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06/20/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 20, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on June 20, 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 Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Eagan Explorers Post was recognized for 20 years of service. CONSENT AGENDA Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 6, 2006 City Council meeting as . presented B. Personnel Items. 1. It was recommended to approve the hiring of Adam Bourassa as a Utilities Maintenance Worker. 2. It was recommended to approve the hiring of Brea Bruggeman as a part-time Clerical Tech III in Police. 3. It was recommended to acknowledge the internal transfer of Anna Volk from Community Service Officer to 9-1-1 Dispatcher. 4. It was recommended to acknowledge the promotion of Sonja Rippe from Recreation Program Supervisor to Recreation Facility Manager. 5. It was recommended to acknowledge the promotion of Paula Nowariak from Recreation Program Supervisor to Recreation Program Manager. 6. It was recommended to approve the hiring of Jamie Feckey, Dawn King and Jessica Tonn as part-time fitness attendants at the Community Center. 7. It was recommended to accept the letter of resignation from Police Officer Andrew Rapaway. C. Check Registers. It was recommended to ratify the check registers dated June 8, 2006 and June 15, 2006 as presented. 06-24 D. Authorized Bank Account Signers. It was recommended to approve a resolution naming the authorized signers on the Anchor Bank accounts. E. Electronic Voting System Plan. It was recommended to adopt the City of Eagan?s Municipal Electronic Voting System Plan authorizing the use of the AutoMARK Voter Assist Terminal. F. Donation. It was recommended to accept a 1965 replica Eagan Police Squad Car from the Eagan Citizens Crime Prevention Association (value $6,500). G. Kennel License. It was recommended to approve a kennel license for Lesley Tscherne at 3812 Blackhawk Ridge Place. H. 2006-2007 Massage Therapy Establishment License Renewals. It was recommended to approve license renewals for Massage Therapy Establishments for 2006-2007. I. 2006-2007 Amusement Device License Renewals. It was recommended to approve 2006-2007 amusement device license renewals. 06-25 Eagan City Council Meeting Minutes June 20, 2006 Page 2 J. Eagan Foundation Application for Excluded Bingo. It was recommended to approve the application for excluded bingo for the Eagan Foundation to conduct bingo games on July 4, 2006 at the Eagan Community Center. K. Project 929. It was recommended to receive the Draft Feasibility Report for Project 929 (Red Pine Lane / Gun Club Road ? Street Improvements) and schedule a public hearing to be held on July 18, 2006. L. Release of Development Contract. It was recommended to approve release of a Development Contract between the City of Eagan and Opus Northwest, LLC for Lot 1, Block 1, Cedar Bluffs Business Center and authorize the Mayor and City Clerk to execute a new Agreement between the City and Opus Northwest, LLC concerning the warranty of the public improvements installed under the development agreement. M. Contract 06-07. It was receive the bids for Contract 06-07 (2006 City-Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc., for the Base Bid unit price up to $122,500 and authorize the Mayor and City Clerk to execute all related documents. N. Project 858. It was recommended to schedule a Public Hearing for Project 858 (Sibley Terminal Industrial Park ? Storm Sewer Improvement) to be held on July 18, 2006. O. Southeast Eagan Redevelopment Plan. It was recommended to approve the Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, a Resolution Establishing 06-26 Southeast Eagan Tax Increment Financing District No. 1 therein and a Resolution Adopting a Tax Increment Financing Plan for the District and authorize a request for certification of the district by Dakota County. P. Final Subdivision. It was recommended to approve a Final Subdivision (Yankee Square) to create three lots on approximately 4.99 acres located at 3460 and 3470 Washington Drive in the NE ¼ of Section 16. Q. Premise Permit Renewal. It was recommended to approve a premise permit renewal for Metro Baseball 06-27 League to conduct a pull-tab operation at Joe Sensers Grill and Bar, 3010 Eagandale Place. R. Award Contract. It was recommended to award a contract to Harris Contracting Company to install energy conservation measures at the Eagan Civic Arena. S. Right of Way Vacation. It was recommended to receive the petition to vacate a portion of a public right- of-way (Gun Club Road) adjacent to proposed Red Pine Crossing (Parcels 10-03600-021-79) and 10- 03600-022-79) and schedule a public hearing to be held on July 18, 2006. T. Contract 04-05. It was recommended to approve the final payment for Contract 04-05 (Well No. 20 ? Pumping Equipment) in the amount of $9,485.05 to Encomm Midwest, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. U. Donation. It was recommended to approve the acceptance of a $1200 donation from the Eagan Lioness for the purchase and installation of park bench in Central Park. V. Community Technology Advisors. It was recommended to approve hiring Community Technology Advisors to assist with telecommunications infrastructure language in the Comprehensive Plan Update and to outline possibilities to incorporate the same for City ordinances and subdivision regulations for an amount not to exceed $7,000. W. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record nd the final plat for Oakview Center 2 Addition, located south of Lone Oak Road and north of Highway 55 in the NW ¼ of Section 12. X. Award Bid. It was recommended to award the bid for a diesel exhaust removal system for the five fire stations. Y. Extension for Recording Final Plat. It was recommended to approve an extension to July 10, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE ¼ of Section 4. Z. Tree Contractor License. It was recommended to approve the application for Immediate Response, LLC, th 8850 540 Street, Rush City, MN for a Tree Maintenance Contractor License. PUBLIC HEARINGS None OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. Eagan City Council Meeting Minutes June 20, 2006 Page 3 City Administrator Hedges noted that Paster Enterprises has requested that consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area ? Office/Service, to Special Area ? Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE ¼ of Section 9 be continued to the February 6, 2007 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area ? Office/Service, to Special Area ? Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE ¼ of Section 9. Aye: 5 Nay: 0 NEW BUSINESS CONDITIOINAL USE PERMIT ? SHAW INDUSTRIES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow outdoor storage of metal bar joists, decking materials, baggage carts, airline tow bars and baggage cart tires not to exceed six (6?) feet in height for property located at 1904 Shawnee Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of metal bar joists, decking materials, baggage carts, airline tow bars and baggage cart tires not to exceed six (6?) feet in height for property located at 1904 Shawnee Road on Lot 4, Block 2, Cedar Industrial Park in the SW ¼ of Section17, 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, and proof of recording submitted to the City. 2. All existing temporary signs shall be removed from the site and the site shall remain in compliance with City Code requirements. 3. The applicant shall submit a Landscape Plan or revised Site Plan indicating evergreen plantings or privacy fencing to be installed to screen the storage from public rights-of-way. 4. The outdoor storage shall not exceed 6? in height. 5. The Fire Marshal shall approve the layout of storage to ensure adequate circulation through the storage area. PRELIMINARY SUBDIVISION (HERITAGE OF HIGHVIEW) ? GLORIA FRITZ City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Heritage of Highview) to create four single-family lots upon 1.7 acres on property located at 1420 Highview Drive. City Planner Ridley gave a staff report. It was noted that the Advisory Planning Commission recommended denial of the proposed subdivision; however, the proposal is consistent with the Guide Plan designation and all zoning/subdivision requirements. Gloria Fritz discussed the proposed subdivision. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Heritage of Highview) to create four single-family lots upon 1.7 acres on property located at 1420 Highview Drive, in the SE ¼ of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C1-3, D1, E1. 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA. Eagan City Council Meeting Minutes June 20, 2006 Page 4 4. All existing sanitary sewer and water services shall be abandoned in accordance with City Public Works standards as part of this development. 5. The trail connection between Lots 2 and 3 shall be constructed by the developer prior to issuance of building permits for the proposed houses on those lots. 6. The developer shall dedicate a public trail easement, in a form acceptable to the City Attorney, (minimum of 15 feet in width) to cover the proposed trail between Lots 2 and 3. 7. Water Quality requirements shall be via a cash dedication. 8. The developer shall submit a revised Tree Preservation Plan with the Final Subdivision application that illustrates the placement of Tree Protection measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 9. The developer shall also contact the Forestry Division to set up a pre-construction site inspection at least five days prior to grading to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 10. The developer is subject to a cash park and trail dedication for two lots based on past park dedication payments. 11. The developer?s trail dedication shall be credited to the cost of constructing the trail connection to Highview Park. Construction costs not covered by trail dedication should be credited to the two lot park dedication. ADMINISTRATIVE AGENDA It was noted that the Economic Development Authority would be asked to hold an executive session to discuss negotiations for the possible acquisitions of the Cedar Grove Shell Station. Public Works Director Colbert discussed a request for a variance to the County?s access spacing guidelines for the proposed Gopher Commons Addition. Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize City Staff to submit a request for a Variance to the County?s access spacing guidelines for the proposed Gopher Commons Addition. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 7:00 p.m. Aye: 5 Nay: 0 _______________________________ ___________________________________ 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.