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04/04/2007 - City Council Regular MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 4, 2007 A special meeting of the Eagan City Council was held on April 4, 2007 at 8:00 p.m., due the cancellation of the regular meeting on April 5, 2007, at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Engineer Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Director of Administrative Services, Gene VanOverbeke. Councilmember Carlson arrived at 8:16 p.m. A moment of silence was observed for Lance Corporeal Daniel Olsen, an Eagan resident, who was killed in Iraq this past weekend. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA It was noted that items D and E would be continued. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 20, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Chris Grubb, Fire Inspector. 2. It was recommended to approve the hiring of Jessie Koehle as a full-time Water Resources Assistant/Technician. 3. It was recommended to approve the hiring of Barbara Kalstabakken as a part-time Clerical Tech III in Community Development. 4. It was recommended to approve the hiring of Pat DiIoia as Commander of Fire Prevention. 5. It was recommended to approve the hiring of Gordon Dentinger as a part-time seasonal equipment maintenance laborer. 6. Council was informed of a vacancy in the Streets Division. C. Check Registers. It was recommended to ratify the check registers dated March 22, 2007 and March 29, 2007 as presented. CONTINUED - D. Liquor License. It was recommended to approve the off-sale liquor license for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road. CONTINUED - E. Tobacco License. It was recommended to approve a Tobacco License for Brar Enterprises, dba Blackhawk Liquor, 4130 Blackhawk Road. F. Set Public Hearing. It was recommended to set a public hearing for May 1, 2007 to consider the final 07-15A assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. G. Set Public Hearing. It was recommended to set a public hearing for May 1, 2007 to consider the final 07-15B assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. Eagan City Council Meeting Minutes April 4, 2007 Page 2 H. Set Public Hearing. It was recommended to set a public hearing for May 1, 2007 to consider the final 07-15C assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. I. Issuance and Sale of Bonds. It was recommended to authorize a resolution ratifying the proposed issuance 07-16 and sale of Dakota Communications Center public safety revenue bonds, providing for allocated share of the payment thereof. J. Changes to 2007 Fees and Charges. It was recommended to approve additions to the 2007 Fees and Charges that would allow for the rental of newly installed audio visual equipment and the addition of weekly rates for existing equipment. K. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for the rd Prime Security Bank development located on Lot 1, Block 1 Safari at Eagan 3 Addition. L. Contract 07-01. It was recommended to award Contract 07-01 (Citywide Street & Trail Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $1,468,438 and authorize the Mayor and City Clerk to execute all related documents. M. Project 905R. It was recommended to receive the draft feasibility report for Project 905 R ? Revised (Long Acres/Lebanon Hills Regional Park ? Storm Drainage Improvements) and schedule a public hearing to be held on May 1, 2007. N. Project 04-EE. It was recommended to acknowledge the completion of improvements for City Project No. 04-EE (Sycamore Place) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. O. Project 905R. It was recommended to authorize the preparation of a Joint Powers Agreement with Dakota County and Rosemount for Project 905R (Lebanon Hills Drainage Improvements) P. Contract 07-03, 2007. It was recommended to approve the plans and specifications for Contract 07-03 (Citywide Sealcoat) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, May 8, 2007. Q. Project 922. It was recommended to approve the Final Assessment Roll for Project 922 (Lone Oak Drive ? Trail Improvements) and Project 937 (Lone Oak Parkway ? Trail Improvements) and authorize certification to Dakota County for collection. R. Ordinance Amendment. It was recommended to approve an amendment to Chapter 11 as it affects window signage and direct the City Attorney to publish the ordinance in the legal newspaper. S. Schedule Meeting. It was recommended to schedule Special City Council meetings for April 24, 2007 and April 26, 2007 (if necessary) to conduct Advisory Commission interviews. T. Extension for Recording Plat. It was recommended to approve a 120-day extension of time to record the Final Subdivision for Lo Nidy located at the southwest intersection of Yankee Doodle Road and Highway 149 in the NW ¼ of Section 13. U. Cancel Meeting. It was recommended to cancel the regular City Council meeting scheduled for April 5, 2007. V. Agreement. It was recommended to approve an agreement with St. Croix Harley Davidson, Inc. for the purpose of loaning Harley-Davidson Motorcycles. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS CONTRACT 06-01, TH 149 RECONSTRUCTION AND UPGRADE (TH 55 ? ALBANO TRAIL) City Administrator Hedges noted that this item will be continued to the April 17, 2007 City Council meeting. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of the bids for Contract 06-01 (TH 149 Upgrade) until the April 17, 2007 City Council meeting. Aye: 4 Nay: 0 NEW BUSINESS Eagan City Council Meeting Minutes April 4, 2007 Page 3 PLANNED DEVELOPMENT AMENDMENTS ? SAM?S CLUB City Administrator Hedges introduced this item regarding Planned Development Amendments to allow a temporary greenhouse for outdoor seasonal sales and an extension of hours for the motor fuel facility on property located at 3035 Denmark Drive. City Planner Ridley gave a staff report. Councilmember Fields expressed concern over the location of the greenhouse in regard to traffic movement. Due to the absence of the applicant, it was the consensus of the Council to continue the item to a future date. Councilmember Fields moved, Mayor Maguire seconded a motion to continue consideration of a Planned Development Amendment to allow a temporary greenhouse for outdoor seasonal sales and modification of the gas station hours on property located at 2035 Denmark Drive, to the April 17, 2007 City Council meeting. Aye: 5 Nay: 0 REZONING ? CITY OF EAGAN City of Administrator Hedges introduced this item regarding a rezoning of 2.3 acres from Transitional to R-2 Residential Double on property located at 3206 Sibley Memorial Highway. He noted that this item has been before the Council previously and then directed by the Advisory Planning Commission to consider a lower density. City Planner Ridley gave a staff report. He noted that a letter from Ron Miller stating agreement with the proposed R-2 zoning was received. Loren Gross, representing the owners of the property, provided some background information and stated the owners prefer the R-3 zoning. Barbara Miller discussed the benefit of the R-2 zoning. Council held a discussion regarding investment backed expectations and the fact that property owners could come back with a planned development request. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of 2.3 acres from Transitional t R-2 Residential Double for Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway (Highway 13) in the SW ¼ of Section 9. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT MILLER ARCHITECTS & BUILDERS, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to change the approved use from restaurant / theater to commercial bank, and a Final Planned Development for a 3, 396 square foot commercial bank building upon 2.64 acres at 1595 Thomas Center Drive. City Planner Ridley gave a staff report. The applicant was available for questions. Councilmembers briefly discussed a drainage and utility easement that will be retained by the City. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the approved use from restaurant / theater to commercial bank, upon approximately 2.64 rd acres located on 1595 Thomas Center Drive, legally described as Lot 1, Block 1, Safari at Eagan 3 Addition, in the SW ¼ of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder?s Office prior to issuance of a building permit. The following plans are required for the Final Planned Development. ? Final Site Plan Eagan City Council Meeting Minutes April 4, 2007 Page 4 ? Final Landscape Plan ? Final Building Elevations ? Final Signage Plan ? Final Site Lighting Plan 2. The trash enclosure shall be attached to the building. 3. Building materials shall meet current code standards, including percentages of materials used. 4. Light standards shall not exceed 18 foot pole heights. 5. There shall be no security lights on the buildings. 6. Signage shall comply with City Sign Code requirements, provided that the pylon sign shall be located as shown on the site plan dated March 7, 2007. 7. A revised Landscape Plan shall be submitted to match the plan schedule with plantings shown on the plan. 8. The existing 1 ½? copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be abandoned in accordance with City standards. 9. The development shall be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to final plat approval. 10. The developer shall sign a waiver of objection to special assessment for City Project 946, prior to building permit. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for a 3, 396 square foot commercial bank building upon 2.64 acres (Lot 1, Block 1, Safari at Eagan rd 3 Addition), in the SW ¼ of Section 28. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE APPOINT REPRESENTATIVE TO THE ROBERT STREET CORRIDOR STEERING COMMITTEE City Administrator Hedges discussed a request by Dakota County to appoint a member of the City Council as a representative to the Robert Street Corridor Steering Committee which will participate in examining transit issues and opportunities in the Robert Street Corridor area. The City is also being asked to appoint an alternate member, who could be a Councilmember or a designee of the Council. Mayor Maguire moved, Councilmember Carlson seconded a motion to nominate Meg Tilley as a member of the Robert Street Corridor Steering Committee and a staff member to be assigned by the City Administrator. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 8:35 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:40 p.m. . ADMINISTRATIVE AGENDA Councilmember Fields moved, Mayor Maguire seconded a motion to appoint Meg Tilley as an alternate to the Cedar Corridor Committee. VISITORS TO BE HEARD Verlyn Scoop, President of Park Construction stated he would like to be considered in regard to the bid for the Trunk Highway 149 upgrade. Mayor Maguire noted that consideration of the Highway 149 upgrade item had been continued to the April 17, 2007 meeting. The meeting was adjourned at 8:55 p.m. _______________________________ ___________________________________ Eagan City Council Meeting Minutes April 4, 2007 Page 5 Date Director of Administrative Services 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.