Loading...
09/16/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 16,2003 A regular meeting of the Eagan City Council was held on Tuesday, September 16,2003 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, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Carlson asked that an item be added to the Administrative Agenda. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS PICTURE EAGAN - AMATEUR PHOTO CONTEST WINNERS Communications Director Garrison presented the winners of the amateur photo contest. A brief video showing the entries and winners of the contest was shown. CONSENT AGENDA Items M, P, T, Y, and Z were pulled from the Consent Agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes ofthe September 2, 2003 regular City Council meeting and the September 2, 2003 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Michael Riedlberger as a part-time custodian/maintenance worker at the Community Center. 2. It was recommended to approve the hiring of Brad Champlin, Guy Dawson, Jeff Freeman and Ken Freeman as part-time seasonal football officials. 3. It was recommended to approve the hiring of Bruce Barry and David Schomburg as part-time seasonal basketball scorekeepers. 4. It was recommended to approve the hiring of Erin Swinton as a part-time Concessions/Building Attendant at the Community Center. 5. It was recommended to accept the resignation of Henry Cho, Community Service Officer. 6. It was recommended to approve a one-time procedure whereby employees currently over the allowable vacation balance limit may reduce their hours below that limit before December 31, 2004 and whereby no accruals in excess of the allowable limit will be permitted after that date. 7. It was recommended to approve 2003 budget adjustments to compensation for the City Administrator in order to conform with State Statute 43A.17. C. Check Registers. It was recommended to ratify the check registers dated September 4, 2003 and September 11, 2003 as presented. D. Ordinance Amendment. It was recommended to approve an amendment to City Ordinance 10.30 regarding curfew. E. Ordinance Amendment. It was recommended to approve an amendment to City Ordinance 2.70, Disposal of abandoned motor vehicles, unclaimed property and excess property". F. Letter of Agreement. It was recommended to authorize staff to continue to work with Allco Financial Corporation CAlico) in the evaluation and structuring of a possible lease/leaseback transaction for City Eagan City Council Meeting Minutes September 16, 2003 Page 2 wastewater and drinking water assets; and authorizing the Mayor and City Clerk, subject to City Attorney review and approval, to enter into a letter of agreement with Allco for purposes of evaluating the feasibility of such a lease/leaseback transaction. G. Change Order. It was recommended to approve change order number 14 to the Eagan Community Center in the total amount of deduct of $12,571. H. Chan~e Order. It was recommended to approve change order #3, Eagan Central Park - Rotary Band Schell in the amount of$4,065. I. Contract. It was recommended to authorize Mayor Geagan to sign and execute contract documents for the DNR Natural and Scenic Area Grant in the amount of$349,703 for the acquisition of the Lee and Laurel Anderson property. J. Final Subdivision. It was recommended to approve a Final Subdivision (Piney Woods) to create ten lots on 4.9 acres located south of Cliff Road and east of Dodd Road in the NW Y4 of36. K. Final Subdivision. It was recommended to approve a Final Subdivision (Centennial Ridge 2nd Addition) to create two lots on approximately 3.1 acres located on the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW Y4 of Section 28. L. Final Subdivision. It was recommended to approve a Final Subdivision (Marcella Woods) to create 15 single family lots located at 4880 Pilot Knob Road in the SW Y4 of Section 34; subject to the conditions listed in the August 19,2003 City Council minutes. M. Final Plat. (Nature Preserve) PULLED N. Extension of Conditional Use Permits. It was recommended to approve a one-year extension of a Conditional Use Permit for hotel in the BP, Business Park zoning district, on property located at 2775 Blue Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park, in the NW Y4 of Section 2; and to approve a one year extension ofa Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the NW Y4 of Section 2. O. Final Plat. It was recommended to approve a Final Plat (Oak Cliff Place) to create one lot on approximately two acres located south of Cliff Road and east of Nicols Road in the NE Y4 of Section 31. P. Contract 01-13. PULLED Q. AUAR Update. It was recommended to authorize the preparation of a 5 year update to the Grand Oak AUAR by SRF Consulting Group, inc. R. Revolving Loan Fund. It was recommended to approve or deny authorization to reactivate the Revolving Loan Fund program and to direct the Economic Development Commission to prepare a Program Application and Review Process for Council consideration. S. 2003 Budget Adjustment. It was recommended to approve a 2003 General Fund budget adjustment increasing the employee health insurance accrual line item by $56,300 and reducing the contingency account by the same amount. T. Lease Agreement. PULLED U. Revised Minutes. It was recommended to approve a revision to page 3 of the August 19,2003 City Council minutes regarding an Interim Use Permit for Duke Realty Corp. V. Proiect 817. It was recommended to approve the Public Works Committee Recommendation for Dispute Resolution for Project 817 (Viburnum Trail - July 2000 Storm Mitigation Improvements) authorizing payment for warranty repair work. W. Resolution. It was recommended to approve a resolution supporting the Dakota County Economic Development Partnership E-Commerce Ready Initiative and Authorize Submission of an Application to the E-Commerce Certification Program. X. Service Agreement. It was recommended to approve a service agreement with Braun Intertech to perform a Phase I Environmental Review for portions of the Nicols Ridge Development Property in the Cedar