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01/06/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 6, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Bakken and Hansen. Councilmember Tilley was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, January 6, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken and Hansen. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Oath of Office was administered to Councilmember Cyndee Fields who was re-elected for a four year term. CONSENT AGENDA City Administrator Hedges noted that item J would be removed from the Consent Agenda. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the December 16, 2008 regular City Council meeting and the December 9, 2008 City Council Retreat as presented. B. Personnel Items - There were no items. C. It was recommended to ratify the check registers dated December 11, December 18, and December 23, 2008 as presented. D. It was recommended to approve the renewal of 3.2 Off-Sale Malt Liquor (Beer) License for Oasis Market #518 for 2009. E. It was recommended to approve the renewal of Tobacco Licenses for Cub Foods, 1020 Diffley Road; Oasis Market #5685, 2000 Rahncliff Court; Oasis Market #518, 3390 Coachman Road; Oasis Market #594, 1286 Lone Oak Road. F. It was recommended to approve a one-year extension of the Conditional Use Permit and Variance approvals for Spectrum Business Park, located west of 1-35E on Taconite Trail in the SE'/ of Section 20 and SW'/ of Section 21. G. It was recommended to accept four used laptop computers from Target Corporation through the MN Chief of Police Association with a value of approximately $1,200. H. It was recommended to declare the City's intent, through a participation / reimbursement agreement with the Dakota Communications Center (DCC), to equip emergency vehicles with Automatic Vehicle Location (AVL) technology. 1. It was recommended to authorize application of a grant from the National Recreation and Parks Association (NRPA) for an ACHIEVE Grant. J. Item removed. K. It was recommended to adopt Findings of Fact, Conclusion and Resolution to Revoke 09-1 Massage Therapist Licenses for both Li Li and Shufang Wang. 09-2 City Council Minutes January 6, 2009 Page 2 L. It was recommended to approve the renewal of a Tree Maintenance Contractor License for Ciardelli Tree and Landscaping. M. It was recommended to approve the renewal of a Trash Hauler License for Waste Technology Inc. PUBLIC HEARINGS AMENDMENT TO 2009 FEE SCHEDULE City Administrator Hedges discussed this item regarding an amendment to the 2009 Fee Schedule in regard to Community Development - Planning Department fees. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and adopt a Resolution Approving an Amendment to the 2009 Fee Schedule Establishing Fees for o9-3 Various Community Development - Planning Department Fees. Aye: 4 Nay: 0 PROJECT 982, ST. FRANCIS WOODS 6TH ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for St. Francis Woods 6th Addition. Public Works Director Colbert discussed the City's comprehensive Pavement Management Program. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the Public Hearing and approve Project 982, St. Francis Woods 6th Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1006, KNOLL RIDGE DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Knoll Ridge Drive. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve Project 1006, Knoll Ridge Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 979, LEMAY LAKE HILLS / LUNKA ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the LeMay Lake Hills / Lunka Additions street improvements. Assistant City Engineer Gorder gave a staff report. Councilmembers held a discussion regarding the portion of Towerview Road east of Quarry Lane that was deleted by Council action at the request of the property owners serviced by the short dead-end extension. City Council Minutes January 6, 2009 Page 3 Mayor Maguire opened the public hearing. Two property owners on Towerview Road expressed their opposition to the street improvement on the portion of Towerview that is east of Quarry Lane. Concern was expressed regarding the amount of the potential assessment. There being no further public comment, Mayor Maguire turned discussion back to the Council. After further discussion, it was the consensus of the Council to delete the portion of Towerview Road east of Quarry Lane from the improvement project Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 979, LeMay Lake Hills / Lunka Additions (Street Improvements) without the alternate and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to designate east of Towerview as a minimum maintenance road to follow the precedent set with Wuthering Heights. Aye: 4 Nay: 0 PROJECT 978, EAGANDALE / LEMAY LAKE ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Eagandale / LeMay Lake Additions. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. The General Manager of Joe Senser's Restaurant asked about the traffic flow to their business during the improvement project. Assistant City Engineer Gorder discussed the process to keep access to businesses open during construction projects. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve Project 978, Eagandale / LeMay Lake Additions (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - HOLIDAY STATIONSTORES, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to add a dynamic message panel to the existing free-standing sign at 2066 Eagan Woods Drive. He noted that this item was continued from the December 16 City Council meeting. City Planner Ridley gave a staff report, reviewing the revised sign plan options submitted by the applicant. Dave Edquist, representing Holiday Stationstores, discussed the revised sign plan requesting that Council approve Option 1 as presented. Councilmembers held a discussion and it was the consensus that Option 2 would be most appropriate plan for the sign. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to add a dynamic message panel (Option 2) to the existing free-standing sign City Council Minutes January 6, 2009 Page 4 at 2066 Eagan Woods Drive, legally described as Lot 1, Block 1, Manley Commons 1st Addition in the NE of Section 4, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 60 days of City Council approval, and proof of recording shall be provided to the City. 2. A sign permit must be obtained prior to installing the dynamic message panel. The dynamic message panel shall not exceed 3'8" in height by 8'10" in width. 3. All other City Code requirements shall be met. Staff was directed to review the current dynamic sign ordinance with respect to electronic gas price signage. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT, ON-SALE LIQUOR AND SUNDAY LICENSE KYOTO SUSHI, INC., DBA KYOTO SUSHI City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1250 Town Centre Drive. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1250 Town Centre Drive, legally described as Lot 4, Block 1, Town Centre 100 Sixth Addition, subject to the following conditions: Aye: 4 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. Signage shall be subject to the City Sign Code requirements. 4. This agreement is intended to replace the December 2, 2002 Planned Development Amendment which allowed a dog day care and overnight boarding of pets (Document #1994648). Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the On-Sale Liquor and Sunday License for Kyoto Sushi, Inc., dba Kyoto Sushi located at 1250 Town Centre Drive. Aye: 4 Nay: 0 PRELIMINARY APPLICATION FOR CONSIDERATION OF HOUSING IMPROVEMENT DISTRICT FOR MEADOWLARK RIDGE HOMEOWNERS ASSOCIATION City Administrator Hedges introduced this item regarding an application from Meadowlark Ridge Homeowners Association for consideration of a Housing Improvement District for their property. Community Development Director Hohenstein gave a staff report. Councilmember Hansen moved, Councilmember Fields seconded a motion to receive an application from the Meadowlark Ridge Homeowners Association and direct City Staff to request a formal application for Housing Improvement District Consideration for their property. Aye: 4 Nay: 0 City Council Minutes January 6, 2009 Page 5 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an update on the State LGA and market value homestead credit un- allotment. He also provided an update on a meeting with the Metropolitan Airports Commission in regard to the Northwest Airlines and Delta merger. The Council recessed at 8:26 p.m. to immediately convene a meeting of the Economic Development Authority. The Council meeting reconvened at 8:31 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the draft Legislative Priorities and Positions document. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8: 35 p.m. Date Administrative Secretary / Deputy Clerk