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11/04/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 4, 2004 A regular meeting of the Eagan City Council was held on November 4, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS DAKOTA VALLEY RECYCLING A WARD Recycling Coordinator Sue Bast presented the City with the recently received MnGreat Award which stands for Minnesota Government Reaching Environmental Achievements Together. MACT A A WARD TO BECT FOR CABLE COMMISSION OF THE YEAR Community Television Manager Mark Hotchkiss and the Burnsville Eagan Community Television Commission members presented the Minnesota Association of Community Telecommunications Administrators award that was awarded at the state convention recognizing the Burnsville Eagan Telecommunication Commission as its top cable commission of the year. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 19,2004 regular City Council meeting and the October 12,2004 special City Council minutes as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Pam Fritz, Dispatcher. C. Check Registers. It was recommended to ratifY the check registers dated October 21, 2004, and October 28, 2004 as presented. D. Contract for Auditing Services. It was recommended to award the contract for auditing services for the 2004-2006 financial statements to Kern DeWenter Viere, Ltd. E. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-04 to 6-30-05. F. CIP Part II Vehicles and Equipment. It was recommended to approve Part II (Vehicles and Equipment) of the 2005-2009 Capital Improvement Program (CIP) G. Pension Agreement. It was recommended to approve the Eagan Volunteer Fire Relief Association 2005- 2009 Pension Agreement. H. Final Subdivision. It was recommended to approve a Final Subdivision (Birchwood Office Condos) of 6.9 acres to create 7 lots at property located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E. I. Final Subdivision. It was recommended to approve a Final Subdivision (Kreitz Addition) of 1.19 acres to create 2 single family lots for property located at 2890 Fairlawn Place, Lot 13, Block 7, Country Home Heights, in the SW Y. of Section 03. J. Cellular Antennae Lease Agreements. It was recommended to approve an agreement with Qwest Wirless to assign their rights to Verizon Wireless for the existing lease agreements for cellular antennae facilities at the Deerwood Reservoir, Highline Trail and Sandstone Drive locations and authorize the Mayor and Deputy City Clerk to execute all related documents. 04-76 04-77 Eagan City Council Meeting Minutes November 4, 2004 Page 2 K. Contract 03-09. It was recommended to approve Change Order #7 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the mayor and City Clerk to execute all related documents. L. Project 912. It was recommended to receive the Draft Feasibility Report for Project 912 (Windcrest / Birch Park Additions / Deerwood Drive / Denmark Avenue - Street Improvements) and schedule a public hearing to be held on December 6, 2004. M. Proiect 914. It was recommended to receive the Draft Feasibility Report for Project 914 (Thomas Lake Heights / Trails of Thomas lake Additions - Street Improvements) and schedule a public hearing to be held on December 6, 2004. N. Contract 03-08. It was recommended to approve Change Order No.2 to Contract 03-08 (Thresher Fields- Park Site Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. O. Agreement. It was recommended to approve an agreement between Burnsville / Eagan Community Television and Thisweek Newspapers for the sale oflimited commercial advertising. P. Project 03-0. It was recommended to acknowledge the completion of Contract 03-0 (Marcella Woods- Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Q. Amendment to Minutes. It was recommended to approve an amendment to page 4 of the September 7, 2004 City Council meeting minutes in regard to a Final Planned Development for Camp Butwin to read as follows: Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Planned Development to memorialize the existing site conditions andfuture plans as part of a Camp Butwin Master Plan for the 84 acre site located off of 120lh Street, within the Lebanon Hills Regional Park in the south half of Section 35, subject to the follow conditions (as listed in the original minutes). Aye: 5 Nay: 0 R. Walmart Foundation Grant. It was recommended to approve acceptance of$2,000 grant from the Walmart Foundation to the Eagan Police Department. PUBLIC HEARINGS CERTIFICA TION OF DELINQUENT UTILITY BILLINGS City Administrator Hedges stated the city has approximately 330 utility bill accounts with delinquent payments with an assessable amount of$52,372.91. Mayor Geagan 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 Tilley seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 04-78 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges stated the City currently has two delinquent false alarm bills with an assessable amount of $192.50. Mayor Geagan 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 Tilley seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 884, BORCHERT LANE STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding the Final Assessment Roll for Borchert Lane - Street and Utility Improvements. Public Works Director Colbert gave a staff report. Eagan City Council Meeting Minutes November 4, 2004 Page 3 Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 884 (Borchert Lane - Street & Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT CEDARSTONE DEVELOPMENT REZONING - ROBERT MCDONALD Councilmember Tilley stated she was the former owner of the subject property and excused herself from the dais. City Administrator Hedges introduced this item regarding a rezoning of5 acres from Agriculture to PD, Planned Development, a Preliminary Subdivision to create 8 lots and a Preliminary Planned Development to create 14 twin homes with public and private streets and reduced setbacks on property located at 1055 Wescott Road, which was continued from the October 19, 2004 City Council meeting. It was decided to review this item in conjunction with the next item on the agenda regarding a Rezoning for Bob McDonald of five acres from Agriculture to R-l, Single Family Residential for property located at 1085 Wescott Road. City Planner Ridley gave a staffreport. Peter Coyle, representing Cedarstone Development reviewed the proposed development plan, discussing concerns of area residents in regard to property values, tree preservation and the overall benefit to the City. Chuck Levine, project architect discussed the proposed setbacks. Bob McDonald, applicant for the proposed rezoning at 1085 Wescott Road expressed his opposition to the proposed Cedarstone Development stating he did not feel it would be consistent with the existing neighborhood. He also discussed the proposed private street and variances that would be required. Four area residents spoke, expressing their opposition to the Cedarstone Development. Councilmembers held a discussion which included the number of single family lots that could be accommodated on the property, the possibility of the two applicants working together on a plan for the two properties, the compatibility of the proposed twinhome development, the need for an emergency turn-around, street width, the possibility of public roads rather than private. There was general Council consensus that twin homes could be appropriate in this area if the other issues could be resolved. Both applicants indicated their willingness to continue consideration of the proposed rezonings, preliminary subdivisions and preliminary planned development. They both also indicated their willingness to discuss changes to the proposed plan. Agreement was reached to continue the items until the December 13,2004 City Council meeting. Staff was directed to notifY area residents by mail of the December 131h meeting. Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a Rezoning of5 acres from Agriculture to PD, Planned Development for property located at 1055 Wescott Road in the SW 1f4 of Section 14 to the December 13,2004 City Council meeting. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW 1f4 of Section 14 to the December 13, 2004 City Council meeting. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a Preliminary Planned Development to create 14 twin homes with public and private streets and reduced setbacks to Eagan City Council Meeting Minutes November 4, 2004 Page 4 the public street for property located at 1044 Wescott Road in the SW 1f4 of Section 14 to the December 13,2004 City Council meeting. Aye: 4 Nay: 0 Councilmember Maguire moved, Council member Fields seconded a motion to continue consideration of a Rezoning offive acres from Agriculture to R-l, Single Family Residential District for property located at 1085 Wescott Road to the December 13,2004 City Council meeting. Aye: 4 Nay: 0 Councilmember Tilley returned to the dais. CANVASS OF BALLOTS - NOVEMBER 2, 2004 MUNICIPAL ELECTION City Administrator Hedges stated that State law provides that within seven days after an election, the governing body of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. Administrative Services Director VanOverbeke gave an overview of the election results. Councilmember Fields moved, Councilmember Maguire seconded a motion to certifY the results of the November 2, 2004 Municipal Election. Aye: 5 Nay: 0 APPOINTMENT OF NEW ECONOMIC DEVELOPMENT COMMISSION MEMBER Councilmembers were provided ballots to vote for a new member to be appointed to the Economic Development Commission. The vacancy exists on the Commission due to a recent resignation. Councilmember Tilley moved, Councilmember Carlson seconded a motion to appoint Leslie Bromley to fill the vacancy on the Economic Development Commission. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT FOR KNOB HILL PROFESSIONAL OFFICE City Administrator Hedges introduced this item regarding a proposed Planned Development Amendment to change the fayade of the existing office building, combine two lots into one, replace a drive aisle with green space and add a new monument sign for Knob Professional Office located at 4178 Knob Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the fayade of the existing office building, combine two lots into one, replace a drive aisle with green space and add a new monument sign for Knob Professional Office located at 4178 Knob Drive, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded. 2. A revised landscape plan shall be submitted prior to writing the Planned Development Amendment Agreement. 3. The monument sign shall comply with City Code Sign Ordinance requirements. Any other free standing signage shall be removed. 4. The new trash enclosure shall be attached to and match the materials of the principal building. 5. A lot combination shall be executed and recorded prior to any building permits being issued. PRELIMINARY SUBDIVISION - CSM PROPERTIES, INC. City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots on 20.4 acres, located at 2955 Lone Oak Drive. He also discussed the need to terminate the application of Section 12.05 C (iv) of the City Code, as it applies to the subject property. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Fields seconded a motion to terminate the application of Section 12.05 (q (iv) of the City Code, as it applies to a 20.4 acre parcel located at 2955 Lone Oak Drive (Lot 1, Block 1, Blue Ridge 5th Addition), for the sole purpose of approving the subdivision of the property into two lots. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 4, 2004 Page 5 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots on 2004 acres, located at 2955 Lone Oak Drive in the SW 1f4 of Section 1, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: AI, Bl, B3, B4, Cl, C2, C4, Dl and EI. 2. The property shall be platted. Councilmember Maguire moved, Councilmember Fields seconded a motion to reinstate Section 120.5 (C) (iv) of the City Code. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on Caponi property acquisition. ADMINISTRATIVE AGENDA REQUEST FROM EAGAN ROTARY CLUB City Administrator Hedges stated the Rotary Club has asked that this item be continued. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a request from the Eagan Rotary Club regarding their annual Art Gala fundraiser to the November 16,2004 meeting. Aye: 5 Nay: 0 APPLICATION FOR LAWFUL GAMBLING EXEMPT PERMIT - FAITHFUL SHEPHERD SCHOOL Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an exempt permit for Faithful Shepherd Catholic School to hold a raffle on January 22, 2005 at 3355 Columbia Drive. Aye: 5 Nay: 0 04-80 CONTRACT WITH MIHCA City Administrator Hedges discussed this item regarding a proposed contract with MIHCA to allow the Eagan Community Center to participate in the Blue Cross Blue Shield BluePrint for Health Fitness Discount. Councilmember Tilley moved, Councilmember Fields seconded a motion to enter into a contract with MIHCA to allow the Eagan Community Center to participate in the BCBS BluePrint for Health Fitness Discount. Aye: 5 Nay: 0 PROJECT 771, LEXINGTON AVENUE UPGRADE ASSESSMENT APPEAL Public Works Director Colbert stated that Max and Mary Steininger are requesting the Council waive the interest of $4,945.04 associated with the assessment for parcel 10-01100-0 I 0-26 (3070 Lexington A venue) under Project 771. Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess into a closed session to discussion pending litigation with Mr. Steininger. The meeting was reconvened shortly thereafter. Councilmember Fields moved, Councilmember Tilley seconded a motion to deny the request to waive the 2004 certified interest in the amount of$4,945.04 associated with the assessment for parcel 10-01100-010-26 (3070 Lexington Avenue) under Project #771. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 4,2004 Page 6 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 9:45 p.m. //-tj-ctj Date L 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.