Grove Redevelopment District, Braun Intertech, and Resolution to Give Notice ofIntent to Enter to Affected Property Owners. Y. Ordinance Amendment. PULLED Z. EVP Detector Installation. PULLED 03-55 03-56 03-57 03-58 03-59 03-60 Eagan City Council Meeting Minutes September 16, 2003 Page 3 M. The City Attorney explained that the proposed approval of the final plat of Nature preserve to create one lot on approximately 16 acres is separate from an issue later on the agenda regarding a variance request for an actual building on the site. Councilmember Carlson moved, Council member Tilley seconded a motion to approve the Final Plat (Nature Preserve) to create one lot on approximately eight acres located south of Yankee Doodle Road and east of Coachman Road in the NW Y. of Section 16. Aye: 5 Nay: 0 P. The benefits of the proposed improvements to Borhert Lane were discussed. Councilmember Carlson moved, Councilmember Fields seconded a motion to reject the bids for Contract 03-13 (Borchert Lane - Street and Utility Improvements), and authorize re-advertisement for bids in early 2004. Aye: 5 Nay: 0 T. Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue consideration of the telecommunication lease agreement with AT&T Wireless Services of MN, Inc. for an antenna installation on the Safari Reservoir located at 2091 Royale Drive. Aye: 5 Nay: 0 Y. City Administrator discussed background information regarding the need for an ordinance amendment restricting the placement of news racks, newsstands, and newspaper vending boxes. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct the City Attorney to prepare an ordinance amendment, modeled after the City of Crystal, to restrict the placement of news racks, newsstands, and newspaper vending boxes. Aye: 5 Nay: 0 Z. City Administrator Hedges discussed the proposed installation of an Advance Emergency Vehicle Pre- Emption Detector for the intersection of Cliff Road and Galaxie Avenue, stating that Part II of the contract in the amount is $16,855 is the amount to be considered. Councilmember Maguire moved, Councilmember Tilley seconded a motion to authorize the installation of an Advance Emergency Vehicle Pre-Emption Detector for the intersection of Cliff Road and Galaxie Avenue, award a contract to Collins Electrical Construction Co., in the amount of$16,855.00 to complete the work and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a request for a three-foot Variance to the minimum ten- foot side yard setback for living space at 690 Rosa Court. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Kurt Manley, representing the applicant, explained the request for the variance. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmembers discussed the current setback requirements and agreed to have the Advisory Planning Commission review the section of the City Code that addresses setbacks. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a three foot Variance to the minimum ten-foot side yard setback for living space at 690 Rosa Court, legally described as Lot 2, Block 2, Natures Edge, in the NW Y. of Section 36 subject to the following condition: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes September 16, 2003 Page 4 1. Ifwithin one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested inn 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. VARIANCE - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a request for variances for property located at 1560 Yankee Doodle Road. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Kurt Manley, applicant discussed the proximity of the cul-de-sac bubble to the adjacent property and the public right-of-way and the spillover of snow onto the right of way. He stated he would be willing provide snow removal should spillover occur. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmembers discussed the possibility of shifting the cul-de-sac (teardrop shape rather than circle) Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a variance of 10 feet for parking from the required 20 foot setback from a public right-of-way for property located at 1560 Yankee Doodle Road in the NW Y4 of Section 16 subject to the following condition. Aye: 5 Nay: 0 1. Ifwithin one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested inn 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. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a variance of 19 feet for pavement from the required 20 foot setback from a public right-of-way for property located at 1560 Yankee Doodle Road in the NW Y4 of Section 16 subject to the following conditions. Aye: 5 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 extension has been granted by the council. Such extension shall be requested inn 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. A wall shall be constructed around the portion of the cul-de-sac closer than 10 feet to the new right-of-way line. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a variance of 18 feet from the required 20 foot setback for pavement from a side yard adjacent to property guided QP, Quasi-Public for property located at 1560 Yankee Doodle Road in the NW Y4 of Section 16 subject to the following condition. Aye: 5 Nay: 0 1. Ifwithin one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested inn 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. Eagan City Council Meeting Minutes September 16, 2003 Page 5 LOT 9, BLOCK 2 LEXINGTON PARK VIEW ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding a vacation of public easement within Lot 9, Block 2 Lexington Parkview Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of public easement within Lot 9, Block 2 Lexington Parkview Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 GREYHA WK ADDITION EASEMENT V ACA TION City Administrator Hedges introduced this item regarding a vacation of public drainage and utility easements within Greyhawk Addition. Public Works Director Colbert gave a staff report. 