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07/01/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 1, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor Bakken, Councilmembers Fields and Tilley. Mayor Maguire was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 1, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Bakken, Councilmembers Fields and Tilley. Mayor Maguire was absent. 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 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 3 Nay: 0 RECOGNITIONS AND PRESENTATIONS The July 4"' Funfest Committee was recognized for their efforts on the July 4"' celebration. Ken Koch highlighted the upcoming Funfest events. CONSENT AGENDA Acting Mayor Bakken noted that in the June 17 minutes, Councilmember Carlson moved, Councilmember Fields seconded the motion to adjourn the meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye:3 Nay: 0 A. It was recommended to approve the minutes of the June 17, 2008 regular City Council meeting as amended. B. Personnel Items 1. It was recommended to approve the hiring of Nick Larson as a part-time seasonal recreation assistant- adapted. 2. It was recommended to approve the hiring of Trinda Phelon, Alisah Natzel, Naomi Muckler, Carissa Fisher, Benjamin Cohen and Lily Peters as part-time seasonal lifeguards at Cascade Bay. 3. It was recommended to approve the hiring of Angela Hurley and Hannah martin as part-time seasonal pool attendants at Cascade Bay. 4. It was recommended to approve the hiring of Mats Norblom, Meredyth Frederickson, Diana Hansen, Nicholas Hamilton and Tara Novotny as part-time seasonal guest services at Cascade Bay. 5. It was recommended to approve the hiring of Helen Wing, Sue VonDeLinde, Michael Stiff and Kristin Benda as part-time fitness attendants at the Community Center. 6. It was recommended to approve the hiring of Efren Maldonado as a part-time fitness attendant/personal trainer at the Community Center. 7. It was recommended to approve the hiring of Kate Anderson as part-time seasonal building attendant II at the Civic Arena. 8. The hiring of Steven Nelson as a full-time overnight custodian at the Eagan Community Cetner was acknowledged. 9. The hiring of Todd Johnson as a full-time overnight custodian at the Campus Facilities was acknowledged. 10. Approved the summary restatement of Post Retirement Health Insurance Benefits and implementation of same for City of Eagan employees. C. It was recommended to ratify the check registers dated June 19, 2008 and June 26, 2008 as presented. Eagan City Council Meeting Minutes July 1, 2008 Page 2 D. It was recommended to schedule a Special City Council Workshop on Tuesday, August 26, 2008 at 5:30 p.m. E. It was recommended to approve a Joint Powers Agreement for development of Government Optical Fiber Network between the City of Eagan, Dakota County, Dakota County Community Development Agency, and the State of Minnesota Office of Enterprise Technology. F. It was recommended to approve a one-year extension of the Preliminary Subdivision, Variance and Conditional Use Permit approvals (Nature's Point) - Epic Developmetn X, LLC. G. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Sammy Sweet Cheeks, consisting of two single-family lots on approximately 1.0 acre located at 2888 Sibley Hills Drive in the SW 1/4 of Section 04. H. It was recommended to receive the bids for Contract 08-02 (Lone Oak Road - Lift Station Upgrade) and award the contract to Minger Construction, Inc., for the base bid in the amount of $692,365.55, and authorize the Mayor and City Clerk to execute all related documents. 1. It was recommended to approve Change Order Numbers 7-10 for Contract 06-01, TH 149 Reconstruction. J. It was recommended to approve the plans and specifications for Contract 08-01 (Holland Lake - Lift Station Upgrade) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, July 22, 2008, at the Eagan City Hall, located at 3830 Pilot Knob Road, Eagan MN 55122. K. It was recommended to approve the first amendment to the T-Mobile lease agreements for telecommunications equipment on City reservoirs and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to authorize a Facility Evaluation Study of the South Water Treatment Plant Facility. M. It was recommended to authorize a Radio System Evaluation Study by SEH, Inc. N. It was recommended to approve a contract that would allow FCS to investigate minor check crimes and/or collect restitution from persons who write bad checks to City merchants. 0. It was recommended to approve a 90-day extension of time to record he final plat for Blue Gentian Corporate Center, located north and south of Blue Gentian Circle, in the NW 1/4 of Section 2. P. It was recommended to approve a one year extension of the Preliminary Subdivision approval for Sumac Ridge, consisting of 6 single-family lots on approximately 3.0 acres located at4395 Dodd Road in the NW 1/4 of Section 25. Q. It was recommended to approve renewals of Massage Therapy Establishment Licenses for Coles Salon, New Star Massage and Rejuv Skin & Laser Clinic. R. It was recommended to approve an Amusement Device License for Mendota Valley Amusement. PUBLIC HEARINGS VARIANCES - CITY OF EAGAN City Administrator Hedges introduced this item regarding parking setback variances for three properties along 3660 Dodd Road, 3680 Dodd Road and 1364 High Site Drive. City Planner Ridley gave a staff report. Acting Mayor Bakken opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve parking setback variances for: 3660 Dodd Road 10 foot parking setback variance 3680 Dodd Road 4 to 10 foot parking setback variance 1364 High Site Drive 1 to 20 foot parking setback variance. Aye: 3 Nay: 0 Mike Chappuis, 1025 Cliff Road, asked that item J of the consent agenda be reconsidered. He stated that a change in the plans for the lift station will have a direct and unfavorable impact on the three families that live in the area. Eagan City Council Meeting Minutes July 1, 2008 Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to pull item J of the Consent agenda for reconsideration. Aye: 3 Nay: 0 Works Director Colbert provided information regarding plans for the Holland Lake Lift Station. It was noted that the action taken only approves an ad for bids and not the final plans for the project. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Plans and Specifications and Authorize Ad for Bids, Contract 08-01 (Holland Lake Lift Station). Aye: 3 Nay: 0 VARIANCE - CHERLAND City Administrator Hedges introduced this item regarding a Variance of 20 feet to the required 30 foot front yard setback to construct a shed at 4615 Beacon Hill Court. City Planner Ridley gave a staff report. Acting Mayor Bakken opened the public hearing. Shawn Cherland, applicant, discussed the requested variance and plans for a shed. Ruthann Johnson, neighboring property owner, asked how high the shed would be and for what purpose it would be used. She also wanted to know if additional cars would be parked on the property and street. Staff addressed the height of the proposed shed, noting it is consistent with code standards. The applicant discussed the purpose of the proposed shed, noting it is to store items that are currently stored in their garage. Public Works Director Colbert stated that depending on the results of a pending survey, the applicant may have to request an easement vacation. There being no further public comment, Acting Mayor Bakken closed the public hearing and turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 20 feet to the required 30-foot front yard setback to construct a shed at 4615 Beacon Hill Court, legally described as Lot 8, Block 1, Beacon Hills in the NW 1/4 of Section 33, subject to the following conditions: Aye: 3 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 roof of the shed shall match the pitch and style of the principal structure. 3. The applicant shall provide a current survey of this side of the property to verify the location of the property line, drainage and utility easement, and placement of the shed. OLD BUSINESS HAWTHORNE RIDGE - EXCEL DEVELOPMENT, LLC City Administrator Hedges introduced this item regarding a modification to covenant restrictions to allow a full- service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. City Planner Ridley gave a staff report. Donna Williams, representing Excel Development discussed the request for a full service restaurant. It was the consensus of Council to make no changes to the covenant restrictions at this time. Eagan City Council Meeting Minutes July 1, 2008 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to deny a modification to covenant restrictions to allow a full-service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. Aye: 3 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - VERIZON WIRELESS City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit a retail commercial use in an office building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to permit a retail commercial use in an office building located at 1250 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition, in the N '/2 of Section 15, subject to the following conditions: Aye: 3 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan dated June 24, 2008 • Building Elevations 2. Existing landscaping that is removed must be either relocated or replaced elsewhere on the site. 3. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of the City Code. 4. The development shall achieve no net increase in impervious coverage, which may be accomplished by converting some other existing paved areas to green space, utilizing pervious pavement for the new paved areas, and possibly reducing the amount of new sidewalk area. PLANNED DEVELOPMENT AMENDMENT - OPPIDAN (EAGAN PROMENADE) City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit a multiple tenant retail commercial use located at 1270 Promenade Place. City Planner Ridley gave a staff report. Jay Morgan, Oppidan Development Company, discussed the possibility of a multiple tenant use of the existing building. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to permit a multiple tenant retail commercial use located at 1270 Promenade Place, legally described as Lot 6, Block 2, Eagan Promenade, in the SE 1/4 of Section 10 subject to the following conditions: Aye: 3 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations 2. No more than five tenants shall be allowed, and tenant spaces shall be no less than 2,900 square feet. 3. Existing landscaping that has died shall be replaced. 4. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of the City Code. Eagan City Council Meeting Minutes July 1, 2008 Page 5 5. Signage shall be limited to one building sign on each of the west and south elevations for each tenant. 6. Additional pedestrian connections shall be made between the trail on Yankee Doodle Road and the property, and between this property and the adjacent Panera lot. PLANNED DEVELOPMENT AMENDMENT - MFC PROPERTIES City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a drive- through operation and parking lot reconfiguration at 1250 Town Centre Drive. City Planner Ridley gave a staff report. Bruce Miller, MFC Properties, discussed the proposed drive through area. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a drive through operation and parking lot reconfiguration at 1250 Town Centre Drive, legally described as part of Lot 4, Block 1, Town Centre 100 6"' Addition, subject to the following conditions: Aye: 3 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. Interior parking and circulation modifications shall be in accordance with the Site Plan dated 6-13-08. 3. The applicant shall submit a Landscape Plan that adds over-story trees to the parking lot islands for staff review and approval with the Building Permit application. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Discussion was held regarding representation on the Grant Evaluation and Ranking System (GEARS) Committee. Acting Mayor Bakken moved, Councilmember Fields seconded a motion to endorse Mayor Maguire for the GEARS Committee. Aye: 3 Nay: 0 ADMINISTRATIVE AGENDA City Administrator Hedges noted that a Closed Session regarding Cedar Grove would be necessary. 1. Open Space Committee Recommendation. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the hiring of HKG Consulting to assist the City in a public input process associated with the November 4, 2008 referendum on the acquisition of the Carriage Hills property deferring decision on cost to the next meeting. Aye: 3 Nay: 0 Discussion was held regarding the interview process for the vacant Council seat. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:55 p.m. Administrative Secretary / Deputy City Clerk Date Eagan City Council Meeting Minutes July 1, 2008 Page 6 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.