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01/03/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 3, 2006 A Listening Session was held January 3, 2006 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmembers Tilley, Maguire and Fields were present. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on January 3, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmember Fields, Tilley, Maguire and Carlson. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS There were no recognitions or presentations. CONSENT AGENDA City Administrator Hedges noted that a request to continue item I, an easement vacation and the final plat for Halley's 2nd Addition, had been submitted by the applicant. 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 December 20,2005 regular City Council meeting and the December 12, 2005 special City Council meeting as presented. B. Personnel Items. I. It was recommended to approve the hiring of Michael Hemmingson, Cody Johnson, Chris Kantor, Ngoc Ly and Jennie Schorn as part-time seasonal winter recreation leaders. 2. It was recommended to approve the hiring of Randy Boyden, Mike Boyer and Keith Wallace as part-time seasonal broomballlboot hockey officials. 3. It was recommended to approve the hiring of Brian Schlichting as a part-time seasonal basketball scorekeeper. 4. It was recommended to approve the hiring of Andrea Eknes and Pam Bersie as part-time guest services representatives at the Community Center. 5. It was recommended to approve the revised Health Care Savings Plan policy. C. Check Registers. It was recommended to ratify the check registers dated December22, 2005 and December 29,2005 as presented. D. 2006 Fee Schedule. It was recommended to amend the 2006 Fee Schedule to include escrows for industrial revenue bond, multi-family housing bond, and tax increment bond issues. E. Travel Policy. It was recommended to approve the City of Eagan Elected Officials Out-of-State Travel Policy. F. Insurance Broker Services. It was recommended to accept a proposal from Arthur J. Gallagher & Co. for insurance broker services, subject to the execution of a signed agreement between the City of Eagan and Arthur J. Gallagher & Co. G. Easement Vacations. It was recommended to receive the petition to vacate public drainage and utility easements within Lot I, Block I Bicentennial 6th Addition and Lot I, Block 2 Bicentennial 7th Addition and schedule a public hearing to be held on February 7, 2006. H. Drainage and Utility Easement. It was recommended to accept a Drainage and Utility Easement within Lebanon Hills Regional Park from Dakota County and authorize the Mayor and City Clerk to execute all related documents. \. Final Plat and Easement Vacation. It was recommended to continue action on the vacation of easements and the Final Plat for Halley's 2nd Addition to the March 21,2006 City Council meeting. Eagan City Council Meeting Minutes January 3, 2006 Page 2 J. Homeland Security Grant. It was recommended to allow the Eagan Police Department to apply for the Commercial Equipment Direct Assistance Program - Phase II Grant. NEW BUSINESS CONDITIONAL USE PERMIT - WATER HEA TER INNOVATIONS City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outdoor storage of up to two storage silos for Water Heater innovations located at 3107 Sibley Memorial Highway. City Planner Ridley gave a staff report. A representative of Water Heather Innovations discussed the proposed locations for dumpsters and requested that one of the dumpsters be permitted without an enclosure. It was the consensus ofthe Council that all dumpsters be enclosed. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow outdoor storage of up to two storage silos for Water Heater Innovations located at 3107 Sibley Memorial Highway in the NW y.. of Section 9, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The silos shall be located as indicated on the Site Plan received November 14, 2005. 3. The silos shall be painted to match the building. 4. The dumpsters shall be enclosed or relocated inside the building. If an enclosure is constructed a building permit is required prior to construction. 5. The parking stalls in the public right-of-way shall be removed or a permit shall be obtained from MNDOT to be in the right-of-way. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of 125 pallets, 16 racks, 5 trailers and one dumpster for Water Heater innovations located at 3107 Sibley Memorial Highway in the NW y.. of Section 9, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The applicant shall submit a revised Site Pan that indicates the location and number of the pallets and truck trailers. 3. All outdoor storage should meet setback requirements. 4. Outdoor storage area shall not interfere with pedestrian or vehicular movement. 5. The dumpsters shall be enclosed or relocated inside the building. Ifan enclosure is constructed a building permit is required prior to construction. 6. The parking stalls in the public right-of-way shall be removed or a permit shall be obtained from MNDOT to be in the right-of-way. 7. A maximum of 125 pallets, 16 racks, up to 5 trailers and one dumpster shall be allowed in the locations shown on the revised Site Plan. PLANNED DEVELOPMENT AMENDMENT - INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a Planned Development Amendment (Grand Oak 5) to allow on-sale liquor for a Class I restaurant at 2864 Highway 55; and a request to allow off-sale liquor for the Fragneto's wine store at 2874 Highway 55. City Planner Ridley gave a staff report. Matt Miller representing Interstate Partners was present to answer any questions ofthe Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment (Grand Oak 5) to allow on-sale liquor for a Class I restaurant at 2864 Highway 55 in the SE y.. of Section 2 subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 3, 2006 Page 3 I. A Planned Development Agreement must be executed and recorded with the Dakota County recorder. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment (Grand Oak 5) to allow off-sale liquor for the Fragneto's wine store at 2874 Highways 55 in the SE ~ of Section 2 subject to the following conditions: Aye: 5 Nay: 0 I. A Planned Development Amendment Agreement must be executed and recorded with the Dakota County recorder. PRELIMINARY AND FINAL SUBDIVISION (EAGAN PLACE 2ND) SOLOMON REAL EST ATE GROUP City Administrator Hedges introduced this item regarding a Preliminary Subdivision and Final Subdivision of 9.24 acres to create three lots (Eagan Place 2nd) for property located at 1235 Town Centre Drive. City Planner Ridley gave a staff report. Anne Knuth of Solomon Real Estate was present to answer questions of the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision and Final Subdivision (Eagan Place) of 9.24 acres to create three lots (Eagan Place 2nd) for property legally 06-01 described as Lot I, Block I, Eagan Place located t 1235 Town Centre Drive; subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: AI, BI, 2, 3, 4, CI, 2, 3, Dl, E1. 2. The property shall be platted. 3. Development of Lots 2 and 3 require Final Planned Development and Site Plan approval. 4. All mechanical equipment shall be screened from the ground level view of adjacent properties and public streets. 5. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 6. All signage is subject to the Planned Development Amendment Agreement. 7. Building materials are subject to the Planned Development Amendment Agreement. 8. Uses for Lots 2 and 3 are limited to retail, restaurant. 9. The site shall be developed a indicated on the Site Plan. 10. The developer shall ensure that minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. 11. The developer is hereby notified that the complete closure of Yankee Place at Yankee Doodle Road may occur in conjunction with the Yankee Doodle Road improvement project by Dakota County scheduled in 2006. 12. If City Project 933 is approved, this owner shall sign a waiver of objection to the proposed special assessment for City Public Improvement Project 933, in a form acceptable to the City Attorney. 13. The developer shall provide evidence of private ingress/egress easements between the three lots, for review and approval by the City Attorney. WAIVER OF SUBDIVISION - PAUL O'CONNELL City Administrator Hedges introduced this item regarding a Waiver of Subdivision requirements to split a twin home lot located at 2243 and 2245 Mahogany Way. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Waiver of Subdivision requirements to split a twin home lot located at 2243 and 2245 Mahogany Way in the NE y.. of Section 31. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 3, 2006 Page 4 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to modify the uses allowed in Chapter II, Section 11.60, Subdivision 19 regarding uses allowed in the Park (P) Zoning District. City Planner Ridley gave a staff report. City Administrator Hedges stated that the City Council discussed this item at their September 12, 2005 workshop and directed the City Attorney to prepare an ordinance amendment based on that discussion. Four people spoke in opposition to the proposed amendment. One person questioned if City sewer and water connections would be required should residential development occur in a Park Zoning District. Staff indicated City services would be required. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to modify the uses allowed in Chapter II, Section 11.60, Subdivision 19, Park District and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE No update was provided. PRESENTATION - DAKOTA FUTURE ECONOMIC DEVELOPMENT PARTNERSHIP BILL COLEMAN Bill Coleman, Executive Director of the Dakota Future Economic Development Partnership, provided an overview of Dakota Future's recent past and expectations for 2006. ADMINISTRATIVE AGENDA City Administrator Hedges stated that a closed session would be held to discussed the John Cina litigation. VISITORS TO BE HEARD Peter Dumas questioned the Council in regard to the Carriage Hills litigation issue and the possibility of a bond referendum to purchase the Carriage Hills property. The City Attorney and City Administrator discussed the process necessary for a bond referendum, explaining that the City Council could not initiate such a referendum for the Carriage Hills property. Dan Nichols expressed concern regarding traffic should development occur on the Carriage Hills property. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:50 p.m. Aye: 5 Nay: 0 ~ti./; .5 :;O([}(; Date '1 ' 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.