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01/20/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 20, 2004 A Listening Session was held at 6:00 p.m. in the Eagan Room of the Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, January 20, 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 as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS JOHN KREAGER - RETIREMENT Mayor Geagan presented a Certificate of Appreciation to John Kreager for his 33 Y2 years of service to the City of Eagan. CITY OF EAGAN'S STORM WATER POLLUTION PREVENTION PLAN City Engineer Russ Matthys presented a summary of the City's Storm Water Pollution Prevention Plan, a requirement of the National Pollutant Discharge Elimination System Phase II Municipal Separate Storm Sewer Systems permit. Water Resources Coordinator Eric MacBeth made a presentation. CONSENT AGENDA It was requested that item FF be moved to "Legislative and Intergovernmental Affairs Update". Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Consent Agenda with the exception of Item FF. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 6,2004 Listening Session and the January 6, 2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Dan Schiller as a part-time custodian at the Community Center. 2. It as recommended to accept the letter of resignation from Sergeant Steve Anselmen who will be retiring from the Eagan Police Department in the Spring. 3. For information, the name of the person hired as Facility Operations Supervisor at the Eagan Community Center is Heidi Sedlacek. 4. It was recommended to approve the updated edition of the City of Eagan Personnel Policy, including the new Section 38.7 for an Individual Health Care Savings Plan for FLSA Non-Exempt Non-Collective Bargaining employees, Compensation Ranges G-I, who are scheduled to work thirty or more hours per week. C. Check Registers. It was recommended to ratify the check registers dated January 9, 2004 and January 15, 2004 as presented. D. Tree Maintenance Contractor Licenses. It was recommended to approve Tree Maintenance Contractor Licenses for Rainbow Tree Care and Ciardelli Tree and Landscaping. E. 2004 Service Station Permit. It was recommended to approve a Service Station Permit for Kath Fuel Oil Service Co. Eagan City Council Meeting Minutes January 20, 2004 Page 2 F. Tobacco Licenses. It was recommended to approve Tobacco Licenses for Axels Bonfire Restaurant and Kath Fuel Oil Service Company. G. Lawful Gambling Exempt Permit. It was recommended to approve a Lawful Gambling Exempt Permit for Faithful Shepherd Catholic School to conduct bingo on February 6, 2004 and April 24, 2004 at 3355 Columbia Drive. H. Lawful Gambling Exempt Permit. It was recommended to approve Lawful Gambling Exempt Permit National Wild Turkey Federation to conduct a raffle on March 11, 2004 at 2280 Cliff Road. Lawful Gambling Exempt Permit. It was recommended to approve Lawful Gambling Exempt Permit for Northview PT A to conduct a raffle on February 20, 2004 at 965 Diffley Road. National Mentoring Month. It was recommended to approve a Proclamation naming January as National Mentoring Month. K. Memorandum of Understanding. It was recommended to approve a memorandum of understanding proposed by the Gun Club Lake Watershed Management Organization for the City of Eagan to provide administrative services. L. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, Wine, beer and Liquor Licensing and Regulation. M. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. N. Deferred Compensation Plan. It was recommended to adopt a resolution amending and restating the deferred compensation plan in the form of the ICMA retirement corporation deferred compensation plan and trust. O. Surplus Property. It was recommended to declare certain fire helmets surplus property and authorize their donation to the 2001 Vulcan Krewe. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication to modify Chapter 13, Section 13.40, Subd. 3 regarding Variances. Q. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication to modify Chapter 4, Section 14.20 regarding signs. R. CDBG. It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2004 to the Dakota County Community Development Agency. S. Ordinance Amendment. It was recommended to direct staff to work with the Advisory Planning Commission to prepare a draft Ordinance Amendment regarding outdoor storage and bring said amendment through the public hearing process. T. Ordinance Amendment. It was recommended to direct staff to work with the Advisory Planning Commission to prepare a draft Ordinance Amendment to Chapter 11, relative to landscaping and tree mitigation requirements in the Cedar Grove Zoning District (COD). U. Contract 02-11. It was recommended to approve the final payment for Contract 02-11 (Dodd Road, Cliff Road to 120th Street - Street and Utility Improvements) in the amount of$150, 162.33 to Northdale Construction Company, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. V. Proiect 859. It was recommended to receive the draft feasibility report for Project 859 (Trunk Highway 55 / Lexington Avenue / Blue Gentian Road - Intersection Reconfiguration) and schedule a public hearing to be held on March 2, 