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04/07/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 7, 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, April 7, 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 Councilmember Tilley moved, Councilmember Hansen 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 a revision had been made to the March 16, 2009 minutes. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the March 16, 2009 regular City Council meeting, minutes of the March 10, 2009 and March 24, 2009 Special City Council meetings as amended. B. Personnel Items. A. It was recommended to approve the hiring of Gregg Thompson as Water Resources Specialist. B. It was recommended to approve the hiring of David Gunther, Paul Andrew, Mike Hopkins, Abraham Seiz, Tyler VonDeLinde, Marc Cierzan, Jeffrey O’Donnell, Travis Brown, Samuel Seiz, Jason Wheeler, Brian Hopkins, Daniel Streefland, Nicholas Mested, Ryan Wall, Jennifer Schoenecker, Matthew Steele, Cody Johnson, Matt Bailey, Katelyn Lutovsky and Kyle Stevenson as seasonal park maintenance workers. C. It was recommended to ratify check registers dated March 19, 2009, and March 26, 2009 as presented. D. It was recommended to set a public hearing for May 5, 2009 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. E. It was recommended to set a public hearing for May 5, 2009 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. F. It was recommended to accept an MRAC grant for $3,000 from the Metropolitan Regional Arts Council for summer programming. G. It was recommended to set a public hearing for May 5, 2009 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. H. It was recommended to approve a resolution authorizing partial redemption of the 2002A Series and 2004A Series improvement bonds. I. It was recommended to approve tree maintenance contractor licenses for: Miller Tree Service, 7131 Corliss Way, Inver Grove Heights th Family Tree Service, 8101 66 Avenue N., Brooklyn Park th Aspenwall Tree Service, 1950 Lower 87 St. W., Inver Grove Heights City Council Minutes April 7, 2009 Page 2 J. It was recommended to authorize submittal of an application to create a Wetland Bank site in Watering Walk Park and a 30-day public comment period on the proposed application. K. It was recommended to receive the Final Assessment Roll for Project 951 (South Dodd Road – Sanitary Sewer Improvements) and schedule a public hearing to be held on May 5, 2009. L. It was recommended to receive the Final Assessment Roll for Project 952 (Boulder Lakes / Lone Oak Road – Street and Utility Improvements) and schedule a public hearing to be held on May 5, 2009. M. It was recommended to award Contract 09-02 (Citywide Street Improvements) to Bituminous Roadways, Inc., for the base bid and the alternate bid for a total amount of $1,026,252.65 and authorize the Mayor and City Clerk to execute all related documents. N. Item removed. O. It was recommended to receive the bids for Contract 09-09 (2009 City-Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean and Seal, Inc. for the Base Bid in the amount of $113,750.00 and authorize the mayor and City Clerk to execute all related documents. P. It was recommended to approve the Access Agreement and Right of First Refusal for the Public Works Maintenance Yard and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve the plans and specifications for Contract 09-10 (Yankee Doodle Road / Yankee Drive / Rahncliff / Cliff Lake Road – Street and Median Landscape Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 14, 2009. R. It was recommended to approve an Easement Agreement for Project 719 (Diffley Road & Rahn Road – Intersection / Roundabout Improvements) with the owner of Parcel 10-02000-011-52 (Grace Slavic Baptist Church) and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to direct staff to initiate an update to the Standard Conditions of Plat Approval. T. It was recommended to approve and authorize signatures of a loan agreement with Biothera regarding terms and use of a Minnesota Investment Fund grant for expansion of Biothera at 3388 Mike Collins Drive. U. It was recommended to approve the Consultant Service pool for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the pool of businesses on the attached list, authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to approve a contract with VAnco Services to process fitness membership payments. W. It was recommended to accept a donation of $4,000 from City and County Credit Union for the 2009 Eagan Market Fest entertainment series. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS CONDITIONAL USE PERMIT – LINDER’S City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a temporary greenhouse for seasonal outdoor sales at the Kowalski’s store located at 1646 Diffley Road. City Planner Ridley gave a staff report. Two area residents expressed their concern regarding the appearance, potential noise, traffic and on- street parking generated by the greenhouse. City Council Minutes April 7, 2009 Page 3 Representatives of Kowalski’s and Linder’s Greenhouse discussed the proposed location and operation of the greenhouse and that decorative flags would not be used at this location. Fire Chief Scott addressed the potential problem of parking in fire lanes during busy times. Sgt. Duane Pike discussed potential traffic issues in the area. He also noted there has typically been no crime reported in regard to outdoor greenhouses elsewhere in the past. Councilmembers discussed the close proximity of the proposed greenhouse to a residential area and the potential shortage of parking. It was agreed that the applicant would reevaluate the location of the proposed greenhouse and parking situation and resubmit a revised plan to the City Council for consideration. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue until April 21 consideration of a Conditional Use Permit to allow a temporary greenhouse for seasonal outdoor sales at the Kowalski’s store located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza: Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT – BACHMAN’S City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a temporary greenhouse for seasonal outdoor sales at the Byerly’s store located at 1299 Promenade Place. City Planner Ridley gave a staff report. Don Swenson representing Bachmans discussed the proposed greenhouse. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a temporary greenhouse for seasonal outdoor sales at the Byerly’s store located at 1299 Promenade Place, legally described as Lot 8, Block 2, Eagan Promenade, in the S ½ of Section 10, 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. The seasonal sales shall be allowed between the dates of April 1 and July 1 each year, but not to exceed 90 consecutive days. st 3. All structures shall be removed by July 1 each year. 4. A Building Permit is required each year prior to construction of the greenhouse. 5. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 6. The site, including the storage of carts, shall be kept in a neat and orderly manner and the display of items shall be contained with the fenced area and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site and Floor Plan exhibits and Detail sheet dated March 3, 2009. The sale of landscape materials is prohibited (e.g. landscape rock, modular brick, etc.) Hours of operation shall be between the hours of 8:30 a.m. and 7:00 p.m. seven days a week. 8. Signage shall be subject to City Sign Code requirements; up to three temporary signs, but shall not exceed a total area of 25 square feet. 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. City Council Minutes April 7, 2009 Page 4 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed two pieces of legislation currently before the State Legislature that involve Eagan. The regular City Council meeting was recessed at 7:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular Council meeting was reconvened at 11:20 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would not be held. Mayor Maguire moved, Councilmember Tilley seconded a motion to schedule a special City Council meeting on April 14, 2009 for the purpose of interviewing applicants for advisory commission positions. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 11:25 p.m. ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk