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02/04/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 4, 2003 A regular meeting of the Eagan City Council was held on Tuesday, February 4,2003 at 6:30 p.m. 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, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS OATHS OF OFFICE - POLICE OFFICERS Mayor Geagan administered the Oaths of Office to Police Officers David Letoruneau, James Proshek, Desiree Carlson, Darrin Schultz. CONSENT AGENDA Items D and P were pulled from the Consent Agenda. A. Minutes. It was recommended to approve the minutes of the January 21, 2003 regular City Council meeting, the January 21,2003 Listening Session, the January 21,2003 special City Council meeting and the January 14,2003 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the 2003-2004 collective bargaining agreement with the clerical bargaining unit (Teamsters Local 320). C. Check Registers. It was recommended to ratify the check registers dated January 23,2003 and January 30, 2003 as presented. D. Minute Modification. It was recommended to approve a modification to page three of the November 7, 2002 City Council Minutes, adding item GG approving a proposal by I-Net and Sub-net for wiring at the Eagan Community Center. E. Liquor License. It was recommended to approve changes in management on the off-sale beer licenses for SuperAmerica Store #4335 located at 1379 Town Centre Drive and Store #4464 located at 2250 Cliff Road. F. Operations Committee Recommendation. It was recommended to approve the Operations Committee recommendations regarding "The Blast" (indoor playground). G. Cooperative Agreement with DNR. It was recommended to approve a cooperative agreement with the State of Minnesota DNR for a fishing pier awarded to the City for installation at Thomas Lake Park. H. Waiver of Subdivision. It was recommended to approve a Waiver of Subdivision for a duplex lot split to 03-02 allow or individual ownership of the two units for property platted as Lot 8, Block 5, Wilderness Run Fiftl Addition, located 1327 and 1329 Easter Lane in the NW 'I. of Section 27. 1. Contract 03-02. It was recommended to approve the plans and specifications for Contract 03-02 (Lexington Place / Drexel Heights Additions - Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 27, 2003. 1. Contract 01-12. It was recommended to approve Change Order No.4 to Contract 01-12 (July 2000 Storm Mitigation Improvements - Misc. Areas 2 and 4) and authorize the Mayor and City Clerk to execute all related documents. K. Contract 01-13. It was recommended to approve Change Order No.4 to Contract 01-13 (July 2000 Storm Mitigation Improvements - Areas 1,3,49 and 10) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 01-15. It was recommended to approve Change Order No.2 to Contract 01-15 (July 2000 Storm Mitigation Improvements - Miscellaneous Areas 6, 7, and 8) and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes February 4, 2003 Page 2 M. Contract 03-06. It was recommended to receive the bids for Contract 03-06 (2003 City-wide Sanitary Sewer Lining and Reconstruction), award the contract to Insituform Technologies USA, Inc. for the base bid in the amount of $127,732.50 and authorize the Mayor and City Clerk to execute all related documents. N. Proiect OO-C. It was recommended to acknowledge the completion of Contract OO-C (Murphy Farm 3rd Addition - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. O. D.A.R.E. Agreement. It was recommended to approve annual D.A.R.E. and Police Liaison Services Agreement for the 2002-2003 school year with ISD 196. P. DNR Metro Greenwav Grant A ward. It was recommended to accept DNR Metro Greenway grant award in the amount of $8,000; concurrently award contract to Dakota County Soil and Water District to conduct study of Metro Greenway in parts of Eagan. Q. 2003 Commercial Fertilizer License Renewal. It was recommended to approve 2003 Commercial Fertilizer License Renewals for Green Masters and Tru Green Chern Lawn. Councilmember moved, Councilmember seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 D. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a modification to November 7,2002 City Council Minutes. Aye: 3 Nay: 0 Abstain: Geagan, Maguire P. Councilmember Carlson moved, Councilmember Tilley seconded a motion to accept DNR Metro Greenway Grant award in the amount up to $10,000 with the City matching up to $8,000 for a total cost not to exceed $18,000; concurrently award contract to Dakota County Soil and Water District to conduct study of Metro Greenway in parts of Eagan. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 2, BLOCK 5, WILDERNESS RUN 4TH ADDITION - EASEMENT VACATION City Administrator Hedges recommended this item be continued to the February 18,2003 City Council meeting to allow time for review by the Advisory Park and Recreation Commission. Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue the public hearing to consider the vacation of public trail easement on Lot 2, Block 5, Wilderness Run 4th Addition to February 18, 2003. Aye: 5 Nay: 0 PROJECT 882, CRESTRlDGE LANE - STREET OVERLAY City Administrator Hedges introduced this item regarding the preparation of detailed plans and specifications for Credstridge Lane street overlay. Assistant City Engineer Gorder 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 Carlson seconded a motion to approve Project 882 (Crestridge Lane - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 680, CLIFF ROAD STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Cliff Road street and utility improvements. Public Works Director Colbert gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 4,2003 Page 3 Duane Olson, 1250 Cliff Road, expressed his opposition to the proposed assessment. There was no further public comment. Councilmember Fields moved, Councilmember Carlson seconded a motion to close the public hearing. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 680 (Cliff Road - Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to give PID #011- 02 (Olson property) an option to have all but 85 feet of frontage assessment deferred with interest until development or sale of the property. Aye: 5 Nay: 0 OLD BUSINESS REQUEST FOR RECONSIDERATION OF VARIANCE - DUANE OLSON City Administrator Hedges introduced this item regarding a request by Duane Olson for reconsideration of a variance request to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. This issue was originally considered at the January 21,2003 Council meeting. City Attorney Dougherty recommended that consideration of the Findings of Fact for Denial be acted on prior to reconsideration of the variance. Councilmember Carlson moved, Councilmember Fields seconded a motion to confirm the Findings of 03-03 Fact, Conclusions and Resolution of Denial of the Variance request of Duane Olson for a 6.5 foot fence in a front yard on property located at 1250 Cliff Road in the NE II. of Section 34. Aye: 5 Nay: 0 Paulette Olson, Scott Johnson, Sherry Norton, and James Shu, neighbors ofMr. Olson, were present and spoke in favor of the variance to allow Mr. Olson to construct a fence in his front yard. Mr. Olson addressed the Council, discussing the need for a fence in his front yard. He stated the noise level has increased due to increased traffic on Cliff Road and with the removal of vegetation, car lights shine into house. Council, staff, Mr. Olson and neighboring property owners discussed Mr. Olson's proposed fencing and the fencing that is planned for the neighboring properties that would not require a variance. Council recommended that after installation of the neighboring fences, Mr. Olson consider a shorter fence that would be more compatible and request, at that time, reconsideration of the variance. NEW BUSINESS DEVELOPMENT AGREEMENT - KEYSTONE COMMUNITIES OF EAGAN LLC City Administrator Hedges discussed this item regarding a development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing in the Cedar Grove Tax Increment Finance Redevelopment District No.1. Aye: 5 Nay: 0 Doris Dahline read a list of concerns and questions, which included the following: . Height of the proposed building . Vehicular ingress and egress . Emergency vehicle access Eagan City Council Meeting Minutes February 4,2003 Page 4 . Parking for staff, residents and visitors Councilmembers explained that these issues will be addressed at the time of development and compliance with the City Code will be ensured. The proposed action currently before the Council is in regard to a development agreement only. INTERIM USE PERMIT - PETER LUND City Administrator Hedges explained that Mr. Lund had requested consideration of an Interim Use Permit to allow outdoor storage of semi-trailers and prefabricated modular storage units to be located southeast of Mike Collins Drive and Borchert Lane be continued to the February 18,2003 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of an Interim Use Permit to allow outdoor storage of semi-trailer and prefabricated modular storage units to be located southeast of Mike Collins Drive and Borchert to the February 18 City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Carlson seconded a motion to direct staff to notify applicant of the City's 60 day extension to the agency action deadline and to direct the item to the February 13, 2003 Advisory Parks and Recreation Commission for review and comment. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment for Special Area #5 (Cedarvale Area) to the Metropolitan Council for review and approval. Four residents expressed concern regarding rezoning of their property and environmental impacts. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct staff to submit the Comprehensive Guide Plan Amendment for Special Area #5 (Cedar vale Area) to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 Mayor Geagan moved, Councilmember Fields seconded a motion to direct the zoning ordinance pertaining to the 300 ft. creek buffer setback to a future workshop for discussion. Aye: 5 Nay: 0 CBDG FUNDING FOR FISCAL YEAR 2003 City Administrator Hedges introduced this item regarding distribution ofFY 2003 Community Development Block Grant (CDBG) funding. Senior Planner Ridley gave a staff report. Discussion was held regarding how much funding was necessary for Eagan Youth Services. Councilmember Carlson moved, Councilmember Tilley seconded a motion to allocate $224,500 to the Blight Clearance Program Fund and $10,500 to Eagan Youth Services. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges gave a brief update on the recommendations of the Operations Committee. Councilmember Carlson moved, Councilmember Tilley seconded a motion that the color of the aerobics room remain as is (green) and not be changed to a more neutral color as originally directed by the Operations Committee on December 13,2002, and as stated to the City Council at their December 23 Special City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes February 4,2003 Page 5 ADMINISTRATIVE AGENDA City Administrator Hedges discussed a meeting to be held by Dakota County at Camp Sacagawea Lodge located in Lebanon Hills Park regarding the Dakota County drainage plan for Lebanon Hills Regional Park. He suggested that a special meeting be called due to more than two City Councilmembers planning to attend the meeting. Councilmember Fields moved, Councilmember Carlson seconded a motion to set a special City Council meeting date for February 6, 2003 at 6:30 p.m. at Sacagawea Lodge. Aye: 5 Nay: 0 ECONOMIC DEVELOPMENT AUTHORITY Mayor Geagan called a recess at 9:35 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:37 p.m. and introduced "Visitors to Be Heard". VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT p.m. "J ~C '--i/C{ Cl/LJV ~.') c (' .) 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). Councilmember Tilley moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:40 and went into Executive Session to discuss pending litigation. \ ifM 'f)?<4 // / ' . I I . ^ /' I. ~) (~ {?AJ_/2C!~ Deputy City Clerk J' 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.