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10/04/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 4, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, October 4, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Fire Chief Scott, Director of Public Works Colbert, Communications Director Garrison, Director of Parks and Recreation Johnson, and Administrative Secretary O'Brien. AGENDA City Administrator Hedges noted that Consent Item H. has been pulled from the agenda. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as modified. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the Minutes of the September 6, 2011 City Council meeting as presented B. Personnel Items: 1. It was recommended to approve Blue Cross Blue Shield as the City's health insurance provider for the calendar year 2012 2. It was recommended to approve the hiring of seasonal employees in Parks and Recreation C. It was recommended to approve the Check Registers dated September 15, 2011 and September 22, 2011 D. It was recommended to set the Public Hearing date for November 1, 2011 to certify delinquent false alarm bills E. It was recommended to set the Public Hearing date for November 1, 2011 to certify delinquent noxious weeds, mowing, refuse removal, and board -up bills F. It was recommended to approve Commercial /Multiple Dwelling Hauler License for Aspen Waste Systems, Inc. G. It was recommended to proclaim October 2011 as National Community Planning Month H. Final Planned Development and Final Subdivision for Stonehaven 3` Addition —ITEM PULLED 1. It was recommended to approve property acquisition and special assessment agreements, Project 1016R — Ames Crossing Rd. Street & Utilities (Cole Properties) J. It was recommended to approve Change Order No. 3 for Contract 09 -18 (Duckwood Drive Overpass — Bridge Street Improvements) K. It was recommended to receive Final Assessment Report for Project No. 1021 (Park Knoll Addition — Street Overlay) and Schedule Public Hearing (November 1, 2011) L. It was recommended to receive Final Assessment Report for Project No. 1038 (Engstroms Deerwood Addition Street Overlay) and Schedule Public Hearing (November 1, 2011) M. It was recommended to receive Final Assessment Report for Project No. 1040 (Fairway Hills Addition — Street Overlay) and Schedule Public Hearing (November 1, 2011) N. It was recommended to receive Final Assessment Report for Project No. 1043 (Blackhawk Pond Addition — Murphy Parkway — Street Improvements) and Schedule Public Hearing (November 1, 2011) O. It was recommended to receive Final Assessment Report for Project No. 1049 (Wilderness Run Road — Street Improvements) and Schedule Public Hearing (November 1, 2011) P. It was recommended to set Public Hearing date for November 1, 2011 to Certify Delinquent Utility Bills Q. It was recommended to approve a Letter of Understanding with EHA and the City of Eagan for the West Civic Arena dry land training space City Council Meeting Minutes September 20, 2011 2 page R. It was recommended to approve an Agreement with BCBS to participate in the do.campaign S. It was recommended to approve the 2012 Parks Capital Improvement Program (CIP) T. It was recommended to approve an Amendment to the 2010 Drug Task Force Grant U. It was recommended to approve Temporary On -Sale Liquor License and waive the license fee for Saints Martha and Mary Episcopal Church Oktoberfest Celebration on October 22, 2011 V. It was recommended to approve the terms and conditions for grantees along with the Grant Program guidelines on behalf of the Dakota County Drug Task Force PUBLIC HEARINGS FINAL ASSESSMENT HEARING PROJECT NO. 1048, BLUE CROSS ROAD — STREET IMPROVEMENTS City Administrator Hedges introduced the item regarding the final assessment hearing on Project 1048, Blue Cross Road street improvements. Director of Public Works Colbert gave a staff report regarding the final assessment hearing. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Mayor Maguire acknowledged that the Final Assessment was less than the Feasibility Report estimate, but inquired as to why it wasn't as much as the other projects. Director Colbert replied that, during construction, it was discovered that the aggregate base was substandard in several locations requiring additional material that was not anticipated in the original feasibility report. Mayor Maguire closed the public hearing. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1048, Blue Cross Road street improvements, and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING PROJECT NO. 1044, CLEARVIEW ADDITION — STREET OVERLAY City Administrator Hedges introduced the item regarding the final assessment hearing on Project 1044, Clearview Addition street overlay. Director of Public Works Colbert gave a staff report regarding the final assessment hearing. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Mayor Maguire closed the public hearing. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1044, Clearview Addition street improvements, and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING PROJECT NO. 1039, WILDERNESS PONDS — STREET OVERLAY City Administrator Hedges introduced the item regarding the final assessment hearing on Project 1039, Wilderness Ponds street overlay. Director of Public Works Colbert gave a staff report regarding the final assessment hearing. The Mayor opened the public hearing. There being no public comment, he turned the discussion back to Council. Mayor Maguire closed the public hearing. City Council Meeting Minutes September 20, 2011 3 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1039, Wilderness Ponds street improvement, and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING PROJECT NO. 1045, PLAZA DRIVE — STREET OVERLAY City Administrator Hedges introduced the item regarding the final assessment hearing on Project 1045, Plaza Drive street overlay. Director of Public Works Colbert gave a staff report regarding the final assessment hearing. The Mayor opened the public hearing. There being no public comment, he turned the discussion back to Council Mayor Maguire closed the public hearing. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1045, Galaxie /Cliff Plaza Drive street improvements, and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS NICOLS ROAD WEIGHT LIMIT RESTRICTION — XCEL ENERGY City Administrator Hedges introduced the item regarding Xcel Energy and the Nicols Road weight limit restrictions. Director of Public Works Colbert gave an overview and background on the item noting that Xcel had requested the item be continued to the October 4"' meeting. Director Colbert addressed concerns and noted that Xcel Energy, through negotiations with Burnsville, has reached an agreement to construct the required primary access for both routing operations and project expansion through the city of Burnsville. As part of the power plant expansion, the existing coal fired units will be phased out of service reducing the frequency and number of truck trips that will need the Nicols Rd access until the Burnsville accesses can be completed. Tom Basting, of Brigg and Morgan, on behalf of Xcel Energy, was present to answer questions of the Council. A discussion was held by the City Council expressing their concern regarding the anticipated deterioration of Nicols Road and whether there should be an escrow established for Xcel's use of the road or the potential for assessing future street improvements. Xcel restated their previous commitment to repair any damage done as a result of their use of Nicols Rd. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve removing the load limit restrictions on Nicols Road from Silver Bell Road to the Burnsville city limits. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT — MASTER TOOL & DIE A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF RECYCLE BINS, DUMPSTERS, PALLETS & BARRELS LOCATED AT 1950 SHAWNEE ROAD City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow outdoor storage of waste and recycling containers on property located at 1950 Shawnee Road; Master Tool and Die. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outdoor storage of waste and recycling containers on property located at 1850 Shawnee Road legally described as Lot 5, Block 2, Cedar Industrial Park, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. City Council Meeting Minutes September 20, 2011 4 page 2. The outdoor storage shall be limited to the items upon, and located in, the outdoor storage area as identified on the Site Plan received August 21, 2011. 3. A minimum 20 ft. emergency access aisle shall be designed and maintained on the west side of the building. 4. The chain link fence enclosure and mesh screen shall be installed no later than December 1, 2011. 5. The mesh screen for the chain link fence shall be kept in premium condition. Replacement of the mesh cover shall occur immediately if it falls into disrepair. 6. The storage area shall be maintained in an orderly fashion. 7. The building exterior and foundation shall be repaired no later than June 1, 2012. 8. Existing landscaping shall be maintained and any dead plant materials shall be replaced. PLANNED DEVELOPMENT AMENDMENT — HERTZ RENTAL CAR A PLANNED DEVELOPMENT AMENDMENT TO ALLOW A SATELLITE SALES OFFICE AND OVERNIGHT PARKING OF 5 RENTAL CARS LOCATED AT 3040 EAGANDALE PLACE City Administrator Hedges introduced the item regarding a planned development amendment for Hertz Rental Car to allow outdoor storage of five rental automobiles at 3040 Eagandale Place legally described as Lot 1, Block 1, Eagandale Lemay Lake 2 nd Addition. City Planner Ridley gave a staff report. There was a brief discussion by Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a planned development amendment to allow outdoor storage of five rental automobiles at 3040 Eagandale Place, legally described as Lot 1, Block 1, Eagandale Lemay Lake 2 " Addition subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office within 60 days of City Council approval with receipt to the City. The following plan is required for the Agreement: • Site Plan 2. Parking for the rental vehicles shall be according to the approved Site Plan submitted with this application (dated August 17, 2011). 3. Signs shall be erected identify the parking spaces approved for the rental vehicles locations. 4. The total number of rental vehicles shall not exceed five. 5. The sale of rental vehicles is prohibited. 6. Rental vehicle maintenance shall be limited to vacuuming. All other service and repair shall be prohibited. 7. No flags, balloons, banners, signs, pennants, ribbons, streamers, whirling devices, etc. shall be attached to rental vehicles. 8. The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the rental vehicles. COMPREHENSIVE GUIDE PLAN AMENDMENT — CSM EAGAN, LLC A COMPREHENSIVE GUIDE PLAN AMENDMENT FOR A PORTION OF THE PROPERTY FROM SA- MO, SPECIAL AREA — MAJOR OFFICE, TO SA -RC, SPECIAL AREA — RETAIL COMMERCIAL LOCATED AT 3333 PILOT KNOB ROAD City Administrator Hedges introduced the item regarding a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area - Retail Commercial upon approximately 41.2 acres of a 47.4 acre site located at 3333 Pilot Knob Road, legally described as Lot 1, Block 1, Unisys Park 2 " Addition and part of Lot 2, Block 1, Unisys Park 2 " Addition lying southerly and easterly of Central Parkway. City Planner Ridley gave a staff report and noted key issues. Community Development Director Hohenstein gave additional background on the property and identified the planning development process. Tom Palmquist of CSM Development was present and gave an overview of CSM and answered questions of the Council. City Council Meeting Minutes September 20, 2011 5 page A discussion was held by the City Council and staff. Mayor Maguire commented on his vision of a marquee destination experience of retail development. The Council further discussed priorities and themes relative to the central commons area. There was consensus by the Council to direct the preparation of a Retail Market Study. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area- Retail Commercial upon approximately 41.2 acres of a 47.4 acre site located at 3333 Pilot Knob Road, legally described as Lot 1, Block 1, Unisys Park 2 nd Addition and part of Lot 2, Block 1, Unisys Park 2 n Addition lying southerly and easterly of Central Parkway. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. CITY COUNCIL COMMENTS There were no City Council comments. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:10 p.m. Aye:5 Nay:0 Date 10 j - D01 Mayor •