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07/10/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 10, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on July 10, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that Darcom Partnership. LLC has requested that consideration of their conditional use permit for outdoor storage be continued to the July 17, 2007 Council meeting. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS GOVERNOR?S FIT CITY DESIGNATION Glenn Wilson, member of the Governor?s Health Care Cabinet, made a presentation recognizing the City of Eagan for becoming a Governor?s Fit City. th Mayor Maguire thanked the Eagan Lions Club, the Eagan Fun Fest Committee and City staff, for a successful 4 of July celebration. CONSENT AGENDA Councilmember Fields 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 June 12, 2007 Special City Council meeting and the June 19, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Darrin Bramwell as a Fire Inspector. C. Check Registers. It was recommended to ratify the check registers dated June 21, 2007, June 28, 2007 and July 5, 2007 as presented. D. Premises Permit. It was recommended to adopt a resolution approving a premises permit application for 07-31 the `Eagan Hockey Association to conduct a lawful gambling operation at Cooper?s Restaurant, 4185 South Robert Trail. E. Massage Therapy Establishment License Renewals. It was recommended to approve 2007-2008 Massage Therapy Establishment License renewals for Cole?s Salons, 2131 Cliff Road and 3450 Pilot Knob Road; All about you Salon, 525 Diffley Road; Neuromuscular Connection, 4580 Scott Trail; and Lifetime Fitness, 1565 Thomas Center Drive. F. Tobacco License. It was recommended to approve a Tobacco License for Maliha Aloul, (Eagan Smoke Shop, Inc.), 3450 Pilot Knob Road. G. Grant Amendment. It was recommended to approve a Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs. H. Final Plat. It was recommended to approve a Final Plat (Rick Skinn Addition) to create one lot on approximately .70 acres located at 4890 Biscayne Avenue in the SE ¼ of Section 36. I. Removed. Eagan City Council Meeting Minutes July 10, 2007 Page 2 J. Easement Vacation. It was recommended to receive the petition to vacate all public drainage and utility easements over existing water lines within Lot 2, Block 1, Unisys Park Addition, and schedule a public hearing to be held on August 7, 2007. K. Antennae Lease Amendment. It was recommended to approve an amendment to the Cingular Antennae Lease Agreement for the Safari Reservoir and authorize the Mayor and City Clerk to execute all remaining documents. L. Contract 06-01. It was recommended to approve Change Order No. 1 for Contract 06-01, TH 149 Reconstruction. M. Contract 07-03. It was recommended to approve the Final Payment for Contract 07-03, Citywide Sealcoat, in the amount of $402,447.38 to Pearson Brothers, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. N. Donation. It was recommended to accept a donation of used exercise equipment from the Lifetime Fitness Foundation valued at approximately $1800. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS CONDITIONAL USE PERMIT ? DARCOM PARTNERSHIP LLC Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of a Conditional Use Permit for Darcom Partnership LLC to the July 17, 2007 Council meeting. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT DART OFF-SITE OUTDOOR STORAGE City Administrator Hedges introduced this item regarding a conditional use permit for off-site off street parking and outdoor storage of trailers for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition. City Planner Ridley gave a staff report. Dan Oren, DART Transit, discussed the proposed outdoor storage. Council discussion occurred relative to the use of the site should it remain a free-standing parcel and be sold at some point in the future. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for off-site off-street parking and outdoor storage of trailers for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW ¼ of Section 12 subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit supersedes all prior CUP?s in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The storage area shall be maintained in an orderly fashion. 3. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan dated May 31, 2007. 4. The applicant shall provide a revised Landscape Plan per current City Code requirements. Eagan City Council Meeting Minutes July 10, 2007 Page 3 5. The applicant shall investigate with City staff regarding the incorporation of storm water management features (i.e. temporary parking lot ponding, low impact development) on the site to reduce the rate of runoff from the site to Pond EP-4. 6. The applicant shall obtain a grading permit from the City for the proposed parking lot work on this site. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the possibility of an informal work session/retreat to be held for the purpose of Council discussion regarding progress made on 2007-2008 goals. Council concurred that a work session/retreat would be scheduled for mid-September. TH 149, Relocation Reimbursement Agreement. Public Works Director Colbert discussed a reimbursement agreement regarding TH 149 reconstruction. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a reimbursement agreement for Contract 06-01 (TH 149 Reconstruction) with MCI/Verizon Business and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Contract 06-08, North Ridge Drive Storm Sewer. Public Works Director Colbert provided information regarding the required acquisition of additional temporary construction easements from non impacted neighbors for installation of additional storm sewer on North Ridge Drive, and the objection of those property owners. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 8:30 p.m. into an Executive Session to discuss pending litigation regarding MAC, Carriage Hills, and Diffley Marketplace. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:00 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.