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05/06/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 6, 2003 A regular meeting of the Eagan City Council was held on Tuesday, May 6, 2003 at 6:30 p.rn. at the Eagan Municipal Center. Present were Mayor Geagan and 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 Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA Items G, Land R were pulled from the Consent Agenda. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 15, 2003 regular City Council meeting, the April 15, 2003 Listening Session, the April 22, 2003 City Council retreat and the April 29, 2003 City Council workshop as presented. B. Personnel Items. I. It was recommended to approve the promotion of Duane Pike from a Patrol Officer to a Sergeant in the Police Department. 2. It was recommended to approve the hiring of Erik Didrikson as a part-time building attendant at the Community Center. 3. It was recommended to approve the hiring of Alyxandria Barber, Christopher Buntjer, Melissa Buntjer, Meghan Chappuis, Erik Johnsen, Gabrielle Johnson, Tori Julian, Nick Landauer, Christie Mason, Rachel Nygaard, Alexander Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Kevin Stevenson, Joe Wavrunek and Julie Wavrunek as part- time seasonal concessions workers. 4. It was recommended to approve the hiring of Ashley Weninger, Kelly Schaffer, Sarah Mott, Shana Secory, Ben Ewald, Matthew Abramson, Lauren Hoefle, Jennifer Berkopec, Brooke Peterson, Ryan Ruzicka, Megan Menning, Caren Honigsfeld, Kabikov Mikhail, Amanda Barse, Lauren Michelsen, StephenByrnes, Matt Johnson and Winta Yacob as Cascade Bay seasonal stafffor 2003. 5. It was recommended to approve a Time Spent Profile (TSP) point revision from non-exempt range G to non-exempt range H for the Code Enforcement Technician. 6. It was recommended to approve a Time Spent Profile (TSP) point revision from non-exempt range D to non-exempt range E for the Administration Clerical Technician position of Mary Swenson. C. Check Registers. It was recommended to ratify the check registers dated April 17, 2003, April 24, and May 1,2003 as presented. D. 2003 Hauler License. It was recommended to approve 2003 Hauler License (Construction/Demolition Debris) for Haugen's Haulers and Dan's Container Service. E. 2003 Hauler License. It was recommended to approve 2003 Hauler License (Commercial/Multiple Dwelling) for Highland Sanitation and Recycling, Inc. F. 2003 Tobacco License. It was recommended to approve 2003 Tobacco License for L.T. Tobacco and Variety Store, 1270 Town Center Drive. G. Contribution to Caponi Art Park. Pulled H. Change Order. It was recommended to approve Change Order #12 for the Eagan Community Center in the amount of$34,499. Eagan City Council Meeting Minutes May 6, 2003 Page 2 1. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolutions of 03-30 Denial of a request for a Variance modification to allow water and sewer connections to a detached garage proposed for 1944 Safari Trail. J. Final Planned Development. It was recommended to approve a Final Planned Development (Cedar Villas) - Dakota County Community Development Agency. K. Comprehensive Guide PIan Amendment. It was recommended to implement the Comprehensive Guide Plan Amendment for Special Area #5 (Cedarvale Area). 1. Contract #03-04. Pulled for separate vote. M. Easement Agreements - Project 806R. It was recommended to approve Easement Agreements for project 806R (Kennerick Addition, Pond HDP-l - Trunk Storm Sewer Improvements) with the owners of the referenced impacted properties and authorize the Mayor and City Clerk to execute all related documents. N. Project 801. It was recommended to receive the Final Assessment Roll for Project 801 (Silver Bell Road- Street Improvements) and schedule a public hearing to be held on June 17,2003. o. Change Order No.4 for Contract 01-05. It was recommended to approve Change Order No.4 to Contract 01-05 (Cedar Grove Redevelopment- Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Settlement Agreement. It was recommended to approve a settlement agreement with Metricom Inc. relating to their bankruptcy filings and authorize the mayor and City Clerk to execute all related documents. Q. "Easement Agreements for Project 851. It was recommended to approve Easement Agreements for Project 851 (Town Centre Area - Street & Access Management Improvements) with the owners of the referenced impacted properties and authorize the Mayor and City Clerk to execute all related documents. R. Proiect 871. It was recommended to approve a commitment to MNDOT to finance up to 50%ofthe increased costs associated with the reconstruction of the intersection of Highway 149 & Wescott Road. S. Law Enforcement Mutual Aid Pact. It was recommended to approve Law Enforcement Mutual Aid Pact with the City of Bloomington. T. Easement Vacation. It was recommended to approve the vacation of public easement within the Lot I, Block 1 Town Centre 70 Addition (kohl's) and authorize the Mayor and City Clerk to execute all related documents. U. Contract 03-01. It was recommended to approve the revision of the bid opening for Contract 03-01 (Town Centre Area - Street & Access Management Improvements) to 10:30 a.m. on Thursday, May 15, 2003. V. Proclamation. It was recommended to approve a Proclamation proclaiming May, 2003 as Falun Dafa Month 03-31 in Eagan. W. Four Paws Addition. It was recommended to approve a resolution allowing separate tax parcels for Outlot 03-32 A and Lot 1, Block 1, Four Paws Addition. x. Hiring Freeze. It was recommended to approve a temporary hiring freeze for the City of Eagan. G. Contribution to Caponi Art Park. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a $1,200 contribution to the Caponi Art Park to support 2003 summer cultural and artistic performances and programs. Aye: 5 Nay: 0 1. Contract #03-04. Councilmember Fields moved, Councilmember Calrson seconded a motion to receive the bids for Contract 03-04 (TH 55/Gift of Mary - Street & Utility Improvements), award the contract to S.M. Hentges, Inc., for the total base bid in the amount of$306,039.35, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: I (Tilley opposed) R. Proiect 871. Councilmember Maguire asked for clarification regarding the segment ofHwy. 149 from Highway 55 to Yankee Doodle Road which Public Works Director Colbert provided. Councilmember Maguire moved, Councilmember Tilley seconded a motion approve a commitment to MNDOT to finance up to 50%ofthe increased costs associated with the reconstruction of the intersection of Highway 149 & Wescott Road. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 6, 2003 Page 3 PUBLIC HEARINGS DELINQUENT UTILITY BILLS City Administrator Hedges discussed this item regarding approximately 260 utility bill accounts with delinquent payments. The assessable amount of these accounts is $40,363.89. Mayor Geagan opened the public hearing. There was no public comment. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding nine delinquent false alarm bills. The assessable amount of these bills is $2,542.50. Mayor Geagan opened the public hearing. There was no public comment. Councilmember Fields moved, Councilmember Maguire seconded a motion to close the public hearing and approve the fmal assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding delinquent weed cutting bills. The total assessable amount of these bills is $337.88. Mayor Geagan opened the public hearing. There was no public comment. Councilmember Fields moved, Councilmember Maguire seconded a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VARIANCE TO 20 PERCENT LOT COVERAGE FOR A GARAGE ADDITION AT 1644 SHERWOOD WAY (Cal Roeske) City Administrator Hedges introduced this item regarding a request for a Variance to the maximum 20 percent building coverage for a garage addition that will result in 21.2 percent of building coverage for the lot at 1644 Sherwood Way. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Cal Roeske, applicant, was present to answer questions of the Council. There being no further comment Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance to the maximum 20 percent building coverage for a garage addition that will result in 21.2 percent of building coverage for the lot at 1644 Sherwood Way, Lot 9, Block 1, Brittany 2nd Addition; subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 6, 2003 Page 4 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 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 materials and color of the addition shall match the existing principle structure. 3. The addition shall be subject to all other R-1, Single Family Residential zoning standards. 4. The garage addition shall be located as indicated on the plans dated April 7,2003. EASEMENT VACATION, LOTS 1 & 2, BLOCK 1, HEINE 1ST ADDITION, AND FINAL SUBDIVISION (HEINE 2ND ADDITION) - BILL HEINE City Administrator Hedges introduced this item regardinr the vacation of public easements within Lots 1 & 2, Block 1, Heine 1 sl Addition and the final subdivision (Heine 2n Addition) to create two lots on approximately 1.6 acres located at 1480 and 1490 Diffley Road. Senior Planner Ridley 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 Tilley moved, Councilmember Fields seconded a motion to approve the vacation of public easements within Lots 1 & 2, Block 1, Heine 1 st Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Subdivision (Heine 2nd Addition) to create two lots on approximately 1.6 acres located at 1480 and 1490 Diffley Road in the NE % of Section 28. Aye: 5 Nay: 0 03-33 OLD BUSINESS REVOCATION OF INTERIM USE PERMIT - CITY OF EAGAN City Administrator Hedges introduced this item regarding the revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on property owned by Jim Oberg, located south of Red Pine Lane. Senior Planner Ridley gave a staff report and suggested the item be continued due to the applicant being out of town and unresolved issues. Councilmehlber Carlson suggested that the item be placed on the May 20th agenda. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of the revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on property owned by Mr. Jim Oberg, located south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE Y. of Section 36 to the May 20th City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS INTERIM USE PERMIT - NORTHWOOD EQUITY LLC City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow the temporary storage of vehicles at 3265 Northwood Circle. Senior Planner Ridley gave a staff report. Councilmember Carlson suggested shortening the amount of time for the Interim Use Permit. Council discussed the five year permit and agreed that two years would be more appropriate. Council also agreed that the applicant should determine a permanent solution to the storage issue. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve an Interim Use Permit to allow the temporary outdoor storage of vehicles on Lot 1, Block 1, Northwood Business Park 2nd Addition, located at 3265 Northwood Circle subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 6, 2003 Page 5 1. The American Red Cross is limited to four blood mobiles that are 40 feet in length, 15 trucks that re 32 feet in length, 30 vans and 49 cars for outdoor storage associated with this Interim Use Permit. 2. Midwest Special Services is limited to eight vans for outdoor storage associated with the IUP. 3. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions ofthe permit are within compliance. The interim use permit may be revoked / modified if parking becomes problematic or for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City council with all interested parties being given an opportunity to be heard. 4. The IUP shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 5. The IUP shall terminate on May 6,2005. 6. The outdoor storage shall occur in the designated storage areas as indicated on the site plan. 7. All vehicles shall be properly licensed and road worthy. REZONING AND FINAL PLAT (CHILDREN'S THERAPY ADDITION) City Administrator Hedges introduced this item regarding a Rezoning from T, Transitional to NB, Neighborhood Business and a Final Plat (Children's Therapy Addition)to create one 10t located at the 2700 block of Pilot Knob Road. Senior Planner Ridley gave a staff report, noting a revision to condition number seven listed in the Advisory Planning Commission minutes. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Rezoning from T, Transitional to NB, Neighborhood Business and a Final Plat (Children's Therapy Addition) to create one lot located at the 2700 Block Pilot Knob Road in the NE ~ of Section 4 subject to the following conditions. Aye: 5 Nay: 0 03-34 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: AI, B1, 2, 3, C1, 2, Dl, E1 2. The property shall be platted. 3. Green space coverage and building coverage shall be shown on plans submitted for building permit. 4. Certified landscape plan shall be submitted with building permit. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of DNL. 6. The developer shall acquire all necessary Dakota County Transportation Department permits for access and work within the right-of-way prior to building permit approval. 7. The fmal plat for this development should dedicate restricted access onto Pilot Knob Road. 8. A tree preservation plan will be required at the time of building permit application. 9. All standard building and parking setbacks shall be met. PRELIMINARY SUBDIVISION (RIVER RUN ADDITION) City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single family lots and a variance of 38 feet to the required 50 foot right-of-way setback for the existing house located at 2987 Pilot Knob Road. Senior Planner Ridley gave a staff report. Kim Knutson, River Run Properties, discussed the proposed subdivision, detailing issues related to access from Pilot Knob Road Councilmembers discussed possible solutions to the access/driveway issues. It was agreed that the applicant should discuss possible options with Dakota County and that a letter of support be sent from the City. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Preliminary Subdivision (River Run Addition) to create two single family lots, and a Variance of38 feet to the Eagan City Council Meeting Minutes May 6, 2003 Page 6 required 50 foot right-of-way setback for the existing house located at 2987 Pilot Knob Road to May 20,2003. Aye: 5 Nay: 0 James Oslund, 2997 Pilot Knob Road expressed concern regarding drainage onto his property if the driveway is constructed as discussed by Council. Mayor Geagan suggested that Mr. Oslund and the applicant meet to discuss Mr. Oslund's concerns prior to the May 20th Council meeting. COMMUNITY CENTER UPDATE City Administrator Hedges discussed current activity at the Community Center. ADMINISTRATIVE AGENDA Community Development Block Grant Transfer Money to Youth Development City Administrator Hedges stated that determination had been made that ineligible CDBG funds had been previously allocated for programming at the Community Center. He suggested that the resulting $11,000 in CDBG funding be allocated to the City' s Youth Development Program. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the allocation of $11,000 in CDBG funding to the City of Eagan's Youth Development Program. Aye: 5 Nay: 0 Request to Rent Civic Arena City Administrator Hedges discussed a request received by staff to rent the Eagan Civic Arena for an event to be held May 31, stating that the renter would like to serve beer and wine. Councilmembers and staff discussed policy issues regarding use of the Civic Arena. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the rental of the Civic Arena and extend the current policy for park shelters with the addition of police security being provided. Aye: 5 Nay: 0 Mayor Geagan called a recess at 8:20 p.m. and immediately convened a meeting ofthe Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 8:25 p.m. and introduced "Visitors to Be Heard". VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 8:25 p.m. and went into Executive Session. .') L . ej Date \ I ~. ill I / I ;' / Ld<<-- 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). Eagan City Council Meeting Minutes May 6, 2003 Page 7 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.