2004. W. Project 877. It was recommended to receive the draft feasibility report for Project 877 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street, Utility and Trail Improvements) and schedule a public hearing to be held on March 2, 2004. X. Contract 04-02. It was recommended to approve the plans and specifications for Contract 04-02 (Diffley Frontage Roads, Lake Park Shores, Thomas Lake, Lakeside Estates, Wilderness Park 2nd and 3rd Additions - Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 12,2003. Y. Ordinance Amendment. It was recommended to authorize the preparation of an amendment to Chapter 10, Section 10.01 "Storage, Deposit and Disposal of Refuse" for future consideration. Z. Joint Powers Agreement. It was recommended to approve the eight City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. I. 1. P. () / -.-,;;L o~ OtJ; 04-:t' :) [;~: (, ~~7 04...e2'" Eagan City Council Meeting Minutes January 20,2004 Page 3 AA. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the Final Plat for Wentworth Park Addition, located South of Cliff Road, west of trunk highway 77 and east of Slater Road. BB. Change Order. It was recommended to approve change order number 16 to the Eagan Community Center for ($2,012.00). Cc. Pinal Payment. It was recommended to approve final payment for contracts completed for the Community Center and Bandshell projects. DD. Contract 01-05. It was recommended to approve the final payment for Contract 01-0S (Cedar Grove Access Modifications - Street and Utility Improvements) in the amount of $72,680.53 to S.M. Hentges & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. EE. Tree Preservation Ordinance. It was recommended to authorize staff to revise the tree preservation ordinance. FF. Comments to Proposed Amendments to City of Bloomington - PULLED GG. Silver Bell Road. It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on February 17,2004. PUBLIC HEARINGS VARIANCE - MARCIE TIETJEN City Administrator Hedges introduced this item regarding a request for a variance to exceed the 10 foot setback for a living space addition by 3 feet located at 1973 Covington Lake. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Ms. Tietjen discussed her request for a variance and indicated that a five foot variance would be required rather than a three foot variance due to a discrepancy in the side yard setback information she provided at the time a building permit was issued for the proposed addition. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Senior Planner Ridley noted that the mailed public notice had specified a request for a three foot variance rather than a five foot variance and that a revised notice would have to be mailed to surrounding property owners. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Variance to exceed the 10 foot living space setback by 5 feet for an addition to the principal structure at 1973 Covington Lane until February 3, 2004. Aye: 5 Nay: 0 PROJECT 894 - COACHMAN LAND CO. I CENTURY POINT AND DONALD COURT STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding a street overlay project for Coachman Land Co, Century Point and Donald Court. Assistant City Engineer Colbert gave a staff report. Mayor Geagan opened the public hearing. Two area residents questioned why investment properties of Alden pond were omitted from being assessed. Access issues and the City's assessment policy were discussed by staff and Council. It was noted that further review of affected properties will be conducted at the time of an assessment hearing. There being no further public comment Mayor Geagan closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes January 20, 2004 Page 4 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 894 (Coachman Land Co., Century Point and Donald Court - Street Overlay and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 CITY ORGANIZATIONAL BUSINESS ACTING MAYOR Mayor Geagan appointed Councilmember Fields as Acting Mayor. OFFICIAL LEGAL NEWSPAPER Motion was made by Fields, seconded by Tilley to approve retention of the Dakota County Tribune as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 CITY COUNCIL MEETING DATES Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the 2004 Schedule of City Council meetings. Aye: 5 Nay: 0 2004 SCHEDULE OF REGULAR COUNCIL MEETINGS JANUARY 6 MAY 4 SEPTEMBER 7 JANUARY 20 MAY 18 SEPTEMBER 21 FEBRUARY 3 JUNE 1 OCTOBER 5 FEBRUARY 17 JUNE 15 OCTOBER 19 MARCH 1 * JULY 6 NOVEMBER 1 ** MARCH 16 JULY 20 NOVEMBER 16 APRIL 8** AUGUST 3 DECEMBER 6 *** APRIL 20 AUGUST 17 DECEMBER 21 *March 1 rather than March 2 due to caucuses ** April 8 rather than April 6 due to Passover **November 1 rather than November 2 due to Election Day *** December 6 rather than December 7 due to Hanukkah (also subject to change due to Truth in Taxation) There will be a Listening Session at 6:00 p.m. before each regular Council meeting. Eagan City Council Meeting Minutes January 20, 2004 Page 5 2004 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 29 (tentative) MAY 11 SEPTEMBER 14 FEBRUARY 10 MA Y 25 (tentative) SEPTEMBER 28 (tentative) FEBRUARY 24 (tentative) JUNE 8 OCTOBER 12 MARCH 9 JUNE 22 (tentative) OCTOBER 26 (tentative) MARCH 23 (tentative) JULY 13 NOVEMBER 9 APRIL 13 JULY 27 (tentative) NOVEMBER 23 (tentative) APRIL 27 (tentative) AUGUST 10 DECEMBER 14 AUGUST 24 (tentative) CITY COUNCIL MEETING PROCEDURES Councilmember fields moved, Councilmember TiIley seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, approve the changes to the agenda format per the recommendation of the City Attorney and further approve the guidelines/handout for public participation in the City Council meeting. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Maguire moved, Councilmember TilIey seconded a motion to ratify the standing committee and representative appointments as follows: Aye: 5 Nay: 0 Finance Committee: Councilmember Carlson and Mayor Geagan Public Works Committee: Councilmember fields and Councilmember Maguire Personnel Committee: Mayor Geagan and Council member Carlson Minnesota Valley Transit Authority Board: Councilmember Tilley School District # 191: Councilmember Fields and Councilmember TiIley School District #196: Councilmember fields and Councilmember Tilley School District #197: Councilmember fields and Councilmember TiIley Community Center / Central Park Operations Committee: Mayor Geagan and Councilmember Carlson Communications Committee: Councilmember Maguire and Councilmember Carlson Advisory Commissions Liaison Assignments: EDC- Mayor Geagan APrC - Councilmember Carlson ARC - Councilmember Fields APC - Councilmember Maguire BETC - Councilmember TiIley MSP Noise Oversight Committee - Councilmember Fields ECVB Board of Directors - Councilmember Carlson and Councilmember fields Eagan City Council Meeting Minutes January 20, 2004 Page 6 POLICY GUIDELINES FOR ADVISORY COMMISSION APPOINTMENTS AND PROCEDURES Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Guidelines for Advisory Commission Appointments and Procedures Policy. Aye: 5 Nay: 0 ) C {, Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve a resolution regarding a policy that background checks be conducted on applicants to the advisory commissions. Aye: 5 Nay: 0 ~ EXTENSION OF COMMISSION APPOINTMENTS TO APRIL, 2004 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the four month extension of all advisory commission terms, in order that all commission terms will be consistent when appointed in April of each year. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC, City Administrator Hedges stated the applicant has requested this item be continued until the February 3, 2004 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a conditional use permit and variance for Realty Designs Inc. to February 3, 2004 Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator Hedges discussed this item regarding a request for a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, equipment, materials, and current/late model cars associated with a site plan on the 24 acre site, on property located at 3045 Sibley Memorial Highway and a request for a 30 foot Variance to the front yard setback for the approved outdoor storage items. City Planner Ridley gave a staff report. William Cottrell, attorney representing the applicant, discussed the proposed outdoor storage. The applicant spoke regarding the need for and use of the 113 foot tall crane. Councilmembers held a discussion regarding the visual impact of having a crane located on the property and the recommended condition made by the Advisory Planning Commission to enclose the outdoor storage area with a fence. They stated that a fence would likely be more unsightly than the outdoor storage. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct Findings of Fact for Denial of a conditional use permit to store a 113 foot tall crane on property located at 3045 Sibley Memorial Highway. Aye: 5 Nay: 0 Discussion was held regarding items to be stored on the site and potential future storage. The applicant agreed to continue the item to the February 3, 2004 City Council meeting to allow time to better define the type and amount of outdoor storage. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage of equipment, materials, and current/late model cars associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 20, 2004 Page 7 Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct findings of fact for Denial of a 30 foot Variance to the front yard setback for the approved outdoor storage items associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (LONG ACRES) and REZONING MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning of29.62 acres located east and west of Gun Club Road and north of 120lh Street and a preliminary subdivision to create 51 single family residential lots upon 29.62 acres located east and west of Gun Club Road. City Planner Ridley gave a staff report. Frank Blundetto, representing Manley Development, discussed the proposed subdivision and rezoning. Councilmembers questioned if potential home owners would be notified of the close proximity ofthe Gun Club. Councilmembers and staff also discussed storm drainage issues, future development on adjacent Rosemount property, a traffic study which was performed by SEH Consultants and the proposed trail system. Two residents expressed concern regarding the close proximity ofthe gun club, the effect of lead shot going into the wetland and the loss of trees. Steve Sandberg, representing the Gun Club stated the club would like potential buyers to be notified of the existence of the Gun Club. He further stated that the Gun Club will strive to be good neighbors. Councilmember Maguire stated he feels it would be premature to develop this area at this time because of drainage issues. Councilmember Tilley stated she feels the DNR permit should be obtained prior to approval of the proposed development. Councilmembers Carlson and fields stated the application meets all City Code requirements and should be approved. Council member Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of29.62 acres located east and west of Gun Club Road and north of 120th Street from Agriculture to R-l, Single Family Residential in the SE Y. of Section 36: Aye: 2 Nay: 3 Mayor Geagan, Councilmembers Maguire and Tilley opposed. Motion failed. It was agreed that further discussion should be held at a City Council worksession. Council member Carlson moved Councilmember Fields seconded a motion to continue discussion and consideration ofa rezoning and a Preliminary Subdivision located at Biscayne Avenue and Gun Club Road in the SE Y. of Section 36 until the February 10,2004 Council worksession and the regular City Council meeting of February 17,2004. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) RICH RAGATZ City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Woodland Place Addition) of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road. Senior Planner Ridley gave a staff report. After discussion between Council, staff and the applicant, it was agreed to continue consideration of the request to allow the applicant time to reconfigure Lot 1 so it would meet the 85 foot lot width requirement at the 30' setback which would eliminate the need to vacate all ofthe Dodd Road Right of Way requested by the applicant. Eagan City Council Meeting Minutes January 20,2004 Page 8 Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Preliminary Subdivision (W oodland Place) of approximately 6.32 acres to create 14 single family lots, and the vacation of a portion of public right-of-way known as Dodd Road, located at 630 and 660 Cliff Road on the SE corner of Cliff Road and Dodd Road in the NW t.4 of Section 36 to the February 3, 2004 Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Consent item FF which was moved from the Consent Agenda was discussed: Approve comments to the Proposed Amendments to the City of Bloomington Comprehensive Guide Plan for the Airport South District, per the Recommendation of the Eagan Airport Relations Commission. Councilmember Fields asked that surrounding cities be notified of Eagan's position regarding the proposed amendments to the City of Bloomington Comprehensive Guide Plan. Councilmember Maguire stated he did not feel an item such as this should be considered on a consent agenda. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve comments to the proposed amendments to the City of Bloomington Comprehensive Guide Plan for the Airport South District, per the recommendation of the Eagan Airport Relations Commission, with Metropolitan Council and surrounding cites being copied on the comments. Aye: 5 Nay: 0 BOARD OF ADJUSTMENTS AND APPEALS Chairman Geagan convened a meeting of the Board of Adjustments and Appeals. Aye: 5 Nay: 0 City Administrator Hedges provided background information regarding an appeal to the City Council's denial of variances requested for property located at 1745 Sartell Avenue in the NE t.4 of Section 20. Anthony DeGuerre, representing the applicant, proposed the City not enforce the zoning ordinance per the QJy..2f Eden Prairie v. Kiepke. Three residents of Sartell Avenue spoke in opposition to the variances. The Board deferred the matter to the City Attorney for further review. Mr. DeGuerre was informed he had ten days in which to submit further information to the Board. Chairman Geagan adjourned the Board of Adjustments and Appeals meeting. Mayor Geagan reconvened the regular City Council meeting at 11 :40 p.m. Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting and immediately convene a meeting ofthe Economic Development Authority at 11 :40. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 11 :45 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 20,2004 Page 9 OTHER BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION Community Development Director Hohenstein provided an overview of the proposed development agreement. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Resolution approving Amended and Restated Development Agreement relating to Tax Increment Financing District No.1 Between the City of Eagan, Eagan Economic Development Authority and U.S. Home Corporation. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Resolution Approving Amended and Restated Preliminary Development Agreement Relating to Tax Increment Financing District No.1 between the City of Eagan, Eagan Economic Development Authority and United Properties. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 11:45. Aye: 5 Nay: 0 ( (tJJ 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). 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