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06/02/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 2, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, June 2, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. 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 there will be a Closed Session to discuss pending litigation. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 19, 2009 regular City Council meeting and the Tuesday, May 12, 2009 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of a person to be named as Skate School coordinator. 2. It was recommended to accept the resignation of Joshua Berndtson, Custodian at the Community Center and authorize his replacement. 3. It was recommended to accept the resignation of Police Officer Paul Tupy and authorize his replacement. 4. It was recommended to approve the hiring of Thomas Schellinger as a seasonal street maintenance worker. 5. It was recommended to approve the hiring of Craig Spande, Kevin Stevenson and Joshua Garcia as seasonal park laborers. 6. It was recommended to approve the hiring of Andrew Koppang, Robert Edwards and Matthew Carchedi as seasonal ballfield attendants. 7. It was recommended to approve the hiring of Richard LeMay as a seasonal park attendant. 8. It was recommended to approve the hiring of Andy Barry as a seasonal part-time Building Attendant I I I at the Civic Arena. 9. It was recommended to approve the hiring of summer seasonal staff for Recreation. C. It was recommended to ratify check registers dated May 14, 2009, and May 21, 2009 as presented. D. It was recommended to approve a license for Sara Padrnos to operate a Massage Therapy Establishment (Massage Solutions) at 3348 Sherman Court, Unit 103. E. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to the screening of building and ground-mounted mechanical equipment. F. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 and 1420 Highview in the SE of Section 04. City Council Minutes June 2, 2009 Page 2 G. It was recommended to award Contract 09-12 (Diffley and Rahn Road - Intersection / Roundabout Improvements) to Max Steininger, Inc., for the base bid of $958,813.31 and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve the plans and specifications for Contract 08-13 (Sibley Terminal Industrial Park Storm Drainage Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 16, 2009. 1. It was recommended to approve specific additions and modifications to the '09-10 Winter Trail Maintenance Program as endorsed by consensus at the May 12 Council Workshop. J. It was recommended to authorize staff to issue a building permit for the Cedar Grove Transit Station prior to the recording of the final plat for the property. K. It was recommended to adopt a Resolution approving a Premise Permit for Eagan Hockey Association to conduct a pull-tab operation at Ansari's Restaurant located at 1960 Rahn Cliff Court. PUBLIC HEARINGS There were no Public Hearings. OLD BUSINESS There were no Old Business items. NEW BUSINESS CONDITIONAL USE PERMIT AND FINAL PLAT - LAFARGE NORTH AMERICA City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow outdoor storage of trucks, tractor trailers and equipment located at 855 Apollo Road. City Planner Ridley gave a staff report. The applicant was present and available to answer questions. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outdoor storage of trucks, tractor trailers and equipment located at 855 Apollo Road, 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. 2. Fencing shall be provided to screen the outdoor storage from public right-of-way per the plan received April 30, 2009. 3. The outdoor storage shall be limited to the items identified on the Site Plan received April 30, 2009, and storage shall occur in the designated parking areas as indicated on the Site Plan received April 30, 2009. 4. The applicant shall plat and record the properties under common ownership to achieve a minimum of 35% green space by October 1, 2009. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Final Plat (Eagan Materials Terminal Filing No. 1) to create one lot on approximately 5 acres located at 855 Apollo Road. Aye: 5 Nay: 0 PLANNED DEVELOMENT AMENDMENT - THE HOME DEPOT City Administrator Hedges introduced this item regarding a Planned Development Amendment to modify the permitted size, location , type and duration of outdoor displays, to extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales area on property at 3220 Denmark Avenue. City Planner Ridley gave a staff report. City Council Minutes June 2, 2009 Page 3 Russ Brinkman, Regional Manager of Home Depot, stated he and The Home Depot are in favor of making the seasonal sales area permanent for aesthetic and operational reasons. He further stated he would appreciate a longer time period for seasonal sales from within the new permanent structure. A discussion was held and it was the consensus of the Council that year around sales could take place within the expanded permanent outdoor sales area. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to modify the permitted size, location, type and duration of outdoor displays, to extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales area on property at 3220 Denmark Avenue (L1 B1, Lexington 2nd Addition) subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Dead and diseased, damaged or missing landscape plantings shall be replaced by June 30, 2009. 3. The outside display areas shall be delineated with paint markings on the pavement consistent with the Site Plan dated May 12, 2009. 4. The expanded outdoor sales area shall be reconfigured not to exceed 9.600 square feet as shown on the Site Plan dated May 12, 2009. 5. The fence enclosing the expanded outdoor sales area shall not exceed 8' in height. Items placed in the area shall not exceed the height of the enclosure. 6. Prior to its use for sales in 2010, a permanent enclosure shall be constructed for the expanded outdoor sales area. The enclosure shall be architecturally compatible with the existing garden center utilizing brick pillars and decorative fencing. 7. Pre-built sheds shall be displayed inside the garden center or the fenced expanded outdoor sales area. Three assembled sheds may be displayed and shall not exceed 120 s.f. 8. All signage shall meet City Code requirements. 9. All pallets shall be relocated to inside the fenced expanded outdoor sales area or inside the garden center area. 10. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 11. This Amendment is intended to supplement and amend the Final Planned Development Agreement as it pertains to specific standards for outside display and seasonal sales. All other conditions in the Final Planned Development Agreement shall remain in effect. 5 YEAR CIP - PART III, PUBLIC WORKS INFRASTRUCTURE (2010 - 2014) City Administrator Hedges introduced this item regarding the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2010-2014). He noted that the City Council had reviewed and discussed the proposed CIP at their May 12 Special City Council meeting. Public Works Director Colbert presented a brief overview of the plan. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2010-2014) and authorize the initiation of the public improvement process for the 2010 programmed improvements. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. City Council Minutes June 2, 2009 Page 4 ADMINISTRATIVE AGENDA 1. Director of Public Works Colbert discussed the Federal Transportation Funding Program. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt Resolutions supporting Federal Transportation Funding applications and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 2. Director of Public Works discussed the possibility of retaining a firm to conduct a utility audit. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the retention of Troy and Banks, Utility Telecommunications Consultants, to perform a Utility Audit on behalf of the City of Eagan and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:25 p.m. Date Administrative Secretary / Deputy Clerk