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09/18/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 18, 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, Tilley, Carlson and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on September 18, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Tilley, Fields 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 Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Carlson moved, Councilmember Bakken 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 September 4, 2007 regular City Council meeting as presented. B. Personnel Items. 1. Accepted letter of resignation from Erin Schauer, GIS Technician 2. Approved hiring of a CSO/Animal Control Officer contingent upon successful completion of physical, drug and psychological testing 3. Acknowledged hiring of Jake Nicklay as an Accountant/UB Specialist which was approved at the September 4, 2007 Council meeting 4. Accepted letter of resignation from Mike Chell, Water Production Supervisor/Treatment Plant Operator. C. Check Registers. It was recommended to ratify the check registers dated September 6, 2007 as presented. D. Liquor License. It was recommended to approve the on-sale liquor and Sunday license for ERJ Dining IV, LLC dba Chili?s Grill & Bar, 3625 Pilot Knob Road. E. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-07 to 7-1-08. F. Extension of Conditional Use Permit. It was recommended to approve a one year extension of a Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the NW ¼ of Section 2. G. Extension for Recording Final Plat and Conditional Use Permit. It was recommended to approve a 30 day extension for recording a Final Plat and Conditional Use Permit for Rick Skinn Addition to create one lot on approximately .70 acres located at 4890 Biscayne Avenue in the SE ¼ of Section 36. H. Tobacco License. It was recommended to approve a Tobacco License for Ibrahim Aqel, dba Eagan Cigars & Tobacco Store at 3450 Pilot Knob Road. I. Contract 07-05. It was recommended to receive the bids for Contract 07-05 (2007 Re-roof South Treatment Plant and Fire Station #5), award a contract to John Dalsin & Sons for Base Bid in the amount of $145,209 and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes September 18, 2007 Page 2 J. Contract 07-07. It was recommended to approve the plans and specifications for Contract 07-07 (South Dodd Road Utility and Lift Station Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, October 11, 2007. K. Ames Crossing Road No Parking. It was recommended to approve a resolution to prohibit parking on 07-38 Ames Crossing Road between Lone Oak Road and O?Neil Drive and authorize the Mayor and City Clerk to execute all related documents. L. Contract 06-01. It was recommended to approve Supplemental Agreement Number 4 for Contract 06-01, TH 149 Reconstruction. M. Grant Application. It was recommended to approve a Minnesota Pollution Control Agency (MPCA) 07-39 Application for a Conservation Design/Low Impact Development (LID) Grant regarding revisions to the City of Eagan City Code and construction specifications. N. Municipal Separate Storm Sewer System Permit Review. It was recommended to accept the Non- 07-40 Degradation Review of Eagan?s MS4 Permit and Adopt a Record of Decision for Submittal to the Minnesota Pollution Control Agency (MPCA by October 1, 2007. O. Wetland Delineation. It was recommended to receive the Wetland Delineation Report for Long Acres Outlet/Lebanon Hills Regional Park and Affirm its approval. P. Contract 06-08. It was recommended to approve Change Order No.1 to Contract 06-08 (North Ridge Drive Storm Drainage Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Project 918. It was recommended to receive the Final Assessment Roll for Project 918 (Pilto Knob Road / Lone Oak Road ? Street Upgrade & Intersection Reconfiguration) and schedule a public hearing to be held on October 16, 2007. R. Project 944. It was recommended to receive the Final Assessment Roll and Project 944 (Killdeer Addition / Joyce Court ? Street Overlay) and schedule a public hearing to be held on October 16, 2007. S. Project 945. IT was recommended to receive the Final Assessment Roll for Project 945 (Sheffield Addition / Sudberry Lane ? Street Overlay) and schedule a public hearing to be held on October 16, 2007. T. Lease Agreement ? It was recommended to approve a lease with T-Mobile for ground space in O?Leary Park to accommodate cellular equipment control cabinets and authorize the Mayor and Clerk to sign said document. U. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record the final plat for Red pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE ¼ of Section 36. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT ? POTBELLY SANDWICH WORKS City Administrator Hedges introduced this item regarding a Planned Development Amendment to add outdoor seating at 1298 Promenade Place. He noted that this item was briefly discussed, then tabled by the City Council on September 4, 2007 because a Potbelly representative was not present. City Planner Ridley gave a staff report, noting changes to the proposal by the applicant. The applicant was present to answer questions of the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to add outdoor seating at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SE ¼ of Section 10 subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder?s Office prior to issuance of a building permit. Eagan City Council Meeting Minutes September 18, 2007 Page 3 2. The outdoor seating shall conform to the Seating Plan received July 17, 2007, and the perimeter fencing shall be approved by the Eagan Building Inspection Division prior to installation. 3. The south drive aisle shall be signed ?No Parking ? Fire Lane?. Eagan City Council Meeting Minutes September 18, 2007 Page 4 NEW BUSINESS INTERIM USE PERMIT ? BUILDING MATERIALS OUTLET City Administrator Hedges introduced this item regarding an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2 acres site located at 2795 Highway 55. City Planner Ridley gave a staff report. The applicant was present to answer questions. Councilmembers held a discussion. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2 acre site located at 2795 Highway 55 in the west ½ of Section 2, subject to the following conditions: Aye: 5 Nay: 0 1. The permit shall expire upon expiration of the applicant?s lease or June 30, 2010, whichever occurs first. 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 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. Retail sales are prohibited. 5. The applicant shall provide a revised Site Plan showing the following: a. Delineate the storage areas; b. Identify emergency vehicle access and driving lanes (20? minimum around south and west sides, 24? drive aisle along east side through the materials storage area); c. Identify required yard setbacks (5? on the side, 5? to the rear); d. Show where and how additional green space will be established. 6. All outside storage shall be contained within the subject parcel, and limited to the areas specified on the approved Site Plan. 7. The outside storage of trailers and building materials is limited to the number and located as shown on the approved Site Plan. 8. All trailers, including the trailer currently stored at the northeast corner of the building with business name and hours, shall be located within the designated trailer storage area shown on the approved Site Plan. A maximum of 13 trailers may be stored within this area. 9. Required setbacks shall be delineated and outdoor storage items shall be moved back from property lines to establish setbacks and yard areas as required by City Code. 10. The trash storage shall be relocated to the west side of the building such that is screened by the existing buildings from the north east and south. 11. The storage area, both for trailers and building materials, shall be screened from views form Hwy. 55 to the north and east. The applicant shall submit a Screening Plan showing the location and details of the fence and any proposed landscaping. 12. The applicant shall obtain a building permit for the 8? fence and complete required inspections within 60 days of issuance of this permit. 13. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City?s land disturbance and erosion control regulations. 14. The existing surfacing of the outdoor storage areas shall remain. 15. All parking and storage areas shall be properly maintained to prevent deterioration. 16. No hazardous materials shall be stored on the property. 17. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by October 31, 2007. 18. All signs shall be brought into compliance within 60 days following approval. Eagan City Council Meeting Minutes September 18, 2007 Page 5 19. The applicant shall increase the height of the fire hydrant on the east side of the building, with the work to be completed by October 31, 2007. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA Community Development Director Hohenstein discussed a question which was raised following the City Council workshop discussion of dynamic signs regarding the possibility of offering two options for a billboard company to consider in order to apply to install a dynamic sign. Councilmember Tilley moved, Councilmember Bakken seconded a motion to direct staff to provide a one for one sign face reduction as an option to the incentive/public benefit section of the dynamic sign overlay ordinance draft. Aye: 5 Nay: 0 City Administrator Hedges noted that a Closed Session would be held regarding the Cedar Grove Shell Station. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:10 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.