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02/06/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 6, 2006 A listening session was held on February 6, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Ken Vicarra who lives at Aspen Woods Apartments suggested the Police Department purchase additional decoy vehicles to help catch thieves that are breaking into cars. Police Chief McDonald was directed by Council to check into getting an additional vehicle for decoy purposes donated to the City. A regular meeting of the Eagan City Council was held on February 6, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. 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 City Administrator Hedges noted that an Executive Session will be held following the regular meeting. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Dispatchers Dawn Anderson, Sandra Flategraff and Kathryn Hoffman were recognized for their years of service with the City. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 16, 2007 regular City Council meeting and the January 9, 2007 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Stephanie Schanus as a part-time Clerical Tech III in Community Development. 2. It was recommended to approve the transfer of 50% of the sick balance of the City?s former Dispatch Supervisor, to the Dakota Communications Center. C. Check Registers. It was recommended to ratify the check registers dated January 18, 2007, January 25, 2007 and February 1, 2007 as presented. D. Industrial Revenue Bonds. It was recommended to approve a Resolution to Refinance the 1997 City of Eagan (Master Mechanical) Industrial Development Revenue Bonds. E. Agreement. It was recommended to approve an agreement with Dakota County for Public Health Emergency Preparedness Grant. F. Project 778. It was recommended to approve Easement Agreements for Project 778 (TH 149 Upgrade ? Street Upgrade and Trail Improvements) with the owner of Parcels No. 10-45900-041-00 and 10-80201- 010-01 and authorize the Mayor and City Clerk to execute all related documents. G. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade ? Street Upgrade and Trail Improvements) with the owner of the Soo Line Railroad/Canadian Pacific Railway right-of-way and authorize the Mayor and City Clerk to execute all related documents. H. Contract 06-02. It was recommended to approve the final payment for Contract 06-02 (Citywide ? Street Overlays and Improvements) in the amount of $30,894.80 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Eagan City Council Meeting Minutes February 6, 2007 Page 2 I. Contract 06-03. It was recommended to approve the final payment for Contract 06-03 (Citywide ? Street Overlays) in the amount of $19,632.86 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. J. Contract 06-09. It was recommended to approve the final payment for Contract 06-09 (Nicols Road ? Sidewalk Improvements) in the amount of $106,450.99 to O?Malley Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. K. Project 938. It was recommended to receive the Final Assessment Roll for Project 938 (Nicols Road ? Sidewalk Improvements) and schedule a public hearing to be held on March 6, 2007. L. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility rd easements within Lots 1 and 2, Block 1, Terra Glenn 3 Addition and schedule a public hearing to be held on March 6, 2007. M. Extension of Preliminary Subdivision Approval. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Gustafson Addition, consisting of two lots on approximately 2.38 acres located south of Red Pine Lane in the SE ¼ of Section 36. N. Extension for recording of CUP. It was recommended to approve a 60-day extension to the recording of a Conditional Use Permit for outdoor storage, for property located at 4870 Biscayne Avenue in the SE ¼ of Section 36. O. Final Subdivision. It was recommended to approve a Final Subdivision (Madelyn Woods Addition) to create eight single-family lots upon 6.7 acres located south of Cliff Road and west of Lenore Lane in the NE ¼ of Section 32. P. Donation. It was recommended to approve a resolution accepting an anonymous donation of a Medtronic 07-05 LIFEPAK Automated External Defibrillator (AED). Q. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Allison Webster (Rejuv Skin and Laser Center), 1625 Lena Court #300. R. Contract with Dakota County. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work. Pulled for discussion S. . Award Bid. It was recommended to award a bid for construction of a new 75? Fire Ladder Truck to Pierce Manufacturing for a total cost of $527,196.80. (includes a trade-in value of APPROVED: Fields ? Bakken 5-0 $100,000 for current truck) T. Comprehensive Guide Plan Amendment. It was recommended to continue this request to the February 20, 2007 City Council meeting for 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. U. Agreement with Tree Trust. It was recommended to approve an agreement with Tree Trust to become a host site for a Community Support Program. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no items of Old Business. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT ? EAGAN STATION City Administrator Hedges introduced this item regarding a Planned Development Amendment to add a detached trash enclosure to the existing building at 3450 Pilot Knob Road (MVTA Eagan Station). City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to add a detached trash enclosure to the existing building at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Station, in the NW ¼ of Section 15, subject to the following conditions: Eagan City Council Meeting Minutes February 6, 2007 Page 3 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. The enclosure shall be located and constructed as shown on the Site/Details Plan sheet dated December 2, 2003. INTERIM USE PERMIT ? NORTHWOOD EQUITY City Administrator Hedges introduced this item regarding an Interim Use Permit to allow outdoor storage of 47 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outdoor storage of 47 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1, nd Block 1, Northwood Business Park 2 Addition in the SE ¼ of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim 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. Storage is permitted for four blood mobiles that are 40 feet in length, 10 cut-away vans, six mobile vans that are 24 feet in length and 23 vans for outdoor storage associated with this IUP. 3. Storage is also permitted for three buses that are 25 feet in length and one van for outdoor storage associated with this IUP. 4. The IUP shall terminate on July 31, 2012. 5. The outdoor storage shall occur in the designated storage areas as indicated on the Site Plan dated April 24, 2002 and received January 17, 2007. 6. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The IUP may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. INTERIM USE PERMIT ? RESOURCE ENVIRONMENTAL SERVICES (GOPHER RESOURCES) City Administrator Hedges introduced this item regarding an Interim Use Permit to operate a yard waste compost facility and landscape yard at 805 Yankee Doodle Road. City Planner Ridley gave a staff report. John Tapper, Gopher Resources, discussed the proposed compost facility and requested that the existing signs on the property be allowed to remain. Gino Pitera, Gertens, discussed the long term use of the site as a compost facility. Council discussion occurred relative to the non-conforming signage issue and it was determined that condition #8 should remain the same but the applicant was encouraged to submit an application for the Council to consider a Variance to the signage standards. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to operate a yard waste compost facility and landscape yard at 805 Yankee Doodle Road, located north of Yankee Doodle Road at Elrene Road in the SW ¼ of Section 12, subject to the following conditions: Aye: 5 Nay: 0 1. The permit shall expire June 1, 2017 (a ten year term). 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. Eagan City Council Meeting Minutes February 6, 2007 Page 4 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The site shall be improved and operated in accordance with the Planned Site Layout dated January 9, 2007. 5. Hours of operation shall be limited to: ? Monday ? Friday 7:00 a.m. ? 9:00 p.m. ? Saturday 7:00 a.m. ? 8:00 p.m. ? Sunday 8:00 a.m. ? 7:00 p.m. 6. The applicant shall confirm that the irrigation system required with the 2004 IUP approval has been installed and if not, irrigation should be installed with these new proposed site improvements. 7. The applicant shall submit a detailed grading and paving plan for review by City Engineering staff, and if necessary, obtain a grading permit if prior to commending any site improvements. 8. Existing signage appears to be non-conforming as to size and setbacks. One sign shall be removed and a sign permit shall obtained for the other sign with adjustments made to conform to City Code requirements. 9. Updated storm water quality information shall be submitted for review and approval by the City Water Resources Coordinator prior to commending any new site improvements. 10. Landscape center products are limited to those items shown on the approved Site Plan as follows: Bulk Landscape Products ? Boulders, bulk stone, timbers and miscellaneous supplies Bulk Bin Storage ? Composts, soils, wood mulches, landscape gravels Palletized Landscape Supplies ? Bagged mulches and gravel, paving brick, retaining wall block and natural stone 11. All operations on the site shall be maintained in a neat and orderly fashion and shall not emit any noxious odors that impact neighboring properties. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE RESOLUTION IN SUPPORT OF A 2007 STATE COMPREHENSIVE TRANSPORTATION FUNDING PACKAGE City Administrator Hedges discussed a resolution that the League of Minnesota Cities is encouraging communities to pass and send to the City?s legislative delegation and Governor, to make them aware of the City?s transportation needs, thus the need to pass a comprehensive transportation funding package in 2007. Public Works Director Colbert discussed the TINA study. Discussion was held and modifications to the proposed resolution were agreed upon. 07-06 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a resolution as amended in support of a 2007 State comprehensive transportation funding package. Aye: 5 Nay: 0 The regular Council meeting was recessed at 7:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:50 p.m. ADMINISTRATIVE AGENDA There were no Administrative Agenda items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes February 6, 2007 Page 5 The regular meeting recessed and an Executive Session convened to discuss the MAC Lawsuit Update, Diffley Ventures, Mellon Property, Cedar Grove Acqusition of the Kelly Plourde Property at 3935 Sibley Memorial Highway in the Cedar Grove Redevelopment District. Councilmember Carlson moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:00 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.