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03/03/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 3, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers Fields, Carlson, Tilley and Bakken. Mayor Maguire was absent. Councilmember Carlson served as Acting Mayor. Mike Wold and Brenda Rivera discussed a program to support returning military personnel from Iraq and Afghanistan and asked for City involvement. It was noted that staff has been involved in preparations for assistance to returning military personnel and their families. A regular meeting of the Eagan City Council was held on Monday, March 3, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Carlson, Fields, Bakken and Tilley. Mayor Maguire was absent. Councilmember Carlson served as Acting Mayor. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a Closed Session would be held following the regular meeting to discuss mediation in regard to Carriage Hills, and possible land acquisition in Cedar Grove. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA City Administrator Hedges noted that in regard to item S, approval of the requested premise permit by the Burnsville Hockey Club would result in more than one permit for charitable gambling in the LaFonda de Los Lobos. Council members were in agreement to approve the premise permit for the Burnsville Hockey Club and directed staff to place the topic of numerous premise permits at one location on a future workshop agenda. Councilmember Tilley moved, Councilmember Bakken 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 February 19, 2008 regular City Council meeting, and the February 23, 2008 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation letter from Nicole Cook, Police Officer 2. It was recommended to ratify the Clerical Teamsters Bargaining Unit Contract for 2008, 2009 and 2010. 3. It was recommended to ratify the Maintenance Teamsters Bargaining Unit Contract for 2008, 2009 and 2010. 4. It was recommended to recognize William Boyd as the recently named Water Production Maintenance Worker. (Approval given at the February 4, 2008 City Council meeting. C. Check Registers. It was recommended to ratify the check registers dated February 22 and February 28, 2008 as presented. D. Resolution - Transit Provider. It was recommended to approve a resolution supporting the Minnesota 08-07 Valley Transit Authority as the preferred transit provider south of the Minnesota River. E. Contract. It was recommended to approve a contract for replacement of audio visual equipment at the Fire Administration Building. F. Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. Eagan City Council Meeting Minutes March 3, 2008 Page 2 G. Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Sambol Restaurant located at 1260 Town Centre Drive. H. On-Sale Liquor and Sunday License. It was recommended to approve the on-sale liquor and Sunday license for Bonfire Restaurant Company, LLC dba Axel's Bonfire, 1555 Cliff Road. 1. Final Plat. It was recommended to approve a Final Plat (CCBC Addition) to consolidate three lots into one lot on approximately 47.43 acres located at 2750 Eagandale Boulevard and 2737 West Service Road, int eh NE 1/4 of Section 3. J. Final Plat. It was recommended to approve a Final Plat (Atlas 2"d Addition) to create one lot on approximately 11.44 acres located in the S '/2 of Section 2. K. Final Subdivision. It was recommended to create two single-family lots upon 2.38 acres located at 543 Red Pine Lane in the NE 1/4 of Section 36. L. Easement Vacation, Final Subdivision, Final Planned Development. It was recommended to approve a vacation of easements within the Waters Annex subdivision (Lot 1, Block 1, and Outlots A, B and C) in the SW 1/4 of Section 1; a Final Subdivision, Waters Annex2nd Addition, to create three lots and one outlot upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway in the SW 1/4 of Section 1; a final planned development for Lot 2, Block 1, Waters Annex, located east of Lone Oak Drive and Lone Oak Parkway, in the SW 1/4 of Section 1; and a final planned development for Lot 3, Block 1, Waters Annex, located east of Lone Oak Drive and Lone Oak Parkway, in the SW 1/4 of Section 1. M. Abandonment and Termination of CUP. It was recommended to adopt the Findings of Fact and 08-08 Resolution declaring abandonment and termination of the Conditional Use Permit for Outdoor storage of landscaping materials and concrete bins on Lot 9, Block 1, Letendre Addition No. 3. N. Contract 08-02. It was recommended to authorize the preparation of plans and specifications by Bolton & Menk, Inc. for Contract 08-02 (Lone Oak Lift Station - Sanitary Sewer). 