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01/21/2003 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 21, 2003 A regular meeting of the Eagan City Council was held on Tuesday, January 21, 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 City Administrator Hedges recommended discussion regarding the installation of French doors in the Senior Room at the Community Center under Community Center Update. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TlONS CEDAR AVENUE TRANSITW A Y STUDY Gene Franchett, Project Manager for Dakota County and Rick Nau ofURS Inc. provided a presentation and update of the Phase II Cedar Ave. Corridor Transitway Study. CONSENT AGENDA The following items were removed from the Consent Agenda: A. Minutes: Pulled for modification to Jan. 21 minutes F. X-Cel Energy Agreement: Moved to Old Business T. Cedar Grove District Summary: Moved to Old Business Administrator Hedges distributed a correction to the proposed action for Item I (Project 806R) that deleted any reference to cancellation of Project 806. A. Minutes B. Personnel Items. 1. It was recommended to approve the hiring of Darrin Schultz as a Police Officer. 2. It was recommended to approve the hiring of Kathryn Hetherington and Amy Paul as dispatchers contingent upon successful completion of the psychological, medical and physical exams. 3. It was recommended to approve an amendment to the City of Eagan Basic Personnel Policy, Section 22, Tuition Reimbursement Policy. C. Check Registers. It was recommended to ratify the check registers dated January 2, 2003 and January 16, 2003 as presented. D. 2003 Trash Hauler License Renewals. It was recommended to approve 2003 Trash Hauler License Renewals for Total Sanitation, Walters Recycling and Refuse and lME. E. 2003 Tree Contractor License Renewals. It was recommended to approve 2003 Tree Contractor License Renewals for R&R Tree Experts, Viking Land Tree Care Inc., Huston's Tree Service, Lawrence tree Removal, and Roggenbuck Tree Care. F. Xcel Energy Funding Agreement. MOVED TO OLD BUSINESS G. Proiect 881. It was recommended to receive the Draft Feasibility Report for Project 881 (Twin View Manor / Erik's Boulevard - Street Lighting Improvements) and schedule a public hearing to be held on February 18, 2002. H. Proiect 883. It was recommended to receive the Draft Feasibility Report for Project 883 (Clearview Addition / Beecher Drive - Street Lighting Improvements) and schedule a public hearing to be held on February 18,2002. 1. Proiect 806R. It was recommended to receive revised feasibility report for Project 806R (Kennerick Addition - Storm Sewer Improvements), and schedule a public hearing to be held on February 18,2003. Eagan City Council Meeting Minutes January 21,2003 Page 2 J. Wetland Replacement Plan. It was recommended to approve a wetland replacement plan for Project 843, JP-47 Alum Storage Basin Improvements. K. Proiect 800R. It was recommended to approve a Traffic Control Signal Agreement for Project 800R (Cedar Grove Access Modifications) with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. L. Proiect 793. It was recommended to approve the Final Assessment Roll for Project 793 (MVTA Transit Station Sanitary Sewer Improvements Final Assessment Roll. M. Joint Powers Agreement. It was recommended to approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. N. Sentence to Service Program. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to sign the appropriate documents. O. Lifeworks Services, Inc. It was recommended to approve renewal of a one-year contract with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the Mayor and City Clerk to sign the appropriate documents. P. Wetland Replacement PIan. It was recommended to continue consideration of the Wetland Replacement Plan - Kennerick Addition - City Project 806 until February 18,2003. Q. Contract 03-05. It was recommended to continue the receipt of bids and contract award for Contract 03-05 (JP-47 Alum Storage Basin Improvements), until the February 4,2003 City Council meeting. R. Change Order. It was recommended to approve Change Order #9, Community Center in the amount of $23,374. S. 2003 Commercial Fertilizer License Renewal. It was recommended to approve 2003 Commercial Fertilizer License Renewal for Total Lawn Care. T. Ordinance Amendment Summary. MOVED TO OLD BUSINESS U. Operations Committee Recommendation. It was recommended to approve the recommendation of the Operations Committee to direct staff to obtain two artists rendering (internal and external) of the Community Center at a cost not to exceed $3,600. V. Operations Committee Recommendation. It was recommended to approve the recommendation of the Operations Committee to set the hours of operation at the Community Center to e: Monday-Friday 5:45 a.m. - 9:45 p.m., Saturday 8:00 a.m. - 6:00 p.m., and Sunday Noon - 6 p.m. W. Operations Committee Recommendation. It was recommended to approve the recommendation of the Operations Committee to charge $117.50 for a birthday party (up to 10 people) at the Community Center, with a provision that if a party wishes to add a person to a party, an additional $11.75 per person will be charged. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes: Councilmember Maguire noted that on page 3 of the January 7, 2003 City Council minutes he voted against a motion to approve a temporary variance to the Parkview Golf Course Site Plan conditions. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the minutes of the January 7,2003 regular City Council meeting as amended, and the January 7, 2003 Listening Session as presented. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the minutes of the December 23,2002 special City Council meeting as presented. Aye: 3 Nay: 0 Abstain: 2 (Geagan and Maguire) PUBLIC HEARINGS VARIANCE - DUANE OLSON City Administrator Hedges introduced this item regarding a request for a three-foot variance from the required maximum of 42 inches to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes January 21,2003 Page 3 Councilmember Carlson moved, Councilmember Fields seconded a motion to open the public hearing. Aye: 5 Nay: 0 Duane Olson, applicant, discussed his request for a variance to construct a fence to reduce noise and visual intrusion from traffic on Cliff Road. There was no further public comment. Councilmember Maguire moved, Councilmember Tilley seconded a motion to close the public hearing. Aye: 5 Nay: 0 Mayor Geagan and Councilmembers discussed the installation of vegetation for screening rather than a fence. Pubic Works Director Colbert explained that Dakota County had compensated the property owner for existing vegetation that had been removed during the reconstruction of Cliff Road as part of the easement acquisition. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare findings of fact to deny a three-foot Variance from the required maximum of 42 inches to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road in the NE 'i4 of Section 34 subject to the following conditions: Aye: 3 Nay: 2 Maguire and Tilley opposed CITY ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS City Administrator Hedges discussed the interview process that had taken place on January 14,2003 and then explained the ballot matrix that would be used to vote on members for each commission. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the procedure for appointing advisory commission appointments. Aye: 5 Nay: 0 Councilmembers were provided with ballots. The results were as follows: Advisorv Plannin{! Commission (APC) Ron Miller - 3 year term Carla Heyl- 3 year term Gary Hansen - 3 year term Ted Gladhill- 1 year term Paul Leeder - I year alternate term Advisorv Park and Recreation Commission (APrC) Terry Davis - 3 year term Phil Belfiori - 3 year term Dorothy Peterson - 3 year term Ken West - 1 year alternate term Airport Relations Commission (ARC) Clint Hooppaw - 3 year term Nathan Krahn - 3 year term Stephen Nierengarten - 3 year term Steven Grooms - 1 year alternate term Eagan City Council Meeting Minutes January 21,2003 Page 4 Burnsville / Eal!:an Telecommunications Commission (BECT) Bill Raker - 3 year term Joseph Conlon - 3 year term Steven Chavez - 3 year term Economic Development Commission (EDC) Kenneth Koch - 3 year term Raza Hasan - 3 year term Patricia Todd - 3 year term Maggie Jensen - 3 year term Wayne Gilbert - 2 year term Miguel Montesions - 1 year term alternate Gun Club Lake WMO Jerry Walerak - 3 year term Wayne Sames - 3 year term Gerald Engelke - 3 year term Steve Gjerde - 3 year alternate term Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify appointments to the advisory commissions. Aye: 5 Nay: 0 ACTING MAYOR Mayor Geagan appointed Councilmember Carlson as Acting Mayor. Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the appointment of Council member Carlson as Acting Mayor. Aye: 5 Nay: 0 OFFICIAL LEGAL NEWSPAPER Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve retention of 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 2003 meeting schedule as follows: Aye: 5 Nay: 0 JANUARY 7 JANUARY 21 FEBRUARY 4 FEBRUARY 18 MARCH 4 MARCH 18 APRIL 1 APRIL 15 2002 Schedule of Regular City Council Meetings MAY 6 SEPTEMBER 2 MAY 20 SEPTEMBER 16 JUNE 3 OCTOBER 7 JUNE 17 OCTOBER 21 JULY 1 NOVEMBER 6 * JULY 15 NOVEMBER 18 AUGUST 5 DECEMBER 2 AUGUST 19 DECEMBER 16 * November 6 rather than November 4 due to Election Day. Eagan City Council Meeting Minutes January 21,2003 Page 5 There will be a Listening Session at 6:00 p.m. before each regular Council meeting 2003 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 14 MAY 13 MAY 27 (tentative) JUNE 10 SEPTEMBER 9 SEPTEMBER 23 (tentative) OCTOBER 14 FEBRUARY 11 & 12 Council Retreat FEBRUARY 25 (tentative) MARCH 11 MARCH 25 (tentative) APRIL 8 APRIL 22 (tentative) JUNE 24 (tentative) JULY 8 JULY 22 (tentative) AUGUST 12 AUGUST 26 (tentative) OCTOBER 28 (tentative) NOVEMBER 10 * NOVEMBER 25 (tentative) DECEMBER 9 * November 10 rather than November 11, due to Veteran's Day. CITY COUNCIL MEETING PROCEDURES Councilmember Carlson moved, Councilmember Tilley seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings and further approve the guidelineslhandout for public participation in City Council meetings (with corrections made to make documents consistent). Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Mayor Geagan made the following appointments: Finance Committee: Councilmember Carlson and Mayor Geagan Public Works Committee: Councilmember Fields and Councilmember Tilley Personnel Committee: Mayor Geagan and Councilmember Carlson Communications Committee: Councilmember Maguire and Councilmember Carlson Minnesota Valley Transit Authority Board: Councilmember Tilley School District #191: Councilmember Fields and Councilmember Tilley School District #196: Councilmember Fields and Councilmember Tilley School District #197: Councilmember Fields and Councilmember Tilley Municipal Legislative Commission: Mayor Geagan Councilmember Carlson moved, Councilmember Tilley seconded a motion to ratify the appointments to the standing committees and representative positions. Aye: 5 Nay: 0 OTHER APPOINTMENTS Mayor Geagan made the following appointments: Community Center/Central Park Teams: Operations: Mayor Geagan and Councilmember Carlson Partnerships: Mayor Geagan and Councilmember Tilley Councilmember Tilley moved, Councilmember Carlson seconded a motion to ratify the appointments to the community Center/Central Park Teams. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 21,2003 Page 6 ADVISORY COMMISSIONS LIAISON ASSIGNMENTS Mayor Geagan made the following assignments for liaisons to the Advisory Commissions. Economic Development Commission: Mayor Geagan Advisory Parks and Recreation Commission: Councilmember Carlson Advisory Airports Commission Councilmember Fields Advisory Planning Commission: Councilmember Maguire Bumsville/Eagan Telecommunications Commission: Councilmember Tilley Councilmember Carlson moved, Councilmember Fields seconded a motion to ratify the assignments for liaisons to the Advisory Commissions. Aye: 5 Nay: 0 HOLZ FARM LONG RANGE PLANNING CORE COMMITTEE Mayor Geagan appointed Councilmember Fields to serve on the Holz Farm Long Range Planning Core Committee with Councilmember Carlson serving as backup. Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the appointment of Councilmember Fields (and Councilmember Carlson as backup) on the Holz Farm Long Range Planning Core Committee. Aye: 5 Nay: 0 MSP JOINT AIRPORT ZONING BOARD Councilmember Carlson moved, Councilmember Tilley seconded a motion to appoint Assistant City Administrator Verbrugge and ARC Commissioner Michael Schlax to represent the City on the MSP Joint Airport Zoning Board. Aye: 5 Nay: 0 MSP NOISE OPERATIONS COMMITTEE Councilmember Fields moved, Councilmember Tilley seconded a motion to appoint Assistant City Administrator Verbrugge and City Administrator Hedges to represent the City on the MSP Noise Operations Committee. Aye: 5 Nay: 0 OLD BUSINESS WEB VENDOR CONTRACT City Administrator Hedges introduced this item regarding the City of Eagan's Web site. Communications Director Garrison made a presentation regarding the advantages of Web improvements. He recommended that a contract be approved with Quantum Art, Inc. for creation and installation of Web improvements. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a contract with Quantum Art, Inc for creation and installation of Content Management System and other Web improvements to the City of Eagan's Web site and an expenditure to redesign Eagan Home Page for ease of use and information delivery. Aye: 5 Nay: 0 AMENDMENT TO THE PARKVIEW GOLF COURSE DRIVING RANGE CONDITION REGARDING LIGHTING City Administrator Hedges introduced this item regarding a request by Parkview Golf Course to temporarily extend the hours of lighting on their driving range due to vandalism. Shane Korman representing Parkview Golf Course discussed the need for the temporary extension of lighting hours on the driving range. Eagan City Council Meeting Minutes January 21, 2003 Page 7 Chief of Police Therkelsen discussed the vandalism that has occurred to the Parkview Golf Course property . Three area residents expressed their opposition to the extension of the lighting hours. Councilmember Maguire moved, Councilmember Carlson seconded a motion to deny an amendment to condition #3 of the Site Plan approval for the Parkview Golf Course Driving Range. Aye: 5 Nay: 0 NORTH FIELDS - CONSIDER PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BID City Administrator Hedges discussed this item regarding the proposed multi-purpose athletic facility at North Fields Park. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve plans and specifications and authorize public bidding for the construction of athletic fields and infrastructure at North Fields Park. Aye: 5 Nay: 0 PUBLICATION OF CEDAR GROVE DISTRICT SUMMARY City Administrator Hedges introduced this item regarding a summary for publication of the Cedar Grove District amendment to Chapter 11 of the Eagan City Code. Councilmember Carlson discussed related items in the minutes of the December 23,2002 Special City Council meeting minutes and recommended that the Council support the recommendations of the Advisory Planning Commission. Councilmember Carlson moved, Councilmember Fields seconded a motion to reconsider the ordinance amendment regarding the Cedar Grove District. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to modify the ordinance amendment as follows: Number 5 of E, Lot Area, Lot Width and Yard Requirements: In the CGD, at least 85% (eighty five percent) of the street frontage of any lot shall be occupied by building facades meeting the build-to line. Other portions of a building beyond the 85% may be setback farther than required by the build-to line. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the summary, as amended, of the Cedar Grove District amendment to Chapter 11 of the Eagan City code entitled "Land Use Regulations (Zoning)" for publication. Aye: 5 Nay: 0 FUNDING AGREEMENT WITH XCEL ENERGY FOR CONTRACT 02-17 (CEDAR GROVE REDEVELOPMENT AREA - STREETSCAPING City Administrator Hedges presented the issues of this item regarding an agreement between the City of Eagan and Xcel Energy addressing the City Requested Facility Surcharge (CRFS) payment method for the burying of the overhead Xcel electrical lines in the Cedar Grove Redevelopment area. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a City Requested Facility Surcharge Agreement for Project 866 (Cedar Grove Redevelopment Area - Streetscaping) with Xcel Energy and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 21,2003 Page 8 NEW BUSINESS RECEIVE PETITION FOR STOP SIGN AT SLATER ROAD AND STORLAND ROAD / WALL STREET City Administrator Hedges introduced this item regarding a petition requesting an all-way stop sign on Slater Road at the intersection of Storland Road and Wall Street. Public Works Director Colbert stated that warrants established by the Minnesota Manual on Uniform Traffic Control Devices are not met at the petitioned intersection. Michael Cooper, a resident of Slater Road discussed incidents that have occurred in the neighborhood due to excess speed on Slater Road. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive a petition for and deny an all way stop sign at the intersection of Slater Road and Storland Road/Wall Street. Mayor Geagan stated he felt a stop sign would be beneficial to the area. Mayor Geagan, Councilmembers and staff discussed the issue. Councilmember Tilley withdrew the motion to deny the all way stop sign. Councilmember Fields moved, Councilmember Tilley seconded a motion to receive a petition for and approve an all way stop sign at the intersection of Slater Road and Storland Road/Wall Street. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE The issue of French doors vs. the current door into the Senior Room and proposed changes to the women's locker room were discussed. Councilmember Fields moved, Councilmember Carlson seconded a motion to leave the Senior Room as it is currently. Aye: 4 Nay: I (Tilley opposed) Councilmember Carlson moved, Councilmember Fields seconded a motion to support the Operations Committee recommendation regarding the women's locker room. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Mayor Geagan called a recess at 10:06 and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 10:25 p.m. and introduced "Visitors to be Heard". City Attorney Dougherty asked that a formal motion be made to adopt the ordinance amendment regarding Cedar Grove. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt the Zoning Ordinance Amendment to Chapter 11. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:25 p.m. ~~ ~ ~ c26/(J .3 , fkm~ fleputy City Cle<k ~ Eagan City Council Meeting Minutes January 21, 2003 Page 9 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.