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 Carlson seconded a motion to approve the vacation of public drainage and utility easements within Greyhawk Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL - SAM'S WEST City Administrator Hedges discussed this item regarding a request for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No.9. The applicant discussed the original plans submitted for the Sam's Club site and requested that Council consider alternatives to the circulation and traffic patterns within the parking lot that would be acceptable for the addition of motor fuel sales. Councilmember Maguire moved, Mayor Geagan seconded a motion to approve the Findings of Fact, Conclusions and Resolution of Denial for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No.9. Aye: 4 Nay: 1 (Tilley opposed) 03-60-A PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator Hedges stated that the applicant has requested this item be continued to allow the completion of a proposed lighting plan. Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of a Planned Development Amendment for Eagan Hotel Group to the October 7, 2003 City Council meeting. Aye: 5 Nay: 0 REDEVELOPMENT DISTRICT PROGRESS REPORT City Administrator Hedges introduced this item regarding the status and proposed next steps for the continued implementation of the Cedar Grove Redevelopment District. He stated that the Council received an update regarding the status and proposed next steps for the continued implementation of the Cedar Grove Redevelopment District at Eagan City Council Meeting Minutes September 16, 2003 Page 6 their September 9, 2003 workshop. Two Councilmembers were unable to attend the meeting and the Councilmembers present continued consideration of the action to this meeting. Community and Economic Development Director Hohenstein made a brief presentation. Bill Pritchard representing US Homes discussed the proposed exterior materials for the proposed townhome development. Councilmembers requested sample materials and a more detailed presentation be made at a future meeting. Councilmember Tilley moved, Mayor Geagan seconded a motion to approve an affirmation of the Vision, Goals and Next Steps for the Cedar Grove Redevelopment District as outlined in the planning report. Aye: 5 Nay: 0 Mayor Geagan moved, Councilmember Maguire seconded a motion to approve the Revised Architectural Design for the Nicols Ridge Row Homes as presented by US Homes. Further discussion was held regarding the exterior materials for the building. Mayor Geagan withdrew the motion. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of the Revised Architectural Design for the Nicols Ridge Row Homes to the October 7, 2003 City Council meeting. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the formation of a subcommittee of the City Council (Carlson and Tilley) to meet with City staff and consultants to clarify the City's policies regarding property acquisition and private improvements of properties within Cedar Grove Redevelopment District. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to call a recess of the regular City Council meeting and immediately convene a meeting of the Board of Adjustments and Appeals. Aye: 5 Nay: 0 BOARD OF ADJUSTMENTS AND APPEALS Board member Tilley moved, Board member Fields seconded a motion to convene a meeting of the Board of Adjustments and Appeals. Aye: 5 Nay: 0 City Administrator Hedges introduced this item regarding an appeal to the City Council's denial of a rezoning of the property located at 2785 Pilot Knob Road. Robert Polski, representing Central Irrigation, made a presentation regarding the rezoning of the subject property. He discussed the type of business Central Irrigation would be conducting on the site. Board members discussed the proposed street connections, storage issues, classroom space and found the decision / Findings of Fact for denial of a rezoning to be consistent with ordinance. Board member Fields moved, Board member Carlson seconded a motion to affirm the Findings of Fact for Denial adopted by the City Council on June 3, 2003. Aye: 5 Nay: 0 Board member Fields moved, Board member Tilley seconded a motion to adjourn the Board of Adjustments and Appeals meeting at 9:00 p.m. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to reconvene the City Council meeting at 9:00 p.m. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on current activities at the Community Center. Eagan City Council Meeting Minutes September 16, 2003 Page 7 ADMINISTRATIVE AGENDA Resolution of Support for the DNR Metro Greenways Grant Application for the McCarthy Farm. City Administrator Hedges discussed a request for a resolution in support for Mr. Ptarick's McCarthy's application for the DNR Metro Greenways Grant. Jack Conrad stated that Mr. McCarthy will be submitting his application in partnership with the Friends of the Mississippi River and Friends of Patrick Eagan Park. Councilmember Fields moved, Councilmember Tilley moved to adopt a resolution in support ofMr. Patrick McCarthy's application for the DNR Metro Greenways Grant. Aye: 5 Nay: 0 03-61 October Special City Council Meetings Councilmember Carlson moved, Councilmember Tilley seconded a motion to set a Special City Council workshop for Tuesday, October 28, 2003. Aye: 5 Nay: 0 Councilmember Carlson discussed the need for a trail on the east side Federal Drive. The issued had been discussed previously but continued to allow the completion of Central Park. Councilmembers agreed that discussion should be held at an upcoming workshop. Councilmember Tilley moved, Councilmember Fields seconded a motion to recess the regular City Council meeting at 9:20 p.m. and immediately convene a meeting of the Economic Development Authority. Aye: 5 Nay: 0 The regular City Council meeting was reconvened at 9:22 p.m. VISITORS TO BE HEARD Alan Miller thanked Communications Director Garrison for the presentation he made to the Chamber of Commerce regarding the grand opening of the Community Center. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:30 p.m. Aye: 5 Nay: 0 c-J d J ',,> J fJ L ht J.L/G j Lt ;) c'f3 I Date / ~. ~/~ 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.