0. Contract 08-03. It was recommended to approve the plans and specifications for Contract 08-03 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, April 8, 2008. P. Contract 08-07. It was recommended to authorize the preparation of plans and specifications by SEH, Inc. for Contract 08-07 (Lexington and Safari Water Reservoirs - Repainting). Q. Easement Vacation. It was recommended to approve the vacation of public drainage and utility easements on Lots 2 and 3, Block 1, Oak Hills Church 2"d Addition. R. Tree Maintenance Contractor. It was recommended to approve a Tree Maintenance Contractor License for Precision Landscape and Tree, Inc. S. Premise Permit. It was recommended to approve a Premise Permit for the Burnsville Hockey Club to 08-10 conduct a charitable gambling operation at LaFonda de Los Lobos, 3665 Sibley Memorial Highway. PUBLIC HEARINGS PROJECT 967, WESCOTT ROAD STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Wescott Road. Assistant City Engineer Gorder gave a staff report. Acting Mayor Carlson opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 967, Wescott Road Street Improvements). Aye: 4 Nay: 0 OLD BUSINESS VARIANCE - DAVID MARSH (1374 BERRY RIDGE ROAD) Eagan City Council Meeting Minutes March 3, 2008 Page 3 City Administrator Hedges introduced this item regarding a request for a variance of 7.3 feet to the required 30- foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge Road. City Planner Ridley explained that in January the Council approved a front yard setback variance of 5 feet to allow construction of an addition to the house. When a new survey was prepared the actual setback of the proposed addition is 22.7 feet rather than the anticipated 25 feet which results in a variance of 7.3 feet rather than the five feet that was approved in January. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance of 7.3 feet to the required 30-foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge Road in the SW 1/4 of Section 22 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The addition shall comply with all other applicable Zoning Ordinance provisions. 3. A building permit must be obtained prior to construction. 4. The exterior materials of the proposed addition shall match the existing structure. NEW BUSINESS CONDITIONAL USE PERMIT - CHASE REAL ESTATE HOLDINGS LLC City Administrator Hedges introduced this item regarding a conditional use permit for outside storage of semi- trailers and business materials on property located at 2725 Highway 55. City Planner Ridley gave a staff report. David Chase, applicant, requested the company be allowed to continue leasing space for trailer storage as they have in the past 20 years. Councilmembers held a discussion and agreed to modify condition number four in regard to leasing space for outdoor storage. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit for outside storage of semi trailers and business materials on property located at 2725 Highway 55 subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit 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 he storage of the items, quantities and locations set forth on the Site Plan received January 16, 2008 and the narrative received January 30, 2008. 4. Outdoor storage shall be limited to items that are affiliated to the business conducted by the owner and/or lawful tenants that occupy at least 1% of the principal building. 5. The applicant shall provide details to City staff to screen the outdoor storage areas from public right-of- way. 6. The applicant shall provide adequate screening from the public right-of-ways with a 100% opaque fence or landscape screening no later than September 30, 2008. 7. The applicant shall provide a Landscape Plan for the yards adjacent to Highway 55 and Lexington Avenue per current City Code requirements and the landscaping shall be installed no later than September 30, 2008. 8. The rooftop mechanical equipment must meet screening requirements per City Code no later than September 30, 2008. 9. The applicant shall enclose the trash and recycling containers in an enclosure that meets City Code requirements no later than September 30, 2008. Eagan City Council Meeting Minutes March 3, 2008 Page 4 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE RESOLUTION FOR PARTICIPATION IN COUNTY WIDE GREENING INITIATIVE City Administrator Hedges discussed the proposed resolution that supports the joining together of Dakota County cities with the County to host the High Performance Partnership Sustainability Summit: Going Green Together. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of a resolution that approves the City of Eagan's participation in the County-wide Greening Initiative. Aye: 5 Nay: 0 The regular Council meeting recessed at 7:00 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meting reconvened at 7:10 p.m. ADMINISTRATIVE AGENDA There were no items for discussion. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the regular meeting at 7:10 p.m. Administrative Secretary / Deputy City Clerk Date 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.