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06/18/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 18, 2002 A regular meeting of the Eagan City Council was held on Tuesday, June 18, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Cyndee Fields and Councilmembers Bakken, Carlson, and Tilley. Mayor Awada was out of town. 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 Acting Mayor Fields announced that item A under Old Business regarding Manley Addition and item C under New Business regarding Covington Townoffice Park is being pulled from the agenda at the request of the applicants. Councilmember Tilley requested that item X on the Consent Agenda be pulled for discussion. City Administrator Hedges noted an additional personnel item to be placed on the Consent Agenda as item AA. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the June 4, 2002 regular City Council meeting, the June 4, 2002 Listening Session minutes and the June 4, 2002 Special City Council workshop minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Thomas Miklya as a Building Inspector. 2. It was recommended to approve the hiring of Lawrence pierce as a utilities maintenance worker. 3. It was recommended to approve the hiring of Michael Bauer as an ice arena/pool maintenance worker. 4. It was recommended to approve the hiring of Susie Scott as a part-time Clerical Tech III in the Community Development Department. 5. It was recommended to approve the hiring of Roy Prudencio, Daniel Bjerke and Andrew Koppang as seasonal park workers. 6. It was recommended to approve the hiring of Richard Sullivan, Brian Hopkins, Elizabeth Erkel, Adria Carlyon and Danny Kriha as seasonal park maintenance workers. 7. It was recommended to approve the hiring of Nathaniel Dorff and Beth Guse as seasonal GIS/GPS Interns. 8. It was recommended to authorize the hiring of Administrative Intern (Dianne Lord) as Assistant to the City Administrator. C. Ratify Check Registers. It was recommended to ratify the check registers dated June 6, 2002 and June 13, 2002 as presented. D. 2002-2003 Service Station License Renewal. It was recommended to approve 2002-2003 Service Station License renewals for the Cedarvale Texaco. E. 2002 Amusement Device License Renewals. It was recommended to approve 2002 Amusement Device License renewals for the following: Valley Lounge, Mediterranean Cruise, LaFonda?s, Eagan City Council Meeting Minutes June 18, 2002 Page 2 Piccolo?s, Wal-Mart, Cherokee Sirloin Room, Pizza N Pasta, Diamond T Ranch, Al Baker?s, and Cub Foods. F. 2002 Massage Therapy Establishment License Renewal. It was recommended to approve 2002 Massage Therapy Establishment License renewal for Cole?s Salon. G. Telephone System. It was recommended to authorize solicitation of bids for the City telephone system. H. Final Payment ? Community Room. It was recommended to approve final payment of the Community Room Construction Contract. I. Declare Airport Relations Commission Vacancy. It was recommended to appoint Airport Relations Commission alternate Michael Cook to fill the remainder of a tree-year term and declare the ARC alternate position vacant. J. Hearing Regarding Liquor License for Davanni?s Pizza. It was recommended to direct the City Clerk to schedule a mandatory hearing for Davanni?s Pizza regarding liquor sales violations and to appoint the City Clerk as the hearing officer of the proceedings. K. Connection Charge Agreement ? Prowire, Inc. It was recommended to approve the connection charge agreement with Prowire, Inc. L. Bids for Interior Low Voltage Voice and Data Cabling for the New City of Eagan Community Center. It was recommended to authorize solicitation of bids for interior low voltage voice an data cabling for the new City of Eagan Community Center. M. Contract 01-05. It was recommended to revise the bid opening for Contract 01-05 (Cedar Grove Access Modifications) to 10:30 a.m., June 27, 2002. N. Contract 01-13. It was recommended to award the contract for Contract 01-13 (Evergreen Park/Ponds BP-15 and BP-16 ? July 2000 Storm Mitigation Improvements Area #5). O. Project 98-C. It was recommended to acknowledge the completion of Project 98-C (Marice Addition) and authorize perpetual City maintenance subject to warranty provisions. P. Contract 01-04. It was recommended to approve Change Order No. 4 to Contract 01-04 (Central Parkway ? Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 02-15B. It was recommended to award contract for Central Park / Community Center site improvements to the recommended bidder and authorize the Mayor and City Clerk to execute all related documents. R. Change Order Number 3 ? Eagan Community Center. It was recommended to approve change order number 3 in the amount of $51,779 for the contractors identified. S. Change Order Number 1 ? Eagan Well House Number 20 / Park Pavilion. It was recommended to approve change order number 1 to Ebert Construction in the amount of $8,819.00. T. Sign Ordinance. It was recommended to direct staff to review sign ordinance regarding definition of ?governmental signage?. U. Findings of Fact ? Parkview Golf Club. It was recommended to adopt Findings of Fact, 02-48 Conclusions and Resolution of Denial of the Conditional Use Permit (Parkview Golf Club) located at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club Addition) in the NW ¼ of Section 34. V. Project 99-R. It was recommended to acknowledge the completion of Contract 99-R (Lexington th Pointe 14 Addition ? Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. W. Project 01-E. It was recommended to authorize the time extension of the development agreement th for Project 01-E (Oakbrooke 5 Addition ? Street and Utility Improvements) to June 15, 2003. Y. Contract Agreement ? Community Center Rental Space. It was recommended to approve the proposed contact agreement to be used for community center rental space. Z. Sam?s Club Off-Street Parking Review. It was recommended to acknowledge review and determination that there is no need for Sam?s Club to provide additional off-street parking. Eagan City Council Meeting Minutes June 18, 2002 Page 3 AA. Resignation of Brittany Karels. It was recommended to accept the resignation of Brittany Carol as Police Dispatcher. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 X. Agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA Championship Golf Tournament. City Administrator Hedges discussed the proposed agreement for Eagan Police Officers to volunteer to assist the City of Chaska during the PGA tournament to be held from August 9, 2002 to August 18, 2002. He clarified that the Police Officers would be working on a volunteer basis and that the City of Chaska will provide workers? compensation insurance for the Eagan officers providing volunteer assistance. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA championship Golf Tournament. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCE ? CHARLES BRAGG (1899 SUNRISE COURT) City Administrator Hedges introduced this item regarding a 15 foot variance from the required 30 foot front yard setback for the construction of a living space addition to an existing single family dwelling on property located at 1899 Sunrise Court. Senior Planner Ridley gave a staff report. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a 15 foot Variance from the required 30 foot yard setback for the construction of a living space addition to an st existing single family dwelling on property located 1899 Sunrise Court (Lot 11, Block 4, Suncliff 1 Addition) in the NW ¼ of Section 29 subject to the following conditions. Aye: 4 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 an 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 exterior materials of the addition shall match those on the principal structure. 3. The addition shall comply with all applicable provisions of the Zoning Ordinance. VARIANCE ? ROBERT MUELLER (1948 SAFARI TRAIL) City Administrator Hedges introduced this item regarding a variance from the 578 square foot maximum area for the construction of a 1,090 square foot detached garage on property located at 1948 Safari Trail. Senior Planner Ridley gave a staff report, explaining that this issue had been presented to Council as a conditional use permit request in April and was tabled due to a moratorium on accessory buildings. The Council approved a Zoning Ordinance Amendment in May that limited the area of detached Eagan City Council Meeting Minutes June 18, 2002 Page 4 garages which now warrants that a variance be requested for the proposed detached garage in excess of 578 square feet. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a 512 square foot variance from the 578 square foot maximum area for the construction of a 1,090 square foot detached garage on property located at 1948 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW ¼ of Section 32, subject to the following conditions: Aye: 4 Nay: 0 1. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number to Lots 13 and 14. 2. The accessory structure shall not encroach into the private additional yard and recreation area easement on Lot 14. 3. Total area of all accessory structures shall not exceed 1,942 square effect. 4. A Tree Preservation Plan shall be submitted at the time of building permit. 5. The detached accessory structure shall exhibit the same color and materials as the principal structure. 6. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 7. Living space shall not be permitted in the accessory structure. Water and sewer service shall not be permitted. 8. The accessory structure shall meet all other Zoning Ordinance requirements. 9. 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 an 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. NEW BUSINESS CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATION ON DRAFT AVIATION POLICY REPORT City Administrator Hedges introduced this item regarding a draft of the Aviation Policy Report. Assistant City Administrator Verbrugge gave a staff report. He noted that the Airport Relations Commission recommended the City Council recommend the draft policy be moved forward by the Metropolitan Council for inclusion in the Regional Blueprint. Councilmember Tilley moved, Councilmember Carlson seconded a motion to recommend the Metropolitan Council move ahead with Aviation Policy Plan Update 2000-2020. Aye: 4 Nay: 0 CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON JOINT AIRPORT ZONING BOARD City Administrator Hedges introduced this item regarding the recommendations of the Eagan Airport Relations Commission related to the MSP Joint Airport Zoning Board. Assistant City Administrator Verbrugge gave a staff report. City Attorney Dougherty addressed the potential liability of Eagan City Council Meeting Minutes June 18, 2002 Page 5 the City in regard to decisions made by the Zoning Board. City Administrator Hedges discussed the lack of insurance coverage in the event of a lawsuit. Councilmembers agreed to take no action on the recommendations to the MSP Joint Airport Zoning Board in an effort to relay a message to the Board that the liability issue needs to be resolved. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges informed the Council that a representative to the Management Committee of the Cedar Avenue Corridor Transit Way Technical Committee needs to be appointed. Councilmember Carlson nominated Councilmember Tilley as representative to the Management Committee of the Cedar Avenue Corridor Transit Way Technical Committee. Councilmember Fields seconded the nomination. All voted in favor. Alan Miller, Chair of the Burnsville/Eagan Telecommunications Commission updated the Council on the status of the cable franchise sale that is currently being negotiated. ADMINISTRATIVE AGENDA ALLOCATION OF COUNCIL TRAVEL BUDGET TO ADVISORY TELECOMMUNICATIONS COMMISSION City Administrator Hedges discussed a request from Alan Miller, Chairperson of the Joint Burnsville/Eagan Telecommunications Commission to travel to the NATOA conference. He further discussed available funds within the Council conference budget that could be allocated to the Advisory Telecommunications Commission in 2002. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a maximum of $2,000 of the City Council travel budget for the Chairperson of the Telecommunications Commission to attend the NATOA Conference. Aye: 4 Nay: 0 Councilmember Tilley provided information regarding the success of the Job Fair that was held in May. th Councilmember Carlson reminded the public of the upcoming 4 of July celebration. Councilmember Bakken cautioned everyone to be careful with fireworks. ADJOURNMENT The meeting was adjourned at 7:40 p.m. _____________________________ ___________________________________ Date Deputy City Clerk Eagan City Council Meeting Minutes June 18, 2002 Page 6 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.