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05/05/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 5, 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, May 5, 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 noted that items F and G of the Consent Agenda would be moved to Recognitions and Presentations. He also noted that a Closed Session would be held. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS A. The donation of $1,000 from the Rotary Club of Eagan was discussed by City Administrator Hedges. Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the donation of $1000 from the Rotary Club of Eagan. Aye: 5 Nay: 0 B. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt a Resolution 09-5 Accepting a New Fire Safety Trailer from the Eagan Rotary Club. Aye: 5 Nay: 0 C. The Eagan Rotary Club was recognized for the donation of the new fire safety trailer. CONSENT AGENDA 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 April 21, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Michael Griffin as a Water resources intern. 2. It was recommended to approve the hiring of Catherine Shields, Sarah Kleckner, Joe Wollan, Jenny Piskor, Sarah Schwanz, Derek Rothschiller and Eric Holmay as seasonal landscape crew laborers. 3. It was recommended to approve the hiring of Stella Collier as a seasonal tree inspector. 4. It was recommended to approve the hiring of Ryan Marks as a seasonal forestry tech. 5. It was recommended to approve the hiring of Leon Werner as a seasonal street maintenance worker. 6. It was recommended to approve the elimination of 1.0 FTE from the Recreation Division effective 09-6 May 31, 2009. The 1.0 FTE will be comprised of 2 part time positions entitled Manager on Duty. C. It was recommended to ratify check registers dated April 16, 2009, and April 23, 2009 as presented. City Council Minutes May 5, 2009 Page 2 D. It was recommended to approve the minutes of the March 10, 2009 Special City Council meeting as revised. E. It was recommended to approve the Workers Compensation Services Agreement with Berkley Risk Administrators Company, LLC. F. Moved to Recognitions and Presentations G. Moved to Recognitions and Presentations H. It was recommended to approve a contract for construction manager services related to the proposed Fire Safety Campus. I. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for nd Diffley Plaza 2 Addition, for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes. J. Removed. K. It was recommended to approve a Final Plat (Christ Lutheran) to create one lot on approximately 9 acres located at 1930 Diffley Road. L. It was recommended to direct staff to initiate an Ordinance Amendment to Chapters 5, 10 and 11 specifically as it relates to Temporary Outdoor Events. 09-7 M. It was recommended to proclaim May 17 through May 23, 2009, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve an extension of the Easement and Assessment Agreement with the owner of PIN 10-72840-011-01 (Cedarvale Business Center) and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to authorize the preparation of detailed plans and specifications by the City Engineer for Contract 09-08 (2009 City-wide Trail and Sidewalk Improvements). P. It was recommended to approve a license to sell tobacco products for Rheata Donatell, Lone Oak Store, LLC at 1286 Lone Oak Road. PUBLIC HEARINGS VARIANCE – JAMIE MELAHN – 4158 BLUEBERRY CIRCLE City Administrator Hedges introduced this item regarding a request for a variance of 7 feet to the required 30-foot minimum front yard setback for a front porch addition on property located at 4158 Blueberry Circle. 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. Council held a brief discussion. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance of 7 feet to the required 30-foot minimum front yard setback for a front porch addition on property legally described as Lot 16, Block 1, Hilltop Estates, located at 4158 Blueberry Circle subject to the following conditions: Aye: 5 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 porch addition shall not exceed the size shown on the proposed site plan. The roof shall match the pitch and style of the existing roof on the house. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. City Council Minutes May 5, 2009 Page 3 PROJECT 952, BOULDER LAKES / LONE OAK ROAD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding the Final Assessment Roll for Boulder Lakes / Lone Oak Road street & utility improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Eight citizens spoke. Their comments and questions included the following:  Deferment of the assessments and requests for no interest  Future use of the property – what to anticipate from the City in regard to development There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Staff and Mayor Maguire addressed the questions and concerns of the residents. Mayor Maguire moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 952 (Boulder Lakes / Lone Oak Road – Street & Utility Improvements) amending commercial assessments to a 20 year term and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Bakken moved, Mayor Maguire seconded a motion to approve a deferment on the certification and collection of Special Assessments for Project 952 (residential and agricultural zoned properties only) for 10 years at 6% interest, or at time of sale or development of the property, to those who submit a written request by May 22 and execute the required agreements by June 4, 2009. Aye: 5 Nay: 0 PROJECT 951, SOUTH DODD ROAD – SANITARY SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding the final assessment roll for South Dodd Road sanitary sewer improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Three citizens spoke requesting a deferment with no interest and questioned when the project would be completed. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Staff addressed the concerns of the residents. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 951 (South Dodd Road – Sanitary Sewer Improvements) and authorize its certification to Dakota County for collection over 10 years at 6.0 % interest. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Deferment on the certification and collection of Special Assessments for Project 952 for 10 years(or until development or hook up) at 6 % interest to those who submit a written request by May 22 and execute the required agreements by June 4, 2009. Aye: 5 Nay: 0 City Council Minutes May 5, 2009 Page 4 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges introduced this item regarding the certification to Dakota County of delinquent false alarm bills, noting the assessable amount of outstanding bills is $1,030. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges introduced this item regarding the certification to Dakota County of delinquent weed cutting bills, noting the assessable amount of outstanding bills is $2,754.20. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges introduced this item regarding the certification to Dakota County of delinquent utility bills, noting the assessable amount of outstanding bills $175,658.01. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS There were no Old Business items. NEW BUSINESS CONDITIONAL USE PERMIT – RELIABLE PROPERTY SERVICES City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow outdoor storage of equipment and landscaping items for Reliable Property Services located at 3245 Terminal Drive. City Planner Ridley gave a staff report. The applicant was not present. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of equipment and landscaping items for Reliable Property Services on Lot 2, Block 1, DG Welding Addition, located at 3245 Terminal Drive, subject to the following conditions: Aye: 5 Nay: 0 City Council Minutes May 5, 2009 Page 5 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Outdoor storage of truck and trailers shall be limited to the rear portion of the property and not within the Fire Department turnaround. A striping plan shall be submitted by June 1, 2009 that delineates the specific location. 3. Any outdoor storage visible from the public right-of-way shall be screened from view. 4. Landscape materials are limited to those items shown on the approved Site Plan dated April 1, 2009 including rock, mulch, dirt, sand and recycled landscape. 5. The covered storage shall be limited to sand and salt per the approved Site Plan dated April 1, 2009. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 7. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 8. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 9. All parking and storage areas shall be properly maintained to prevent deterioration. 10. This development shall manage storm water and protect water quality from the new outdoor storage / parking areas by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds, regional ponds, and maintenance of private storm water facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and approved by Council action. 11. The proposed rain garden 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. 12. The developer and owner shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. 13. The fabric cover for the salt and sand storage and the fabric netting for the chain link fence shall be kept in premium condition. Replacement of the fabric cover and netting shall occur immediately if they fall into disrepair. CONDITIONAL USE PERMIT – MINNESOTA MONTESSORI City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to permit a child daycare facility within the multi-tenant building located at 4130 Blackhawk Road. City Planner Ridley gave a staff report. The applicants and the owner of the retail center were present to answer questions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to permit a child daycare facility within the multi-tenant building located at 4130 Blackhawk Road, legally described as Lot 1, Blackhawk Plaza, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder’s Office within 60 days of approval, and proof of recording shall be submitted to the City. 2. The daycare shall be operated in compliance with all other County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County or State. 3. An outdoor play area, consistent with State licensing requirements, shall be provided. Access to the play area shall be via the front sidewalk and an accessible path across the service drive as shown on the Play Area Plan dated April 9, 2009. City Council Minutes May 5, 2009 Page 6 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to permit an off-site playground in conjunction with a child daycare facility on property legally described as lot 2, Block 1, Blackhawk Plaza subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The Interim Use Permit shall terminate in five (5) years (May 5, 2014). If the daycare use on Lot 1 ceases at an earlier date, this Interim Use Permit shall terminate at the same time. 3. An agreement between the owner of Lot 1 (Diffley Square Partners, LLP) and the owner of Lot 2 (Diffley Square II, LLC) is necessary to permit the use of Lot 2 for the playground serving the daycare which is located on Lot 1. Such agreement should be provided to the City for review and approval by the City Attorney. 4. An accessible path from the indoor daycare facility to the outdoor play area shall be provided as shown on the Play Area Plan dated April 9, 2009. 5. The play area shall be removed should the daycare facility cease to operate. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Councilmember Bakken moved, Councilmember Tilley seconded a motion to appoint Mayor Maguire to represent the City on the High Performance Partnership Committee (HiPP). Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to change the interest rate from 6.5% to 6.0% for Project 905-R and direct staff to implement the change. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:35 p.m. ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk