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10/03/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 3, 2006 A Listening Session was held prior to the regular City Council meeting on October 3, 2006 in the Eagan Room. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on October 3, 2006 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, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS A plaque was presented to the City Council by Mike Foertsch, SEH in recognition of Money Magazine?s designation of Eagan as one of the best places to live. CONSENT AGENDA Item B (Personnel Items) was pulled for discussion. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the September 14, 2006 special City Council . meeting and the September 26, 2006 regular City Council meeting as presented B. Personnel Items. 1. It was recommended to ratify the appointment of Jeff Johnson as Deputy Chief of Police. Fields ? Maguire 5-0 2. It was recommended to ratify the Police Officer contract Tilley ? Fields 5-0 C. Check Registers. It was recommended to ratify the check register dated September 28, 2006 as presented. D. Delinquent Utility Bills. It was recommended to set a public hearing for November 9, 2006 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. E. Delinquent False Alarm Bills. It was recommended to set a public hearing for November 9, 2006 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. F. Delinquent Weed Cutting Bills. It was recommended to set a public hearing for November 9, 2006 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. G. Liquor License. It was recommended to approve the on-sale liquor and Sunday license for Tim Out Management Eagan, Inc. dba Time Out Restaurant & sports Bar, 2864 Highway 55, Suite 900. H. Project 928. It was recommended to receive the Final Assessment Roll for Project 928 (Alexander Road / Meadowview Road ? Street Improvements) and schedule a public hearing to be held on November 9, 2006. I. Election Judges. It was recommended to approve the list of election judges for the November 7, 2006 General Election. J. Capital Improvement Plan. It was recommended to approve Dakota County?s draft 5-year Transportation Capital Improvement Program for 2007-2011. Eagan City Council Meeting Minutes October 3, 2006 Page 2 K. Housing Improvement Policy. It was recommended to approve an Amendment of the City?s policy related to Housing Improvement Districts to require replacement reserve studies meet Community Associations Institute?s National Reserve Study standards and performed by certified CAI reserve specialists. L. Short Term Lease. It was recommended to authorize the preparation of short term lease agreement for Community Action Council ? Armful of Love Program at Cedarvale Mall. M. Energy Saving Equipment. It was recommended to award a contract to Harris Contracting Company to install additional energy saving equipment at the Eagan Civic Arena, authorize the Mayor to sign the appropriate documents and adjust the approved 2007 budget. N. Donation. It was recommended to accept a donation of $200 to be used to place perennial plants or a tree in Central Park. O. Tobacco License. It was recommended to approve a tobacco license for Jacque Johnson, selling under the name of Eagan Citgo at 4205 Nicols Road, Eagan. P. Tobacco License. It was recommended to approve a tobacco license for Kaku Investments, Inc., selling under the name of Go For It Gas at 4206 Nicols Road, Eagan, subject to approval by the Police Department. B. Personnel Items. a. Councilmember Fields moved, Councilmember Maguire seconded a motion to ratify the appointment of Jeff Johnson as Deputy Chief of Police. b. Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the Police Officer contract. PUBLIC HEARINGS PROJECT 932, WHISPERING WOODS ADDITIONS / SLATER ACRES / SLATER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the street overlay improvements for Whispering Woods Additions, Slater Acres / Slater Road. 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 Maguire seconded a motion to approve the Final Assessment Roll for Project 932 (Whispering Woods Additions / Slater Acres / Slater Road ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 933, TOWN CENTRE DR. / O?LEARY LANE / GOLFVIEW DRIVE STREET OVERLAY IMPROVEMENTS ? FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the street overlay improvements for Town Centre Drive / O?Leary Lane / Golfview Drive. 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 Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for Project 933 (Town Centre Dr. / O?Leary Lane / Golfview Drive ? Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 926, SADDLEHORN / SUNSET / NORTHVIEW MEADOWS ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Eagan City Council Meeting Minutes October 3, 2006 Page 3 City Administrator Hedges introduced this item regarding the street overlay improvements for Saddlehorn / Sunset / Northview Meadows Additions. 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 Maguire moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 926 (Saddlehorn / Sunset Additions / Northview Meadows ? Street Overlay improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 STSTTH PROJECT 927, MEADOWLAND 1 / BEAVER DAM ROAD / SUNCLIFF 1 ? 5 ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING st City Administrator Hedges introduced this item regarding the street overlay improvements for Meadowland 1 / stth Beaver Dam Road / Suncliff 1 ? 5 Additions street overlay improvements. Public Works Director Colbert gave 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 Final Assessment Roll for ststth Project 927 (Meadowland 1 / Beaver Dam Road / Suncliff 1 ? 5 Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 LOT 1, BLOCK 1 EAGANDALE CORPORATE CENTER NO. 4 EASEMENT VACATION City Administrator Hedges introduced this item regarding an easement vacation for Lot 1, Block 1, Eagandale Corporate Center No. 4. 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 Tilley seconded a motion to approve the vacation of a portion of public drainage and utility easements within Lot 1, Block 1 Eagandale Corporate Center No. 4 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 TH LOT 2, BLOCK 1, EAGANDALE OFFICE PARK 5 ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility th easements within Lot 2, Block 1, Eagandale Office Park 5 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. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the vacation of a portion of th public drainage and utility easements within Lot 2, Block 1 Eagandale Office Park 5 Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CEDAR BLUFF HOUSING IMPROVEMENT AREA PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE CEDAR BLUFF HOUSING IMPROVEMENT AREA AND IMPOSITION OF FEES ON HOUSING UNITS WITHIN THE CEDAR BLUFF HOUSING IMPROVEMENT AREA Eagan City Council Meeting Minutes October 3, 2006 Page 4 City Administrator Hedges introduced this item regarding the Cedar Bluff Housing Improvement Area and imposition of fees on housing units within the area. Community Development Director Hohenstein gave a staff report. Mayor Geagan opened the public hearing. Dan Cooper, President of the Cedar Bluff Homeowners Association discussed the proposed improvements to the Cedar Bluff buildings. Jim Rosbold, Secretary / Treasurer of the Homeowners Association thanked the Council for considering the proposed loan. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct preparation of the following: 1. An ordinance establishing the Cedar Bluff Housing Improvements Area. 2. A resolution imposing fees on housing units within the Cedar Bluff Housing Improvement Area to finance improvements. 3. A Development Agreement between the City and the Association. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT ? WINTER SEASON PARKING City Administrator Hedges introduced this item regarding an amendment to City Ordinance 9.09 (Winter Season Parking) relating to winter parking regulations on certain city streets that have either even addresses on both sides of the street or odd addresses on both sides of street. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an amendment to City Ordinance 9.09 (Winter Season Parking) relating to winter parking regulations on certain city streets that have either even addresses on both sides of the street or odd addresses on both sides of the street and authorize publication in the City?s legal newspaper for two weeks. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a resolution establishing 06-38 winter season parking regulations as proposed by the City Engineer for Denmark Trail East/West and Denmark Court East/West and authorize the installation of regulatory street signs. Aye: 5 Nay: 0 CONTRACT 06-08, NORTH RIDGE DRIVE AND SIBLEY TERMINAL STORM DRAINAGE IMPROVEMENTS City Administrator Hedges introduced this item regarding storm drainage improvements on Contract 08-08 (North Ridge Drive and Sibley Terminal Industrial Park. Public Works Director Colbert gave a staff report. Assistant City Engineer John Gorder discussed the neighborhood meetings where the design and construction of the storm drainage pipe was reviewed. Councilmembers discussed the options for the construction of corrective storm drainage improvements. Vince McGowan, Knoll Wood Court, discussed the auguring option which would cause more damage to his property. He expressed concern over costs that he will incur. Residents of the property adjacent to a portion of the proposed project (3864 and 3868 North Ridge Drive) thanked Council and commended Assistant City Engineer John Gorder for his work on the project. They discussed Eagan City Council Meeting Minutes October 3, 2006 Page 5 recommendations made by a soil specialist and requested that two trees be transplanted and replacement of decorative rock be made in the disturbed areas. Councilmembers discussed three alternate bids for the project. It was the consensus of the Council to approve Alternate #3, which provides for the jacking / auguring of the proposed new storm sewer pipe between the existing homes at 3864 and 3868 North Ridge Drive. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration to award Contract 06-08 (North Ridge Drive and Sibley Terminal Industrial Park Storm Drainage Improvements) to S.M. th Hentges and Sons, Inc. for Alternate #3 to the November 9 City Council meeting (or sooner). Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT ? BYERLY?S City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor display of fresh produce at the Byerly?s store located at 1299 Promenade Place. City Planner Ridley gave a staff report. The number of bins to display fresh produce outside the store was discussed by Council and a representative of Byerly?s. It was the consensus of the Council that three bins be allowed. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow outdoor display of fresh produce at the Byerly?s store located at 1299 Promenade Place, legally described as Lot 8, Block 1, Eagan Promenade, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder?s office. 2. Fresh produce display shall be limited to three 4? x 4? bins located between the building and the pillars near the front entrance. 3. Outside display shall occur only between May 1 and November 15 of each year. 4. Outside display items shall consist only of fresh seasonal produce. All items displayed shall be confined to the bins themselves, and shall not extend onto the sidewalk or other areas around the bins or along the storefront. 5. The bins shall not exceed 16 square feet each, and shall be painted a neutral color to match the building. The bins may have the Byerly?s name displayed on one side. 6. One pricing sign may be displayed for each bin. The signs shall be uniform in design, and shall not exceed the proposed 11? x 7? size. 7. No more than two propane cages shall be permitted. Placement of the propane cages shall be adjacent to the building and in compliance with applicable fire codes and ordinances. PLANNED DEVELOPMENT AMENDMENT ? INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a detached trash enclosure at 2864 Highway 55. City Planner Ridley gave a staff report. Matt Miller representing Interstate Partners discussed the location of the trash enclosure. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow a detached trash enclosure on Lot 3, Block 1, Grand Oak Five located at 2864 Highway 55 in the east ½ of Section 2, subject to the following conditions: Aye: 4 Nay: 1 (Maguire opposed) 1. The applicant shall enter into an amended Planned Development Agreement that memorializes the approval of a detached enclosure. Eagan City Council Meeting Minutes October 3, 2006 Page 6 2. The applicant shall record the amended Planned Development Agreement against Lot 3, Block 1, Grand Oak Five. 3. The applicant shall provide a revised Landscape Plan (with Building Permit application) that illustrates additional plantings in the area of the enclosure. 4. The enclosure shall be located and constructed as shown on the Site/Details Plan sheet dated 8-16-06. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow temporary signage on Lot 3, Block 1, Grand Oak Five located at 2864 Highway 55 in the east ½ of Section 2, subject to the following conditions. Ay: 5 Nay: 0 1. The applicant is allowed two temporary signs not to exceed a total of 50 square feet. 2. The applicant is allowed to display two temporary signs until the Tim Out Bar and Restaurant opens or December 31, 2006, whichever comes first. PLANNED DEVELOPMENT AMENDMENT ? WELLS FARGO City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a third automatic teller machine at the Wells Fargo facility at 3390 Pilot Knob Road. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a third automatic teller machine for their facility at 3390 Pilot Knob Road (Lot 1, Block 1, st Norwest 1 Addition) on the northeast corner of Pilot Knob and Yankee Doodle Roads in the SW ¼ of Section 10 subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Planned Development Amendment Agreement wit the City and record st same against Lot 1, Block 1, Norwest 1 Addition. 2. The installation of the third ATM and widening of the drive aisle shall comply with the Site Plan dated August 16, 2006, and the three ATMs shall have the same appearance. 3. The applicant shall provide (with the Building Permit application) a revised Landscape Plan that adds a grouping of non-evergreen ornamental trees in the area east and north of the pylon sign to improve and balance the aesthetics at this high profile intersection. 4. The applicant shall provide grading and drainage information with the Building Permit application. PLANNED DEVELOPMENT AMENDMENT ? SUPERIOR AUTO CENTER City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow the expansion of the existing auto service facility to include a collision center at 3425 Washington Drive. City Planner Ridley gave a staff report. Quinn Hudson, representing the applicant discussed the proposed expansion and upgrades to the existing facility. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Planned Development Amendment to allow the expansion of the existing auto service facility to include a collision center at 3425 rd Washington Drive on Lots 1 and 2, Block 3, Bicentennial 3 Addition located in the NE ¼ of Section 16 subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days of the date of Council approval and proof of its recording be provided to the City. 2. The two parcels shall be replatted into one lot. 3. The replatted parcel shall dedicate a drainage and utility easement around the perimeter of the site. 4. All maintenance, detailing and collision repair shall only occur inside the building. 5. New and updated building facades shall be constructed per the submitted elevation plan dated 8-16-06. Eagan City Council Meeting Minutes October 3, 2006 Page 7 6. The outdoor storage area, as depicted on the Site Plan dated 8-16-06, shall be enclosed by an opaque, 8? tall privacy fence. 7. All employee and vehicles in the service queue shall be located in the enclosed storage area. 8. In no instance shall customer vehicles be parked overnight outside of the enclosure. 9. Landscaping shall be installed as shown on the plan dated 8-16-06. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative / intergovernmental affairs update. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a proposed passport service to be located at the Eagan Community Center. Councilmember Fields moved, Councilmember Tilley seconded a motion to designate the Eagan Community Center as a passport service center. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. It was noted that a closed session of the Economic Development Authority would be held following the regular Council meeting. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 8:50 p.m. _______________________________ ___________________________________ Date Administrative Secretary / Deputy City Clerk 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.