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03/18/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 18, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, March 18, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Bakken, and Tilley. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session would be held for the purpose of discussing labor contract negotiations and the Wensmann/Rahn v. City of Eagan lawsuit. 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 City Administrator Hedges requested that a massage therapy establishment license application be added to the Consent Agenda as item O. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 3, 2008 regular City Council meeting and the March 4, 2008 City Council Retreat as presented. B. Personnel Items. (There were no items) C. Hiring Freeze. It was recommended to approve a hiring freeze for 2008 with certain exceptions. D. Check Registers. It was recommended to ratify the check registers dated February 28 and March 6, 2008 as presented. E. Special Meeting. It was recommended to schedule a Special City Council meeting on Tuesday, April 29, 2008 at 5:30 p.m. at Eagan City Hall. F. County Wide Greening Initiative. It was recommended to approve a resolution that approves the City of Egan's participation in the County-wide Greening Initiative. G. Liquor License. It was recommended to approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. H. Liquor License. It was recommended to approve the temporary on-sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 17, 2008. 1. Use Agreement. It was recommended to approve the 2008 Use Agreement with Blue Cross/Blue Shield (BCBS) that allows use of BCBS property for community soccer games and related activities and authorize the Mayor and City Clerk to sign the agreement. J. Contracting Procurement. It was recommended to adopt, as practice, the Best Value Contracting method for the procurement system of an annual maximum of 20% of the public improvement contracts for the City of Eagan. K. Contract 06-01. It was recommended to approve Work Order Number 45 for Contract 06-01, TH 149 Reconstruction. Eagan City Council Meeting Minutes March 18, 2008 Page 2 L. Final Plat. It was recommended to approve a Final Plat (Sjolseth Family Investments Addition) to consolidate two lots into one lot on approximately 1.02 acres located 3425 Washington Drive on Lots 1 & 2, Block 3, Bicentennial 3Rd Addition located in the NE '/4 of Section 16. M. Lease Agreement. It was recommended to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. N. Tree Contractor License. It was recommended to approve a Tree Contractor License for Oleson Tree, 13967 113"' Street, Little Falls, MN. 0. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Kelly Thompson and Jason Erickson - Keep in Touch of Eagan, 3424 Denmark Avenue. PUBLIC HEARINGS VARIANCE - BENJAMIN LAO City Administrator Hedges introduced this item regarding a request for two variances to allow for construction of a home addition and extension of the front entrance within the 30 foot setback requirements, and two variances to allow an existing shed within a front yard and within the 30 foot setback requirement, all on property located at 1420 Oster Drive. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve two Variances to allow for construction of a home addition and extension of ht front entrance within the 30 foot setback requirements on property legally described as Lot 9, Blockl, Oster Addition, located at 1420 Oster Drive, in the SE '/4 of Section 4 subject to the conditions listed below. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve two Variances to allow an existing shed within a front yard and within the 30 foot setback requirement on property legally described as Lot 9, Block 1, Oster Addition, located at 1420 Oster Drive, in the SE '/4 of Section 4 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been competed 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 within 30 days before expiration and shall state facts showing a good faith attempt to compete or utilize the use permitted in the variance. 2. The addition shall not exceed the size shown on the proposed Architectural Plans dated February 26, 2008. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. The existing shed shall not be moved any closer to Skyline Road than the existing location of the shed as shown on the existing Site Plan dated February 26, 2008. 5. A building permit must be obtained prior to construction. OLD BUSINESS There were no Old Business items. NEW BUSINESS CONDITIONAL USE PERMIT (1470 ENGLERT ROAD) - MCDONALD CONSTRUCTION City Administrator Hedges introduced this item regarding a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 2.1% for property located at 1470 Englert Road. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes March 18, 2008 Page 3 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 2.1% for property located at 1470 Englert Road, legally described as Lot 8, Block 1, Waters Edge, in the SEI/4 of Section 16; subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permits shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface of this lot cannot exceed 27.1%. 3. All mitigative measures - rain garden, underground irrigation tank, and pervious pavers shall be installed according to the guidance of the Minnesota Stormwater Manual with technical assistance from the Dakota County Soil and Water Conservation District, and overseen and inspected by City staff at the time of installation. 4. The underground irrigation tank shall be continually maintained to retain and reuse stormwater as designed. The tank cannot be removed or disconnected without City approval. 5. The rain garden and pervious pavers shall be continually maintained to retain and provide infiltration of stormwater as designed. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 6:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council was reconvened at 6:50 p.m. ADMINISTRATIVE AGENDA There were no items for discussion. VISITORS TO BE HEARD There were no visitors who wished to be heard. Mayor Maguire recessed the regular meeting at 6:55 p.m. to convene a Closed Session. The regular meeting was reconvened at 8:03 p.m. Mayor Maguire summarized the issue regarding litigation between the City and Wensmann Realty over the former Carriage Hills golf course. City Attorney Bauer discussed the contingent settlement agreement. Mayor Maguire moved, Councilmember Fields seconded a motion to accept the Contingent Settlement Agreement between the City and Wensmann Realty, Inc. and Rahn Family LP, and authorize the Mayor and City Clerk to sign all related documents. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:36 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). Eagan City Council Meeting Minutes March 18, 2008 Page 4 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.