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04/01/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 1, 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, April 1, 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 Mike Daugherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted an addition to the Administrative Agenda regarding a recommendation by the Finance Committee regarding the Northeast TIF District. 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 Bakken 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 March 18, 2008 regular City Council meeting and as presented. B. Personnel Items 1. It was recommended to approve the hiring of Kevin Stevenson and Tyler Gage as seasonal park laborers. 2. It was recommended to approve the hiring of Kathryn Merkley as a seasonal park attendant. 3. It was recommended to approve the hiring of Geoff Cleveland as a seasonal ballfield attendant. 4. It was recommended to ratify the collective bargaining agreement with the Police Officers bargaining unit (Law Enforcement Labor Services, Inc.) for 2008, 2009, and 2010. 5. It was recommended to approve the termination of Jean Babic, Custodian. C. It was recommended to ratify the check registers dated March 13, 2008 and March 20, 2008 as presented. D. It was recommended to approve the plaintiffs' supplemental agreement pertaining to distribution of legal fees, dispute resolution and the technical advisory committee in the settled litigation versus the Metropolitan Airport Commission. E. It was recommended to adopt a resolution approving a Premise Permit renewal for the Eagan Athletic Association to conduct a charitable gambling operation at Al Baker's Restaurant, 3434 Washington Drive. F. It was recommended to approve a Tree Maintenance Contractor License for Branch and Bough Tree Service and Landscape Care. G. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. H. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. 1. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent board up bills and certify them to Dakota County for collection with property taxes. J. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent debris removal bills and certify them to Dakota County for collection with property taxes. Eagan City Council Meeting Minutes April 1, 2008 Page 2 K. It was recommended to approve an on-sale liquor and Sunday License for Blazin Wings, Inc. dba Buffalo Wild Wings Grill and Bar located at 1280 Promenade Place. L. It was recommended to declare miscellaneous City property to be surplus and authorize its disposition. M. It was recommended to receive bids for Contract 08-05 (2008 City-Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc. for the Base Bid in the amount of $123,500.00 and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's 08-11 approval of the designation of various existing street segments, and the removal of some currently designated street segments, on the City of Eagan's Municipal State Aid (MSA) roadway system. 0. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. P. It was recommended to approve Tree Maintenance Contractor License for Asplundh Tree Expert Company. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS CONDITIONAL USE PERMIT AND FINAL PLAT - AEROSPACE WELDING City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outside storage of tanks for argon and nitrogen, and a final plat to create one lot on property located at 1045 Gemini Road. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outside storage of tanks for argon and nitrogen on property located at 1045 Gemini Road, legally described as Lots 24, 25, and 26, Block 5, Eagandale Center Industrial Park No. 3 in the NW 1/4 of Section 11, 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 applicant shall replat the parcels into one lot. 3. The two tanks for argon and nitrogen shall be of the size and located as shown on the Site Plan received February 20, 2008. 4. Bollards shall be installed as a protective barrier around the tanks. 5. Trash dumpsters shall be relocated inside the building or within an enclosure constructed in conformance with the City Code by September 1, 2008. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Plat to create one lot located at 1045 Gemini Road, legally described as Lots 24, 25 and 26, Block 5, Eagandale Center Industrial Park No. 3 in the NW 1/4 of Section 11. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - POSTAL CREDIT UNION City Administrator Hedges introduced this item regarding a Planned Development Amendment and Final Planned Development to allow a credit union with drive-through service and a pylon sign on property located at 3225 Denmark Avenue. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes April 1, 2008 Page 3 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment and a Final Planned Development to allow a credit union with drive-through service and a pylon sign on property located at 3225 Denmark Avenue legally described as Lot 2, Block 1, Olson-Burger Addition, in the SW 1/4 of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The base of the monument sign shall be constructed of the same brick and cast stone to match the principal structure. 3. All rooftop and ground mounted mechanical equipment shall be screened from views from off the property consistent with City zoning ordinances. 4. Trash storage shall be located within an enclosure attached to the northwest corner of the building. The enclosure shall be constructed of materials to match the principal building. 5. The applicant shall provide information regarding canopy lighting to ensure sufficient light levels in that area to provide safety and security, without creating glare or nuisance to the public way or adjacent properties. 6. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. Lighting and lenses beneath the canopy shall be flush with the underside of the canopy so as not to create glare or nuisance to the public way or adjacent properties. 7. The proposed rain gardens on site shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 8. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. 9. The proposed exit-only driveway shall be limited to 18 feet in width, with exit-only signage provided. 10. The developer shall be responsible for relocating the existing street light on Denmark Avenue to accommodate the development's new driveway access. 11. The developer shall be responsible for obtaining a MNDOT drainage permit for the proposed storm water discharge from the development onto I-35E right-of-way. 12. This development shall be responsible for cash parks and trails dedications to be paid at the time of building permit at the rates then in effect. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT MSP COMMERCIAL City Administrator Hedges noted that a request has been made to continue this item. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of the request for Planned Development Amendment, Final Planned Development and Final Plat for a two-story medical/office building on 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2nd Addition in the NE 1/4 of Section 15, to the April 15, 2008 City Council meeting. Aye: 5 Nay: 0 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 meeting was reconvened at 6:45 p.m. Eagan City Council Meeting Minutes April 1, 2008 Page 4 ADMINISTRATIVE AGENDA Community Development Director Hohenstein discussed the need for a public hearing to consider the decertification of a portion of Northeast Eagan TIF District 2-4 and the possible creation of a new TIF District 2-5. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a resolution to schedule a 08-12 public hearing to consider TIF District 2-4 and Prospective TIF District 2-5 for June 3, 2008. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 6:50 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.