing District No. 1, within the Cedar Grove Redevelopment Area. S. Project 838. It was recommended to receive bids for Project 838 (Storm Mitigation ? fungal remediation), award the contract to EnviroBate Metro in the amount of $12,940 and authorize the Mayor and City Clerk to execute all related documents; and to receive bids for Project 838 (Storm Mitigation ? retrofit construction), award the contract to Conway Construction in the amount of $66,381 and authorize the Mayor and City Clerk to execute all related documents. T. Change Orders. It was recommended to approve change orders received for the Municipal Building Community Room renovation. U. Ad for Bids. It was recommended to authorize advertisement for bids to supply mobile and portable radios for the city-wide radio project. V. Tree Contractor License Renewal. It was recommended to approve a Tree Contractor License renewal for Outdoor Specialties. W. Duke Weeks ? Agreement. It was recommended to approve a cost participation agreement for trunk storm sewer over-sizing on Lot 2, Block 1 Ecolab Addition and approve payment of $20,944.25 to Duke Realty, LLP. X. Beau D?Rue Drive ? No Parking. It was recommended to approve a resolution to prohibit parking on Beau 02-18 D?Rue Drive between Nicols Road and Silver Bell Road and authorize the Mayor and City Clerk to execute all related documents. Y. Parade Permit. It was recommended to approve a parade for the Eagan Hockey Association, waiving fees, and to assume any additional overtime and other City expenses associated with a cermemony at the Civic Arena to recognize Natalie Darwitz and Jenny Potter. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 4, 2002 Page 3 PUBLIC HEARINGS PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding storm sewer improvements for Sibley Terminal Industrial Park. Dave Hutton, WSB, gave a staff report. Mayor Awada opened the public hearing. Todd Johnson, President, Global Specialty Contractors, expressed his opposition to the entire assessment being Global Specialty?s responsibility. He discussed the future development of his property and expansion of his business. Mayor Awada, Councilmembers and staff discussed the potential cost participation from MnDOT for their portion of the drainage area tributary. Public Works Director Colbert suggested the issue be continued to the April 16, 2002 Council meeting to allow further evaluation and contact with MNDOT. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of Project 858 (Sibley Terminal Industrial Park ? Storm Sewer Improvements) until April 16, 2002. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT AND MOVING PERMIT STUART WEIERKE City Administrator Hedges introduced this item regarding the request for a Conditional Use Permit and Moving Permit to relocate an 864 square foot accessory structure from 4665 Dodd Road to 4675 Dodd Road. Senior Planner Ridley gave a staff report, stating the Advisory Planning Commission held a public hearing and recommended denial by a vote of 3-2. Mayor Awada opened the public hearing. Stuart Weierke, applicant, discussed the accessory structure he is proposing to move onto his property. Mayor Awada and Councilmembers agreed the additional square footage above what is allowed per the City Code was not justifiable, and further, that the proposed total accessory space of over 4,000 square feet is as excessive. Mayor Awada moved, Councilmember Fields seconded a motion to deny a Conditional Use Permit to allow the floor area of all accessory structures to exceed 1,100 square feet and to allow more than two detached accessory structures on an unplatted parcel located at 4675 Dodd Road in the NW ¼ of Section 36. Ayes: 5 Nay: 0 Mayor Awada moved, Councilmember Fields seconded a motion to deny a Moving Permit to relocate a 24 foot by 36 foot detached accessory structure from 4655 Dodd Road to 4675 Dodd Road located in the NW ¼ of Section . Aye: 5 Nay: 0 OLD BUSINESS PROJECT 847, FAIRWAY HILLS ? STORM MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding storm mitigation improvements for the Fairway Hills/Parkview Golf Course. Public Works Director Colbert gave a staff report, discussing the background of the project. Eagan City Council Meeting Minutes March 4, 2002 Page 4 Robert Zachein, Parkview Golf Associates, expressed their support for modified Option D as revised and presented by Mr. Colbert. Several residents of the area were present and indicated they were also in support of modified Option D as presented or its proposed revision to move the storm sewer closer to their property line. The overall flooding problem in the area was discussed by Council and staff. It was agreed that because of the topography of the area, an overland drainage option would not work unless substantial grading was done in the backyards and within the golf course to relocate it to the dedicated easement along the rear property line. Director Colbert explained that the scope of excavating would be extreme to move drainage to where there is an existing easement. Mayor Awada noted that Parkview Golf Course is giving up a portion of their property without compensation for these improvements to occur. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the proposed storm mitigation improvements (modified Option D ? revised) for Project 847, Fairway Hills/Parkview Golf Course and authorize the preparation of detailed plans and specifications for bid solicitation. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? LESLIE J. RACINE JR. City Administrator Hedges introduced this item regarding a request for accessory building space in excess of 1100 square feet to be located at 3038 Cherrywood Court. Senior Planner Ridley gave a staff report. Leslie Racine stated he had met with adjacent property owners regarding their concern over the height of his proposed accessory building. He discussed modifications made to his plans since review by the Advisory Planning Commission. Three neighboring property owners expressed their concern over the amount of outdoor storage on the property; the concrete slab that is already installed; the incompatibility of the proposed structure in relation to the neighborhood. Councilmembers discussed the magnitude of the proposed structure and that the size was not compatible with surrounding properties in the neighborhood. Councilmember Carlson moved, Councilmember Bakken seconded a motion to deny a Conditional Use Permit to allow the floor area of all accessory structures to exceed 1,100 square feet located at 3830 Cherrywood Court (Lot 32, Block 4, Oslund Timberline Addition) in the NE ¼ of Section 9. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Police Chief Therkelsen discussed an upcoming informational meeting regarding Level III sex offenders moving into the Budget Host Hotel in Eagan. Councilmember Carlson stated she felt that the issue of accessory structures needs to be reviewed. Council directed the issue be discussed at a future workshop. ADJOURNMENT The meeting adjourned at 8:50 p.m. into a meeting of the Economic Development Authority and then into an Executive Session to consider a counter proposal from the Police Officers Union. Eagan City Council Meeting Minutes March 4, 2002 Page 5 _____________________________ ___________________________________ Date 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) 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.